OF MASSACHUSETTS. 119 



months were the best suited for handling and marketing the " eyes. 

 In 1887 and in 1896 the closed season was changed to April 1 to Octo- 

 ber 1, which proved satisfactory until 1909, when the experiment was 

 tried of shortening it to September 1. In 1910 the act of 1909 was 

 repealed, at the petition of the scallop fishermen of the Commonwealth, 

 and the old limits (April 1 to October 1) resumed. The acts of 1885 

 and 1887 prohibited the capture, sale and export of scallops during the 

 closed season, while that of 1896 replaced the word export by "have 

 in possession." In 1909 any inhabitant of the Commonwealth was per- 

 mitted to gather by hand scallops for his own use at any season. 



The Penalties. The acts of 1885 and 1887 gave a maximum penalty 

 of $20, which was increased to $50 by the act of 1896, which likewise 

 established a minimum of $20. The acts of 1907, 1909 and 1910 lowered 

 this penalty to a minimum of $5 and a maximum of $20. Special acts 

 for the towns of Buzzard's Bay, in 1888, 1892, 1893 and 1900, estab- 

 lished a penalty of $20 to $100. 



''Seed" Scallops. Legislation for the protection of the "seed" 

 scallop was first enacted in 1887, with maximum penalty of $20 for 

 each offence, which was increased to $50 in 1896. Neither act in any 

 way defined the term " seed " scallop. In 1906 a " seed " scallop was 

 legally defined as a scallop under 2 inches, but a size limit proved un- 

 satisfactory, owing to the great variation in size of young and adult 

 scallops, and was replaced in 1907 by a detailed definition. This defi- 

 nition, although describing thoroughly the "seed" scallop, proved too 

 cumbersome for legal use, and was simplified in 1909 to read merely 

 " a well-defined growth line." The act of 1909 gave a leeway of 15 per 

 cent, for the' " seed " unavoidably taken, which made the law difficult to 

 enforce and harmful to the fishery. This percentage was lowered to a 

 nominal 5 per cent, in 1910. " Seed " scallop legislation has been the 

 most troublesome, owing to the difficulty in adequately defining the 

 term so that it will bear legal interpretation. As long as the scallop 

 fishermen refuse to take the immature scallops, there is but little need 

 of the rigid enforcement of the " seed " scallop law. 



Town Laws. Special acts for towns are somewhat different than 

 the general State laws governing the fishery, as they merely apply to 

 local waters and emphasize the powers already given by the general 

 shellfish law of 1880 to the town officials. Special scallop laws apply 

 to Nantucket, Wareham, Bourne, Marion, Rochester, Mattapoisett and 

 Fairhaven, and are of two classes : 



(a) Bait Regulation* Nantucket is the only town which is allowed 

 to catch scallops for bait out of season, and here only from April 1 

 to May 15, according to an act of 1901, previous to which the limit 

 was from April 1 to May 1 by the act of 1888. 



( b ) Local Regulation by Permits. The selectmen of the towns 

 above mentioned, except Nantucket, were empowered by special acts to 



