94 EIGHTH REPORT OF THE 



Lobster Fisheries Dispate. 



There has been no material change since my last annual report in the position 

 of the residents of the village of Noank in the State of Connecticut, who claim the 

 right to fish for lobsters in the waters of "The Race" in this State. Perhaps 

 the following correspondence between the Superintendent of Shellfisheries and the 

 Attorney-General of the State of Connecticut will make clear the present status 

 of the matter : 



Office Superintendent of Shellfisheries, 

 No. i Madison Avenue. 



New York, July 28, 1902. 

 Hon. Charles Phelps, Attorney-General, Hartford, Conn.: 



Dear Sir. — About two years have passed since the case of the People vs. 

 Morgan was instituted. At that time it was claimed upon the part of the Noank 

 lobster fishermen that they possessed a prescriptive right to fish for lobsters in 

 the waters of "The Race," southwest of Fisher's Island, in this State. This 

 right has not been established, though from time to time it has been said that 

 the Connecticut fishermen would institute proceedings to test the question. The 

 only proposals looking to a solution of the matter have proceeded from this 

 Commission, which, in the fall of 1900, in a spirit of heartiest amity, suggested 

 reciprocal legislation upon the part of the Legislatures of the two States, which 

 suggestion was embodied in a recommendation to the New York Legislature 

 of 1901. 



Mr. David Welch, who at that time represented the Noank people as their 

 attorney, undertook to draft a proposed law for adoption in both States, which 

 this Commission promised to recommend for enactment in the State of New York. 

 Upon consulting with his clients, Mr. Welch gave up the idea of reciprocity, and 

 reported that the passage of such an act by the Legislature of Connecticut 

 at that time would be "an utter impossibility." It does not appear that the 

 question is any nearer being solved than at the beginning. 



There is nothing pending upon which this Department can act, and as numerous 

 complaints are made that our shellfish non-resident law is not properly and 

 equally enforced, we cannot with fairness ask our protectors to overlook violations. 



I beg to assure you of our most friendly disposition and entire readiness to 

 take up any promising measure which you may propose, and which will involve 

 not merely inaction by this Department in the execution of the law. 



Appreciating your many courtesies, I am, with kind regards, yours respectfully, 



B. Frank Wood, 



Superintendent of Shellfisheries. 



