THE OYSTER FISHEPwIES LAWS. 11^ 



a lease be granted to them of the adjoining tidal land. Unfortunately many 

 persons who own private properties, and who wish to conserve and protect 

 the oysters on the tidal boundary of their property, find it no easy matter 

 to get a lease of the adjoining tidal lands granted to them. This is not 

 their fault, for they make the necessary application for such land ; nor is it 

 the fault of the Commissioners who have the administration of the law, but it 

 is altogether owing to the portions of tidal land applied for not being so 

 accurately surveyed as to have a plan or tracing endorsed on the lease 

 defining the position and boundaries of the land intended to be leased 

 sufBciently accurately to satisfy the Survey Department, and until this is 

 done the Crown Law Office will not issue the lease ; they cannot claim the 

 oysters till their lease is granted. The result is that the shores of our 

 harbours are getting literally denuded of oysters. The only course at present 

 open to landowners to have the oysters protected growing on the tidal 

 boundary of their properties is to apply to the Commissioners to have such 

 land declared an oyster reserve, which permits the owners to take bottlesful of 

 oysters off such reserve ; but no one else. It is now about two years since 

 the Act of 1881 was passed into law, and although the Act is clear on most 

 points as to the manner in which the leases can be granted, it is a positive 

 fact that not a single lease up to the present time has been issued to form or 

 plant oyster beds or layings under any of the sections (28-32 and 48). Of 

 course it is quite competent for those who hold leases of rivers under the 

 old Act, and which have not yet expired, to lay down oysters in beds where 

 they will fatten and grow, and until their old leases expire such lajdngs are 

 safely protected, but immediately their leases do expire, the river in which 

 they are is closed, and, unless again opened by proclamation, are not open 

 to any licensed oyster dredger. It really is from this source of laid down 

 beds on leased rivers that this and other markets of the colonies are to a 

 great extent supplied with oysters. Unless, therefore, new leases are 

 granted under this 1881 Act, or some other provision be soon made to give 

 other oyster capitalists time to lay down oyster beds which will be secured 

 to them, a period must arrive when the only sujjply can be obtained by 

 licensed dredgers from natural oyster beds, and which, if I am not very 

 much mistaken, will yield a very inadequate supply for the demand now 

 created. It has come to this, that no new leases are being issued and the 

 old leases are rapidly falling in, and cannot as heretofore be renewed, and 

 we can only depend on our natural drift oyster-beds for the supply required, 

 It will very naturally be asked, why are not new oyster leases issued. There 

 is no want of applications from men of capital and experience, who are ready 

 and willing to go into the trade if they can only obtain secure leases. The 

 Fisheries Commissioners recommend such leases should be granted, but still 

 they are not, and for the reasons beforementioned. What then, under the 

 circumstances, would be best to be done ? For my own part, I see no other 

 way of solving this difficulty and urgent want than by having all the clauses 

 of the 1881 Act relating to the leases of our oyster beds repealed at once. 

 Ifw^ould take some years to have a survey so accurately made of our east 

 coast rivers as to justify the Crown Law Office to issue leases, even if they 

 had a staff to do the work, which they have not, and until then must we go 

 without a supply of oysters. If these leasing clauses were repealed, a simple 

 plan for leasing our river beds for the laying down and cultivation of oysters 

 could be carried out as suggested by the Surveyor- General, provided that 

 the Crown law would issue such leases without requiring a plan or tracing 

 defining the area of such leased tidal lands to be drawn on the leases. The 

 suggestion of the Surveyor-General is to this effect, that on each side of the 



