360 
BULLETIN OF THE BUREAU OF FISHERIES 
nets stretched entirely across the brooks, which prevented the fish from ascending the stream. 
The law to which Mr. Mather has referred was passed on the recommendation of the Fishery 
Commissioners of Massachusetts. In two or three years the catch of fish was very greatly 
improved, so much so, that the bays and streams which had been nearly depopulated, once more 
became filled with valuable fish. Ever since then, we had a pretty good supply of smelt in our 
State. 
The good results mentioned by Lyman apparently were very local and tempo- 
rary, as is learned from the more recent reports of the Massachusetts commission, 
that of 1916 saying in effect that the fishery was in a depleted condition and calling 
for strenuous and radical measures for its restoration. 
In Maine, as early as 1869, a law was passed locally restricting smelt fishing to 
hook and line, according to Atkins (1869). He wrote: 
The act “to protect smelts in the waters of the Kennebec and Androscoggin rivers”, approved 
March 4th, 1869, aims to lessen the catch by prohibiting the use of any implement but hook and 
line every alternate year, and at the same time allow the fish to ascend these rivers to the points 
where they were wont to be taken with hook and line. Undoubtly the first mentioned object would 
be attained, but whether the latter would is uncertain. It is desirable to substitute for this some 
act of wider application, and consequently bearing more equally on all who are engaged in this fish- 
ery. I suggest whether a prohibition to take smelts except during December, January and Feb- 
ruary, by any other mode than hook and line and perhaps the dip-net, would not apply well to the 
whole State. The smelt fishery now commences much earlier in the fall than is for the advantage 
of the fishermen themselves even, — frequently in October, when fish are with difficulty marketed 
in good condition, and a great waste and deterioration is the consequence. So in the spring, also, 
the facilities for marketing in a frozen condition are not good, and as the spawning time approaches 
the quality deteriorates; yet there are some localities on the coast where the smelts appear in small 
streams only in the spring, and would be of no use if they could not be taken at that season. 
This law appears to have been of local application and intended for the benefit 
of one class of fishermen only. The shortening of the season would no doubt be of 
benefit to the smelt, as would the restriction to hook and line and at that time per- 
haps would not have been very unfavorable to the fishermen. In late years, how- 
ever, the matter of marketing and deterioration is not so doubtful owing to refrigeration 
facilities. One of the most striking statements in this discussion is that of the quali- 
fying suggestion that there are some localities on the coast where the smelt appear 
in small streams in the spring, and would be of no use if they could not be taken at 
that season. As the smelts appear in such streams in the spring for breeding pur- 
poses, it is hardly necessary to indicate in what way they would be of use if not 
taken. The harm done by taking them at that season in such places has already 
been shown. 
Previously the same commissioner had remonstrated against seining at the 
mouth of a stream, but while indicating that dip nets were used there nothing was 
said against the practice. However, later he wrote (Foster and Atkins, 1868a, 
p. 29) : 
We think no smelts should be taken during the spawning season — say from April first to June 
first. Enough can be taken in the fall and winter, when they are in good condition, and it is 
wonderful that they can stand the draft that is then made on them. 
Commissioner Counce, of the sea and shore fisheries commission of Maine (1888), 
stated that section 5, laws of 1887, provided that no smelts caught in weirs after the 
first day of April should be sold or offered for sale in the State, nor should smelts 
