THE SMELTS 
359 
The table given on page 256, showing the quantities of smelts taken by the vari- 
ous methods employed in Maine from 1887 to 1908, shows that in 1887 and 1888 the 
hand line far exceeded the seine in number of pounds caught. In 1898 the seines 
exceeded the hand lines by a comparatively small margin. In 1905 hand lines again 
were somewhat ahead, but in 1908 seines far exceeded the hand lines. In 1887 and 
1888 bag nets and dip nets were next to hand lines (which were first) in the amount 
of smelt taken, and took more than double the quanity caught with seines. In 1898 
and 1905 bag nets were third, and in 1908 they were the lowest of the six categories. 
The fact that in the earlier years seines were secondary to the hand lines might 
suggest that fewer seines were then used than in later years, which is probably the 
case, and perhaps they were not as effective in taking the large fish then demanded 
by the market. 
While a casual examination of the statistics given in the table on page 257 does 
not show a positive and permanent decline in the smelt fishery of Maine up to 1916, 
a closer scrutiny of the statistics, considered with recent verbal reports and opinions 
of the fisherman and observations in the field, does indicate a decline. A falling off 
in the line fishery indicates a relative scarcity of fish of the larger sizes, which con- 
stitute the catches by that method; and while the gross quantity caught by all 
methods perhaps does not show such an alarming falling off, the decrease in size of 
the bulk of the fish marketing, taken by other methods than by line, together with 
the falling off in the line fishery, is very strong evidence of a declining fishery. 
Cases of local depletion and even exhaustion of the fresh-water smelt are on 
record. The only methods of taking the inland fish have been by hook and line and 
by net in the breeding season. The line fishery can make no very appreciable 
reduction in the number of smelt, but fishing during the breeding runs is as destruc- 
tive in inland waters as it is along the coast. 
CONSERVATION 
In various States, particularly in Massachusetts and Maine, for many years 
legislative measures have been enacted aimed at better protection of the smelt and 
improvement of the fishery, but for one reason or another the desired results have 
not been attained, as indicated in the foregoing discussion of depletion. In Massa- 
chusetts the act approved April 9, 1874, says: 
First, whoever within the Commonwealth offers for sale, or has in his possession, any smelts 
between the 15th day of March and 1st day of June in each year, shall forfeit for each and every 
smelt so sold, offered for sale, or had in his possession, the sum of one dollar. Second, whoever 
takes or catches any smelt or smelts with a net of any kind, or in any other manner, shall forfeit 
for each smelt so caught or taken the sum of one dollar ( proviso — not to apply to smelts caught in 
Bristol, Barnstable or Dukes counties by persons lawfully fishing with net for perch, herring, and 
alewives) ; and in all prosecutions under this act the burden of proof shall be upon the defendant to 
show that the smelt or smelts, the offering for sale, possession, or catching of which is the subject of 
prosecution, were legally caught. 
Referring to this law, in a discussion of Mather’s paper on hatching of smelt 
(1885), Theodore Lyman, formerly a commissioner of fisheries of Massachusetts, said: 
As you will all recollect, some twenty years ago or rather more, in Massachusetts the smelt 
fishery had greatly declined. It was supposed to be due to the capture of the fish by means of 
