REPORT OF COMMISSIONER OF FISH AND FISHERIES. XXXV 



passage by the United States of a law absolutely prohibiting, until 

 further notice, the erection of fixed apparatus for taking fish, after a 

 period of' one or two years, on the south side of New England and on 

 the shores of Long Island, which constitute the spawning-grounds of 

 the shore-fishes referred to. Although this would be a serious blow to 

 the pound and trap interest, yet the grace allowed would permit the 

 owners to use up their material in the way of nets, and render the en- 

 forcement of the law less onerous. The restoration of the fish to their 

 original abundance would be thus accomplished in a much less time 

 than by any merely palliative measures ; and there is no reason to an- 

 ticipate that there would be, in the mean time, any material decrease in 

 the supply, or any rise in the price of fish to the consumer. There would 

 still be open to the fishermen the use of seines, gill nets, &c, which 

 would capture fish in large quantity without overstocking the market ; 

 and the inducement to the use of the hook and line would furnish em- 

 ployment to large numbers of persons now needing it, while the markets 

 would be more regularly and equally supplied. The wholesale cost of 

 fish would probably be somewhat increased, but the competition being 

 distributed among a large number of persons would prevent an exces- 

 sive charge by the retail dealers ; and the only difference would be that 

 a few men would not make large fortunes in a short time, as they are: 

 now in the way of doing. 



The erection of fixed apparatus requires a considerable amount of 

 time, generally several days, and, once set, its presence along the coast 

 could readily be determined by an occasional patrol by vessels of the 

 Eevenue Department, any violation of the law to be met by confiscation 

 of all apparatus, including nets, piles, boats, &c. It would therefore be 

 comparatively easy to prevent, at little or no expense to the Government, 

 the infringement of the law of absolute prohibition, while it would 

 be impossible to exercise a sufficient oversight as to the violation of the 

 regulation in regard to close time, this requiring a multiplication of 

 officers to be had only from among the regular authorities of the States 

 themselves. 



As already explained, the suggestions' and reasonings here are re- 

 stricted exclusively to the capture of fish by means of fixed apparatus 

 in the waters on the south side of New England. Whether it is ex- 

 pedient to enact regulations in reference to taking menhaden and other 

 fish in the waters of Long Island Sound, and elsewhere, by means of 

 nets, or of herring, &c, on the eastern coast of New England, I hope 

 to make the subject of a subsequent inquiry and report. 



A potent objection to the abolitiou of pounds is the service they 

 render during the spring in procuring bait (alewives, herring, mahaden, 

 &c.) for mackerel-fishing. I am assured, however, that this can be 

 done to a sufficient extent by seines or gill-nets, especially since the dis- 

 covery that the true herring can be taken in the coast of Maine and in 

 the Bay of Fundy in the spring, apparently to an unlimited extent. If, 



