



282 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



there is invariably a considerable number of spoiled fish at each lift ^ 

 not infrequently when a storm or blow occurs and the lifting is delayed 

 a day or two, more than half of the fish are found to be rotten and are 

 stripped out and thrown back into the lake. 



As late as October 10, and during fair weather, Mr. Bower saw more 

 than fifty whitefish thrown into the offal barrels by tbe dressers at the 

 fish-house out of a single boat-load, and he states " there is no telling 

 how many the fishermen had thrown out when lifting." 



Besides the fish which are thrown away, large numbers that are 

 "doubtful" are brought ashore and placed upon the market, usually in 

 a salted state. Very many of the whitefish are punctured in the side to 

 allow the gas to escape. 



Success of artificial propagation in maintaining fish-supply. — The pol- 

 lution of the water by decaying fish has nearly spoiled some of the best 

 gill-net fishing grounds, so that boats are now obliged to run out much 

 farther than formerly. Notwithstanding these facts, whitefish seem to 

 be increasing in numbers in the waters tributary to Erie, and the fisher- 

 men are unanimous in their opinion that the increase is due to artificial 

 propagation, in which they manifest great interest. A new hatchery 

 for whitefish propagation had just been built in 1885, but doubt was 

 expressed as to whether it could be filled with eggs from this section 

 except by penning the fish, a plan said to be entirely feasible, owing 

 to the adaptation of Erie Bay to this purpose and the proximity of the 

 pound-nets from which the living fish can be obtained. There is a 

 small spawning reef for whitefish off Elk Creek, where a few ripe fish 

 are caught in November, but not enough to supply sufficient eggs for the 

 purpose in question, as the November run in this vicinity is not large. 



Pound-net fishery. — The first pound-net was set in 1874. The gill- 

 net fishermen were very much opposed to this form of apparatus, and 

 through their influence a law was enacted in the Pennsylvania legis- 

 lature prohibiting all kinds of net fishing in waters within the jurisdic- 

 tion of the state, with certain exceptions, Lake Erie not being excepted. 

 The limit of the state's jurisdiction over the waters of Lake Erie not 

 being defined the gill-net faction held, by the advice of counsel, that it 

 extended only a marine league from the shore. Such an interpretation 

 of the statute effectually excluded the use of pound-nets, on account of 

 the depth of the water beyond this limit, but had no effect upon the 

 gill-netting, the grounds for which are outside the 3-mile line. Pound- 

 netting was therefore discontinued from 1876 to 1884. In the latter 

 year a prominent fishing firm who were in favor of pound-nets decided 

 to test the matter of jurisdiction. They accordingly set a number o 

 pound-nets, and were promptly brought before the local court and con- 

 victed. The case was then carried to the supreme court of the state, 

 which decided that the law was constitutional, but held that the state's 

 jurisdiction over the fishing interests of Lake Erie extended to the 

 center of the lake. According to this interpretation the gill-net fishing 



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