218 FISHERIES OF THE UNITED STATES. [34] 



The former does direct damage occasionally, by its attack on the shells, 

 but usually it rather prepares the way for other enemies than accom- 

 plishes anything itself. The latter is not directly harmful, but growing 

 sometimes in great masses, it not only prevents the food supply of the 

 oyster from readily reaching the animal, but interferes with the at- 

 tachment of the young brood. Hence cultivated beds should be kept 

 clear of this as well as the boring-sponge. 



OYSTER INDUSTRY. 



The Fishery. 



The fishery is regulated by the laws of the various States, the Fed- 

 eral Government exercising no control, and consequently the conditions 

 under which the pursuit is followed are many and various. At the 

 present time the laws relating to the oyster fishery may be said to be 

 based upon one of two general principles. The first, the basis for the 

 regulations of most of the States, considers the oyster beds to be in- 

 alienable, common property. Laws based upon this principle are gen- 

 erally of a protective nature, and are in reality regulations of the State, 

 made by it in its capacity of guardian of the common property. The 

 second principle assumes the right of the State to dispose of the area at 

 the bottom of its rivers, harbors, and estuaries, and having disposed of 

 it, to consider the lessee or owner, as alone responsible for the success 

 or failure of his enterprises, and the State in no way called upon to 

 afford him other assistance than protection in legitimate rights. In 

 general terms, under the first principle, the beds are held in common ; 

 under the second, in severalty. But one State permits the preemption 

 of an unlimited tract of bottom, and the holding of it in fee : the State 

 of Connecticut. Ehode Island leases her ground for a term of years, at 

 $10 per acre ; but the person holding an area has no legal powers of dis- 

 posing of it beyond the limits of the lease. Massachusetts, New York, 

 New Jersey, Maryland, and Virginia, all permit pre-emption of small 

 tracts by individuals for indefinite periods, and on the coast of Long 

 Island the various towns along the shore lease tracts of considerable 

 extent to private cultivators. 



Various restrictions are also placed upon the time and manner of 

 conducting the fisheries. Some of the States, noticeably Virginia, pro- 

 hibit entirely the use of the dredge or scrape; others, noticeably New 

 Jersey, prohibit such use in some localities and permit it in others. All 

 the States, with one exception, prohibit the use of steam vessels or ma- 

 chinery, or fishing by other than their own inhabitants. Connecticut 

 again forms the exception, and quite a large fleet of steam dredging 

 vessels are employed on her beds. 



The laws of the various States have several common features. All 

 general fishing is suspended during the summer months. No night 

 fishing is permitted. No steamers are allowed to be used. No pro- 



