6o REPORT OF THE FOREST, FISH AND GAME COMMISSION. 



Planters are now giving attention to raising clams for market, and many acres of 

 land under water are now being devoted to their cultivation. 



For years past the markets have shown a growing scarcity of lobsters, and the 

 State has endeavored to increase the supply by undertaking the propagation and 

 distribution in waters adjacent to Long Island of this valued shellfish. 



During eight years the hatchery at Cold Spring Harbor has been engaged in this 

 work, and for the year now closed 2,400,000 young lobsters have been planted in 

 Long Island Sound from eggs hatched at Cold Spring, being 375,000 more than 

 were planted during the preceding year. 



Perhaps the best lobster grounds in the State are those located southwest of 

 Fisher's Island, in what is known as " The Race." During the recent season for 

 taking lobsters it was discovered by Mr. John E. Overton, State Oyster Protector, 

 that these lobster fisheries were being worked almost exclusively by fishermen from 

 the adjoining State of Connecticut, notwithstanding that section 128 of the Forest, 

 Fish and Game Law provides that " no person who has not been an actual resident 

 of this State for six months shall take shellfish in the waters of this State, except in 

 the capacity of employee of a person entitled to take the same." These fishermen 

 were, therefore, warned that should they continue to take lobsters in " The Race," it 

 would become necessary to enforce the law controlling the matter. Upon finding 

 that they still persisted in taking lobsters in those waters, several cases were prose- 

 cuted and convictions obtained under the law above quoted. An appeal was, how- 

 ever, taken in one of these cases, it being alleged on behalf of the defendant that 

 the fishermen from the village in Connecticut where these defendants reside have 

 from time immemorial fished in these waters as a means of making their livelihood, 

 and have gained by prescription a right to fish therein. 



This issue is now pending for judicial determination. It is claimed for the 

 residents of the Connecticut village in question that their fishermen have been put 

 to a loss of between twelve and fifteen thousand dollars by reason of the enforce- 

 ment of the law above quoted. It may be added in this connection that the State 

 of Connecticut has enacted similar laws, limiting the right to take shellfish in the 

 open waters of Connecticut to residents of that State, and that these laws have been 

 there enforced. It is possible that some legislation of a reciprocal character may 

 be enacted by the Legislatures of the two States which, in its operation, may be 

 beneficial to the citizens of both States. 



Respectfully submitted, 



B. FRANK WOOD, 



Shellfish CoiHinissioner. 



