REPORT OF COMMISSIONER OF FISH AND FISHERIES. XI 



mitting, however, that the use of nets of certain kinds has done a great 

 part, or even the whole, of the mischief complained of, it was a matter 

 worthy of serious inquiry whether so positive a measure as absolute 

 prohibition was expedient or necessary, and whether by limiting the 

 time during which the use of nets is allowed, the interests of both 

 parties may not be reconciled, by giving to the fish the opportunity of 

 spawning undisturbed, and also by regulating the size of the mesh, so as 

 to catch only the oldest and largest fish. All this, however, was only to 

 be ascertained by a careful study of the habits of the fish, so as to de- 

 termine the nature of their food, the growth of their spawn, and other 

 circumstances bearing upon the solution of the problem in question. 



The following bill for this purpose was therefore introduced into the 

 House of Representatives by the Hon. H. L. Dawes, and became a law on 

 the 9th of February, 1871 : 



[Resolution oe general nature — No. 8.] 



JOINT RESOLUTION for the protection and preservation of the food-fishes of the 



coast of the United States. 



Whereas it is asserted that the most valuable food-fishes of the coast and the lakes 

 of the United States are rapidly diminishing in number, to the public iujury, and so as 

 materially to affect the interests of trade and commerce : Therefore, 



Be it resolved by the Senate and House of Representatives of the United States of America 

 in Congress assembled, That the President be, and he hereby is, authorized and required 

 to appoint, by and with the advice and consent of the Seuate, from among the civil 

 officers or employds of the Government, one person of proved scientific and practical 

 acquaintance with the fishes of the coast, to be commissioner of fish and fisheries, to 

 serve without additional salary. 



Sec. 2. And be it further resolved, That it shall be the duty of said commissioner to 

 prosecute investigations and inquiries on the subject, with the view of ascertaining 

 whether any and what diminution in the number of the food-fishes of the coast and 

 the lakes of the United States has taken place ; and, if so, to what causes the same is 

 due ; and also whether any and what protective, prohibitory, or precautionary meas- 

 ures should be adopted in the premises ; and to report upon the same to Congress. 



Sec. 3. And be it further resolved, That the heads of the Executive Departments be, 

 and they are hereby, directed to cause to be rendered all necessary and practicable aid 

 to the said commissioner in the prosecution of the investigations and inquiries afore- 

 said. 



Sec. 4. And be it further resolved, That it shall be lawful for said commissioner to 

 take, or cause to be taken, at all times, in the waters of the sea-coast of the United 

 States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or 

 specimens thereof as may in his judgment, from time to time, be needful or proper for 

 the conduct of his duties as aforesaid, any law, custom, or usage of any State to the 

 contrary notwithstanding. 



Approved February 9, 1871. 



As passed, the resolution provided for the extension of the inquiry to 

 the lakes, at the instance of some of the western members, who desired 

 that the subject of the diminution in the supply of white-fish and other 

 species in the western waters should be investigated. 



To carry out the provisions of the law, an appropriation was made by 

 Congress to meet the necessary expenses of the investigation, and the 



