LEGISLATION FOR THE PROTECTION OF MACKEREL. 301 
6.—LEGISLATION, FOR THE PROTECTION OF MACKEREL. 
1. LEGISLATION IN THE SEVENTEENTH AND EIGHTEENTH CENTURIES. 
At an early day in the history of the United States a failure of the mackerel fishery was 
apprehended. The following notices of legislation, copies of laws, and newspaper extracts will 
serve to give an idea of the state of public opinion at different periods from 1660 to the present 
time: 
1660.—Early regulation of the mackerel fishery— The commissioners of the United Colonies 
recommended to the several General Courts to regulate the mackerel fishery; conceiving that fish 
to be the most staple commodity of the country. Few who have not investigated the subject 
have at the present day an adequate conception of the importance of this branch of productive 
industry.”* 
1670.—Prohibition of early mackerel fishing by laws of Plymouth Colony.— Wheras wee haue 
formerly seen Great Inconvenience of taking mackerell att vnseasonable times wherby there 
encrease is greatly deminished and that it hath bine proposed to the Court of the Massachusetts 
that some course might be taken for preventing the same and that they have lately drawne vp an 
order about the same this Court doth enacte and order that henceforth noe makerell shalbe caught 
except for spending while fresh before the first of July Annually on penaltie of the losse of the 
same the one halfe to the Informer and the other halfe to the vse of the Collonie; and this order 
to take place from the 20th of this Instant June.”t . 
1684.—Prohibition of mackerel seining—“In 1680, Cornet Robert Stetson, of Scituate, and 
Nathaniel Thomas, of Marshtield, hired the Cape fishery for bass and mackerel. In 1684, the 
court enacted a law ‘prohibiting the seining of mackerel in any part of the colony’; and the same 
year leased the Cape fishery for bass and mackerel to Mr. William Clark for seven years, at £30 
per annum. 
“Subsequently to 1700 it is certain that the mackerel were very abundant in Massachusetts 
Bay. It was not uncommon for a vessel to take a thousand barrels in a season. The packing, as 
it is called, was chiefly done at Boston and Plymouth.”{ 
1692.—Repeal of prohibitory laws in Massachusetts.“ And be it further enacted and declared, 
That the clause in the act, entituled ‘An Act for the Regulating and Encouragement of Fishery’, 
that henceforth no mackeril shall be caught (except for spending whilst fresh), before the first of 
July annually, be and hereby is fully repealed and made void, anything therein to the contrary 
notwithstanding. [Passed February 8, 1692~3.]"§ 
1692.—AN ACT for the rggulating and encouragement of fishery. 
“Upon consideration of great damage and scandal, that hath happened upon the account of 
pickled fish, although afterwards dried and hardly discoverable, to the great loss of many, and 
also an ill reputation on this province, and the fishery of it— 
“ Be it therefore enacted by the Governor, Council and Representatives, convened in General Oourt or 
Assembly, and it is enacted,by the authority of the same, 
“[Sror. 1.] That no person or persons whatsoever, after the publication hereof, shall save or 
* Freeman’s Hist. of Cape Cod, Boston, 1862, vol. i, p. 239. 
+ Plymouth Colony Records, vol. xi, 1623-1682 Laws, p. 228. 
} Deane’s History of Scituate, Mass. 
§ Acts and Resolves of the Province of Massachusetts Bay, vol. i, 1692-1714, p. 102. 
