112 



FOKEST AND STREAM. 



[Maboh 10, 1881 



constitutional one, which I am not competent, to decide. The only 

 power to determine this in the .Supreme Court of the United 

 States : and it will demand a case to be made up and brought be- 

 fore the court in Order to have it decided. So lar aH the interna- 

 tional fisheries aie concerned the United Slates hap the power, but 

 I doubt very inui'.u whether, oven should the Constitution warrant 

 it. Congress would take the responsibility of legislating in regard 

 DO ho'mffiuterept«. I do not nee wliv state legislation cannot be 

 made- efficient. I think that the provisions of the law that. 1 mi;:- 

 goat in my first report for the regulation of traps nnd pounds, 

 more particularly in New Kuglnnd, could he made serviceable 

 under other circumstances The State should first declare its 

 juiiadietion over the localities where the pounds or gill-hots are 

 located and grant a license to the occupant for the time to prose- 

 cute the fisheries, conditional upon obeying the laws on the sub- 

 ject. Let one of tho penalties, of the law be the forfeiture of 

 the right, and the giving of it to the. person who furnishes in- 

 foiijii.liui of the violation. This, with a line and confiscation 

 of the property, will be sufficiently severe for the purpoao 

 and one that would induce all kind ol people to be on the 

 lookout fur a chance to report to the authorities. Should any 

 one be aggrieved by such action and carry the easeto the Supreme 

 Court of the United States, we shall theu have the desired 

 opportunity of settling the question. Yours truly. 



S. F. Baihd." 



I desire further to read from the report of the United StateB 

 Fish Commissioner for the years 1871 and 1872, as follows : 



• lo vicv of all these considerations, I have drafted a bill, which 

 has been presented to the consideration of the commissioners of 

 several States, and to several eminent lawyers, wall versed in the 

 local laws of then- respective States and collected to their satis- 

 faction. A copy of this bill, as tinallv modified, is given on nace 

 132. I sincerely trust that this, or a" somewhat similar bill, may 

 become a law in the State* of Khod< Island. Massachusetts, Con- 

 necticut and New York, as 1 am satisiied it would be for tin ir 

 benefit. Although there may be no serious question as to the 

 right of the genera! government to make e.naetmenla in regard to 

 the common waters of the United States, n is possible that any at- 

 tempt on its part, at the present tone, to pass tins law would meet 

 with considerable opposition : and it would la- . Uiemelv difficult 

 for the United State to euloi, -. auj -; - ...! i e.piircineut orpenalty 

 connected 'with a close Beason. 



"The plan of licensing the pounds, so as to give the State more 

 efficient control, is considered one of great importance and Will, 

 ] believe, be acceptable to the owners of these establishments, as 

 it would givo them a security against interference from other par- 

 ties that they do not at present possess. 



"The penalty attached to fishing without a license, and the 

 abililv of a State the more readily to punish an offender bj de) liv- 

 ing him of bis permission to fish, will render parties careful how 

 they offend ; and by giving to the informer, in consequence of 

 whose complaint the license is withdraw n, the first choice of taking 

 the station forfeited, an intense vigilance will be induced on the 

 part of those who may desiro to secure a favorite location and 

 thus supersede the necessity of an expensive surveillance on the 

 part of the State. 



" In the event, however, of the refusal of the States mentioned 

 to establish tin- very limited close time sugge-pd, I would 

 recommend the passage by the United States of a law," etc.. etc 



And again from the same authority, report of 1^77, as follows : 



"A very large part of tin irospomlciice of the commission is, 



connected with inquiries relating to the jurisdiction or the United 

 8tatesaudof the States over the ashing grounds, and tho methods 

 bv which all parties can secure their rights. * * * 



assesses jurisdiction over the flsh- 



the 



-in.ii 



rrtha 



asent, the United States does 

 not exercise any, i.ut leaves to the state- the enactment of laws 

 on the subject. Some fishermen, aggrieve.) by the burden of 

 State legislation, threaten to appeal to the Supreme Court r,,r the 

 decision of the question ; and it is much to be hoped that before 

 loug a tost case may be established, so that persons interested may 

 know whether to appeal tor protection and relief to the States, or 

 to the general government. * * * * * 



'■Of course, so far as the setting of traps or pounds obstructs 

 navigation, it is clear that the authorities of the United States 

 have power to remove these or to require them to be removed 

 under severe penalties ; but so far no special question 1 : - ' . . :i 

 made as to fishing whero the interests of navigation are not con- 

 cerned. 



"Legislation in tho United States is being continually invoked 

 for the removal of fish pounds and weirs, and in certain areas at 

 the head of buzzard's Bay and about Long Island protection has 

 ben. granted by the State Legislatures 



'• Dining the slimmer of 1877 an earnest appeal for the protec- 

 tion or the Uui ted States was received by tho United Statx 8 Corn- 

 from Block Island, signed by ail its fishermen, and 1 ie- 

 produce this appeal in the appendix to show the feeling on this 

 subject and the general character of the objections to the 

 trawling. Of course, having no jurisdiction in such matters, I 

 can do uo more than to publish it in tho present case I propose, 

 in a general treatise on the plans and character of the American 

 sea fisheries, to discuss thia whole matter at length." 



And the following, from the second report of the Iowa Fish 

 Commission, will be of interest in this connection : 



•• At a meetiug of some of the Western Fish Commissioners in 

 1«78 the question of protective fish laws for our great Western 

 rivers aud lakeo was under discussion, and I requested Professor 

 .1. W. Milner, deputy United States Commissioner ("who was pres- 

 ent) to make some examination of tho subject, and report to mo 

 h - v :•■ re of the constitutionality and expediency of the general 

 government taking and exercising control of such waters as were 

 common to several States After considering tho matter at some 

 length, he summarizes as follows ; 



" Tho point to be decided is in which must a law controlling the 

 Mississippi fall. It it is to be decided by precedent and the whole 

 previous history of lishiug legislation ft will find its place with 

 internal police laws ; but, as Mr. Faicbauk suggested iu our con- 

 ference the other day. the work of artificial propagation is a new 

 interest, developing new exigencies, and requiring new legislation. 

 So far as tho interior punds and waters are concerned, containing 

 local species, the States must, without doubt, have entire control ; 

 butiu a great stream of water like the Mississippi, and in the 

 great lakes flowing through a dozen States, aud containing mi- 

 gratory fishes, passing the entire length of the shore of all of 

 them, State laws are necessarily inadequate, as B&periehne proves 

 that little of equity' or reciprocity will be considered m legislating 

 with regard to the fishing interest. The. upper Slates may appro- 

 priate and expend money for the progagation of lish. s which the 

 owe* Slates have it in their powor to prevent almost entirely from 

 ascending beyond their boundaries 



"Tho desire for general government legislation has been so 

 generally expressed that it would bo well if the State Legislatures 

 would oail the attention of Congress to the matter. The whole 

 question is in an undecided, little understood condition, and de- 

 luands investigation and inquiry on the part of all interested. 



" Yours tndy, .1. W. Mil.nk.iv/' 



Professor Baird says in his communication : " Tho State should 

 first declare its jurisdiction over the localities where the pounds 

 or gUl-nets are located," etc., and farther on be says : "Should 

 any one be aggrieved by such action and carry the case to the Su- 

 preme Court of the United StateB we shall then have the de- 

 sired opportunity of settling the question." 



TniB State has declared its jurisdiction by passing laws affecting 

 the fishing interests of Lake. St. Clair, the Detroit River, and Lake 

 Erie i but as those laws are seldom, if ever, enforced, no one is 

 aggrieved, and under these circumstances there is uo probability of 

 a oase ever reaching the Supreme Court of the Uui ted States. 



Nevertheless, as before stated, such laws exist, and I think a 

 test case should be made up and carried to the highest tribunal 

 in the land, for the sole purpose of settling the question for- 



Posbj bly, if some of the existing laws were enforced to the let- 

 ter, a oase might soon arise that would decide the question. 



If the Supreme Court of the United States declares that the 

 existing laws are valid, then wo may press upon the Legislature, 

 if desirable, such measures as mav be. necessary to secure the 

 enforcement of these laws : and wo may also secure the enact- 

 ment or such additional laws a» the exigencies of the case may 

 demand. 



flirt of the United Suites decides that th. 



s.lictii 





. thei 



i app. 



. 10 



tin.- jurisdiction w; 

 proach Congress w 

 tidont that they w. 

 the enactment, of n 



ght ho 



that our eirorts will 

 with a decision hom the Supremo Court tnaJ 



vested in the general government we can ap- 

 h a statement of the existing evils, feeling cou- 

 ld enact, and not only enact but provide for 

 h law.- as would tend to mitigate or neutralize 

 special act of Congress, the undisputed jiu i-- 

 nioii waters, with regard to the lish iutereste, 

 pouthi 



I will now notice some of the methods that have been suggested 

 for restoring devastated fishing grounds to their former fertility, 

 as well as increasing the genera! supply of lish food. 



Some favor prohibition of fishing at certain seasons of the year, 

 notably tho spawning season. Others again favor unlimited prop- 

 agation. Still others favor a combination or co-operation of pro- 

 tection aud propagation, while a fourth class are of the opinion 

 that the whole matter can be adjusted by regulating tho size of 

 the mesh so as to catch nothing but mature fish. 



Other remedies have been offered, but these include the more 

 important ones. 



I will read a communication from a pound-net fisherman whose 

 views coincide to some extent with those entertained by myself. 



The following letter was read at. the meetiug of the American 

 Fish Cidtural Association, at New York, 1880 : 



Sandusky, March 25, 1880. 

 Mr Boosr.vKL-r, President, and members of the Fiahcidtural 

 Association— Gentlemen : As business compels me to stay here, 

 and I therefore, am not able to be present at the meeting ol the 

 Association, I take the liberty to propose the following m regard 

 to pound-net fishing 



1. Found-net fishing ought to be regulated by Congress as it is 



2. The meshes of pound-nets should be onlarged to protect the 

 and uugrowu lish by giving them a. ohauce to slip through 



nine of between five aud 

 irlain ground to lish on, 



e than six (6.) pound- 

 x (til pound-nets 



the 

 S. Every pound-net should pay a rev< 



ten dollars, ami receive, license and a ci 

 which will prevent crowding each other. 



4. One person shall not get license for 



nets. 



5. It shall uot bo allowed to fish more than 

 on one string. 



(i. Inspectors should be appointed for Bach of the large lakes to 

 enforce the above, license the nets, aud make out tho grounds for 



7. The inspector should be paid ont of the above-mentioned 

 revenue. 



H. For the balance of 1 he revouue, hatcheries for all kinds of 

 fish should be opened all along (lie four large, lakes. 



Now, gentlemen, these propositions I make on a very careful 

 study of tho pound-nut question, and I therefore respect I'uhv ask 

 you to consider the matiei and take the necessary steps in regard 

 to it, and 1 am convinced it will, il well managed, turn out 

 piolitabie for everybody. Very respectfully yours, 



Tuic... Ki.iNKi kl, Foimd-net fisher. 



I take the ground that the responsibility of maintaining and in- 

 creasing the supply of the food-tishea' shoidd rest primarily 

 with that class which derives the greatest benefit therefrom, 

 naii.eiv. the usherni.-.u. Iliev alone are responsible tor-the de- 

 crease"; their occupation of necessity is the cause of the depiction 

 of tho waters. 



Self-interest in thia mutter would, it would secin, regulate the 

 evil if each individual could get the. beuelit of his own exertions. 

 But A does not care 10 plant fry or fertilize spawn at his Own ex- 

 peuso, which when mature, mav be caught in B's meshes : but if 

 B would reciprocate by planting fry to bo caught in A's meshes, 

 then, as a matter of course, self-interest would prompt both A aud 

 H to engage in propagation, which would be mutually beneficial. 

 But with a thousand As and a thousand B's this eonitnou agree- 

 ment cannot be made ; aud here is where a law compelling each 

 one to contribute his part to the common whole, would be as bene- 

 ficial as it is just And I will state right here that I have taken 

 pains to ascertain the vu ws of fishermen, including both pound 

 aud gdl-uttters in this respect, and I Hud a great majority are per- 

 teetly willing to aid in propagation, provided each man is com- 

 pelled, by law, to contribute Ins pro rata. But 1 havo yet to find 

 a single member of the fishing fraternity who does not strenuously 

 object to the close seasvm plan. 



The States bordering on the groat lakes are, by then- geographi- 

 cal position, enabled to derive greater benefit liom the fish- 

 ing interests therein than those more remotely situated, and 

 should, therefore, render such assistance in the way of propaga- 

 tion as the importance ol the case will warrant; and as the 

 question of an abundant supply of tish food is one of national im- 

 portance the general goveinni.-ul should also aid in the com- 

 mendable work. 



But as beforo stated, this State and national support cannot be 

 made obligatory, neither should it be. They have done their 

 wbolo duty in the matter. Thev have taken the initial steps . they 

 alone have'eome to the rescue of this declining industry ; and though 

 we cannot relv upon then aid indefinitely, yel in all probability 

 their support will not lie withdrawn until the waters are restored 

 to their former fniitl'iihiess, and the industry is ai.lc. lo carry us 

 own burden. I think uo fears need be entertained that they vvdl 

 not continue to du their whole duty in this res, eel. 



Now. let those more directly iutorcHtod " put their shoulder to 

 tbo wheel," and give the whole movement but* an impetus that it 

 will never again experience a decline. Nor should these, efforts 

 be relaxed until the water- of the great lakes are taxed to their 

 utmost capacity, inul the supply of tish food rendered almost in- 



cut I 



Bug 



stos 



i of the points to bo om- 

 uon, tend to bring about 



But I will bo moro 

 bodied in a law which 

 the desired results 



I would have the fishing grounds of each fisherman clearly de- 

 fined, and protect each man, within his own territory, from the 

 l.iiinig. incuts of others. 



I would allow each rnau to catch the fisji within his proscribed 

 limits, at any or all soaeoua of the year, and. by whatever process 

 be might elect, to secure for himself the greatest possible reve- 



Butin consideration of this protection of the one from interfer- 

 ing with the other, and of this non-interference at their most 

 profitable season, namely, the spawning season, 1 would levy an 

 annual tax or license-fee on each pound, aud ou each fathom of 

 gill or seine nets in use. 



I would use the net proceeds: of this annual tax exclusively for 

 the propagation of the most valuable food hr.U>^. 



I would havo the fishermen render all possible assistance, that 

 would not inter! ere with the prosecution of their work, to the 

 properly authorized persons iu the collection of spawn. 



The amount of the tax, aud an equitable arraugomeut as to 

 priority of claim to certain localities, could be easily adjusted so as 

 to give satisfaction to all parties interested. 



The license giveu to each man should prescribe the limits of 

 his territory, and state the penalty for the violation of its pro- 



The penalty suggested in Prof. I oird'a communication would 

 be, I think, sul'licioully severe to secure the observance of any or 

 all of the measures i have suggested. 



I will quote entire as follows : 



'• Let one of the penalties of the law be the forfeiture of the 

 right and the giving of it to the person who furnishes the infor- 

 mation of the violation. Tins, with a fine and confiscation of the 



property, will be sufficiently sovere for the piu'poso and one that 

 would induce all kinds of people to be on the lookout for a chauco 

 to report to tbo authorities." 

 In conclusion. I will sav that I have weighed this matter 



fully, and although 

 the measures suggested" 

 t good lo the greatest 



The 

 or thei 



ecompliahed — which 

 -iau is adopted ; while th 

 .utions of the State and 

 Tease the supply or th, 

 vortioi 



.y be open to criticism, I think 

 ill, on the whole, accomplish tho great- 

 uimber. 

 ■vill willingly submit to compulsory propagation 

 letit, and Dins the reconciliation of this olaRS is 

 •ouldnot be the case if the olosc-sqason 

 v-ruud. augmented by the contri- 

 latioii, will be abundantly ample to in- 

 valuable food to almost unlimited pro- 



Thus it will be seen that my views as to what should be in- 

 corporated in " Fish-laws, including propagation as well as pro- 

 ti elion." may be summarized ill one brief druse, viz., Protec- 

 tion for tho fishermen and propagation for the fish. 



FRANK N. Ct.AKK. 



FECUNDITY OF ALEWIYES. 



ii r. 



, PomoloUut pxewloharengrts, common to Mai no, 

 light have been well termed the farmers' fish a half century 

 ago. Then all of our livers were annually thronged vvitn countless 

 multitudes of these lish. and to this assembling of the multitudes 

 came tbo farmers from tho interior to join those residing at the 

 banks of the streams in hat ve-ting the bounteous yield that nature 

 afforded. Although many fish were cured and preserved for food 

 yet great numbers were taken and thrown upon tho fields as ferti- 

 lizers, so greatly did the supply exceed the home demand. 



Foreign markets were not fought nor considered accessible, and 

 tons of a certain supply of food that had grown without aid from 

 man were thrown upon the land simply to aid in producing after an 

 expenditure of time and labor an uncertain crop. 



lint little care was given to tho cultivation or protection of na- 

 ture's supplies in times of such abimdance, and "tish farming, ' or 

 raising fish for markets in other communities, turiuduntry now well 

 established on Long Island, New York and elsewhere in the United 

 States would have beeu regarded as a visionary scheme. 



During the spring of 1880 while in porforinauce of duties as a 

 Commissioner of Fisheries in planting one of the great fish farms 

 ol Maine, Scbago Lake, with alowives. the writer was asked many 

 tpiestious about these fish then for the first time introduced to the 

 above-named lake and its connecting waters. 



1 had no accurate data relating to tho fecundity of the alewife, 

 except such as was obtained by comparison with the shad and her- 

 ring fishes closely allied to them, and failing to find anything Sat- 

 isfactory iu books of reference accessible to me I applied' to the tish 

 itself for the- desired information. 



The following brief summary of the result of my interviews may 



be Of possible interest to oil,,., s : 



Tho tish 



i examined were some of the vari. 



us lots taken in Fore 



irtland, at the outlet of the old ci 



i.i.I ■•l;ss'u,"Mav 28 



2, 1880. Selecting some of the lar 



.-I. lb. smallestaiid 



lzes. I weighed the fish and their 



a while fresh, Then 



a rated them, 



and divided 



int.. portions of 



thirty millegrammes 



e-acjb. Carel 



illy counting. 1 



J aid of a magnifying glass, the eggs in 



each portion, 



1 learned the 



total number of 



eggs in each fish. A 



comparison c 



1' 1 he ovaries 



showed I hat in 



11 thorighl ovary was 



linger than 1 



ie ii.t! This 



variati-.n i- yon 



marked in most cases 



and readily n 



oliceablo to th 



•■ eye before com 



.iirisuii by weight. 







in is copied Iron 



my uoies and corrcs- 



ponds to the 



notes taken of 



ithcr fisli. Son 



1 of" tbeBe fish were of 



very large siv 



e : 







"Fish No. 



1 — Large: fres 



i weight 11 oz. a\ 



oldnpois; right ovary, 



fresh weight 



1 oz. ; left ov; 



rv. fresh weight, 



.75 oz. tt eicht of ail 



ova i . ../. 



16 por cent. 



of total weight of fish. Fish No. 1. 



dried ova, ID 



.'i grammes ; a 



verago onmber iu 



on. ,;i annuo, 11.783.8 



-Total ova i 



i Fish No. 1, 1 



!0,28i. No. !,:.! 



11-oz. fish, contained 



about Lff,389 



Igga per oz. ol 



total weight Di 



•. 1. a D'.oz. fish, cou- 



taincil about 



18.736 eggs pet 



oz. of total wej. 



nt." 



Mv iovestt£ 



ations have no 



t been carried on 



t upon so extensive a 



scale .Is 1 vv. .111,1 hi,-., but ttei 



o very carefully n 



ladejandnpoutheinl 



estimated tha 



t the average t 





trried by the atewives 



In 



ed was 150, 



.ml "the 



1 to Sebago hake and 

 ■ pine a gn at deal of 



t.ation, and I tried to 

 r-.. h.-t. Do -lum- 



ps with a 

 placed 631 lish alive thei 

 air ami constant attend! 

 ascertain whether salt oi 

 2 live barrels of salt 

 fresh water, 21 gallons in each barrel, were taken, with a supply of 

 ice for use en route. We started with 148 fish and lost but two of 

 the number, so that no prefereuce could be had for either salt or 

 fresh water by this comparison. Estimating one-half of those 621 

 alowives to be females, the total number of eggs carried would be 

 aboul lU.o'Ki.OOO. If but ten per cent, of this number were hatched 

 tin. n turns vvil! be bounteous enough 



Whal a Held lor lish culture tic al. wile affords ! This fish, 

 although anadromous, will live if confined in fresh water throuyh- 



nt the 



1 fe- 



nd I ha> 



., lb, 



!llli 



lids 



vill hn 



of this lish, 



nfiuemont. 

 wives, first return 

 ug hatched. Mv 



o.l fo 



u to its 



e fills a verv important place in tho 

 It attracts to our bays and rivers the larger 



streams and hikes'. And by affording the 

 lakes the salmon, trout, bass and other lisl 

 be increased in numbers proportionate to th. 



food supplied them, and the Baiting 

 improved by attracting inshore tho se 

 bass, cod, etc. 

 Portland, Main*. 



i the 

 fishe 



REPORT OF THE WISCONSIN COMMISSION. 



nual roport of the the commission, for the \ 



r pHEse 



- 1 1880 



ellth 

 opei 



tion 



■ 1 bl 





.i.IlK 



; wl 



lie lb 



up ti 



the 





oi 6 



Ii (ii 



fill, 



fron 



the 



llbol. 



upoi 







appi 



tee;: 







, :..v 





statement that 



"th 



;h 



it -h : 



b bi i 



ml .ii-tritiii- 

 otof ore been 

 nt was fully 

 at the work 

 at stimulus 



aird, and also 









i'B bordering 



not relaxed tl 









t. I--, liberal 



able to exte 









tions. Fro- 



spill 



and at 





It 



also attracts the attei 



Fishvvav" is given as the,,- idea ol a cornet form. 



Nearly six millions of whitelish eggs were hatched a I fheMdwaukee 

 hal:<:ber'v and distributed to waters; afterward .ml.o.li, . I in the report 

 of Supt. Welsher Three and a half millions of lake trout also were 

 hatchod and distributed ; while this season one million of brook 

 trout eggs had been secured at the time of writing, with the pros- 

 pect of naif a million more to be taken. Of adidt brook . 

 are in the lladison ponds 5,iH)o four-year old lish, in.OOO three- 

 year old, 0,000 two-year old, 5,'iiiii one-year old. and about 60,000 

 of last wmter'a hatching ; making a total of SO.uOO trout of all 

 ages. Arrangements hav e heen made to secure eggs of wall-eyed 

 pike (Stiioxleihinm) and hatch them. Of carp, thore are now in 

 the Madison ponds* seventy-five which will spawn in the summer of 

 1881, as well as a hundred aud fifty of this year's growth— all ob- 

 tained from the U. S. Fish OommiBSion ; tho demand for this fish 



