116 THE OYSTER TISHERIES LAWS. 



article of food attracted the notice of the authorities in 1868, which resulted 

 in an Act being passed (31 Victoria, No. 20) " To regulate oyster fisheries 

 and to encourage the formation of oyster-beds." Our natural oyster-beds 

 had already exhibited signs of exhaustion, and that Act had for its object 

 the prevention of this exhaustion and their threatened extinction. It had 

 also in view the encouragement of the cultivation of artificial oyster-beds, 

 and the improvement of those now known as natural beds. By this Act of 

 1868 persons were permitted to lease Crown lands covered and uncovered by 

 the ebb and flow of the tide for any time not exceeding ten years, for the 

 laying down or forming of oyster-beds ; the lessee was not allowed to possess 

 any exclusive right or title to the shore except for forming oyster-beds. By 

 a regulation under this Act the lease was restricted to 1 mile of shore 

 frontage, which was let by tender or by auction. This Act did not define 

 how far out from his shore frontage the lessee was entitled to lay down 

 oysters on artificial beds, and it did not prevent him from dredging and 

 taking oysters from what wo now define and know^ as natural oyster-beds on 

 his lease ; the Act was really misread, and the natural oyster-beds were 

 leased and worked under it. Under this 1868 Act there were no licenses 

 granted to persons to dredge oysters beyond the limits of the tidal lands 

 taken up as frontage leases, as there are in the present Act ; at that time 

 the difference between a natural oyster-bed, which is never uncovered by the 

 ebb and flow of the tide — and an artificial bed formed by oysters being 

 removed from the rocks or foreshore, and laid down on beds which are freely 

 washed by the tides, and where they would receive consequently more 

 nourishment and thrive better — was not understood. The oysters forming 

 the natural beds in our rivers, streams, bays, &c., differ so materially from 

 those which attach themselves to the rocks or other objects on the fore- 

 shore, and are uncovered by each tide, that the present Act has made pro- 

 vision for the working of these two natural positions of our oysters quite 

 distinctly. Up to about 1872 our oyster fisheries were carried on under 

 the regulation I have mentioned, when it Avas represented that the 1-mile 

 frontage system was not extensive enough to carry on dredging operations 

 with profit, and the Executive decided to repeal it. By the repeal of this 

 'regulation it was left open to the Lands Department of the day to lease any 

 •extent of frontage, and, as a matter of fact, whole rivers were leased by 

 tender or by auction to single individuals, without any reference as to 

 riattiral or artificially laid down beds. To Mr. Lindsay Thompson is due the 

 ■credit of having repeatedly pointed out that all these leases had been erro- 

 neously and illegally promised, and the possession of them was entered upon 

 (juite beyond the provisions of the Act. These repeated representations 

 resulted in the appointment, in 1876, of the Eoyal Commission on Oyster 

 Culture. This Commission, after taking extensive evidence, recommended 

 the cancellation of these so-called leases, the substitution of a system of 

 licensing, and the appointment of an efficient staff" of inspectors. Appended 

 to their Keport was a Bill for regulating the oyster fisheries, which the 

 Commission strongly recommended to be passed into law. Through Cabinet 

 changes this Bill was iievcr brought before Parliament. Mi*. Farnell 

 applied for and obtained leave to bring in his Bill, but before he was able to 

 do so the Ministry of the day resigned office. Unfortunately, by this mis- 

 adventure the working of these extensive river leases continued, with one 

 or two exceptions, till the expiration of the period of their ten years' leases. 

 One lessee had the monopoly of no less tliaii three rivers at one time, and 

 there was not at that time any restriction to the size of the oysters taken off 

 the beds ; it can easily be imagined how exhausted and denuded these beds 



