OF MASSACHUSETTS. 131 



In 1886 an act was passed which was designed to do away with all 

 possible outside monopoly. The danger of organized capital acquiring 

 control of a large tract and excluding small individual planters had 

 become apparent, and this means was taken to guard against it. The 

 act prohibited the transfer of grants in any township to any person 

 not a citizen of that township ; thus, if any monopoly did exist it would 

 be .restricted to only one township. The limits during which fishing 

 on grants might be carried on was lengthened two hours, so that it read 

 from " one hour before sunrise to one hour after sunset." 



In 1892 the town of Yarmouth obtained a law requiring a permit 

 for citizens to take oysters from native beds, not exceeding 2 bushels 

 per week, from September 1 to June 1. This is now the only town in 

 the Commonwealth to require such a permit from citizens. 



In 1895 legislation was passed relative to the proper definition of 

 the boundaries of grants. This was rendered necessary because of the 

 haphazard methods hitherto pursued in giving grants with very in- 

 definite boundaries. Mean low-water mark was fixed as the shoreward 

 boundary of grants, while mean high-water mark was defined as the 

 limit to which shells might be placed to catch the set. This, however, 

 was dependent upon the owners of the adjacent property, and their 

 consent was held necessary before this territory between high and low 

 water could thus be utilized. 



In 1901 special legislation was passed, restricting the catching of 

 oysters in contaminated waters except for bait. 



In 1904 authority was granted to proper officials to develop the 

 oyster industry by planting shellfish, or by close season. 



In 1905 the Fish and Game Commission was authorized to expend 

 a sum not exceeding $500 per annum for the investigation of the oyster, 

 by experiment or otherwise, with a view to developing the industry. 



The development of the oyster laws has been by a process of evolu- 

 tion. They have kept pace with the growth of the industry, and have 

 been in fact the logical outcome of that expansion. The various acts 

 which go to make up the bulk of this legislation have been passed from 

 time to time to fill the immediate demands of the hour, and consequently 

 lack that unity and consistency which might otherwise characterize 

 them. Changing conditions have called for alterations in the legal 

 machinery, as the industry has expanded, to meet new requirements. 

 These additions have frequently been dictated by shortsighted policy, 

 and the Commonwealth as a whole has often been lost sight of in the 

 welfare of the community. 



Of all the shellfisheries, the oyster industry is most hampered by 

 unwise legislation. It is the most difficult to handle, because it presents 

 many perplexing phases from which the others are free. Clams, qua- 

 haugs and scallops flourish in their respective territories, and legisla- 

 tion merely tends to regulate their exploitation or marketing. With the 

 oyster, however, other problems have arisen. The areas in the State 



