THE SMELTS 
365 
In comparatively recent years a serious decline in the smelt supply of Massa- 
chusetts was noted, and the commissioners were concerned with ways and means of 
rehabilitating the waters. The proposed procedure pertained to accessibility of 
streams to the smelts for reproduction. Under the heading “The problem of resto- 
ration,” the report of the commissioners for 1917 (p. 78) said: 
The real problem confronting the Fish and Game Commission is that of providing a spawn- 
ing ground equal, as far as possible, to that which the smelt enjoyed before the day of dams and 
pollution, and to institute methods of saving a large per cent of the spawn wasted at present in 
such places as Weir River. To remove the pollution from the streams entering Boston Harbor 
will require considerable time, and probably never will be accomplished if present conditions are 
any criterion. The enlargement of the spawning grounds by removal of dams or installation of 
suitable fishways is likewise a work of years. The immediate relief of the smelt problem which 
will save the species from commercial extinction in Boston Harbor consists in saving natural waste 
of surplus smelt eggs by artificially enlarging the spawning grounds to accommodate the number 
of smelt which frequent them. 
Referring to fishways, the report said: 
In general a fishway is not a practicable contrivance for smelt. At Weir River smelt were 
observed to shoot some very sharp falls. If the fish could get over the first dam they could reach 
extensive spawning grounds. However, the return over the dam would probably injure the deli- 
cate fish, and therefore it would be necessary to screen the spillway. 
In the matter of the installation of fishways for any fish there appears to be a 
point that has not been taken into consideration. A screen might divert adult fish 
into a fishway or other passage on their return to the sea, but no practicable screen 
would prevent the young fish, particularity the very delicate fry of smelt, from going 
over the falls or dam if there is any overflow whatever. However, in Maine there is 
probably no lack of suitable spawning places for smelts, because, as has been seen, 
they ascend mere rivulets even; and probably there are but few instances of serious 
pollution or obstructions requiring a fishway, except in the rivers, even were fishways 
practicable. However, while Massachusetts has endeavored by legislation to protect 
smelts in the spawning places, Maine never has done so. Whatever the extent of 
natural breeding places, adequate natural breeding by the fish can be assured only by 
protection at the breeding season, and such protection must be afforded by leaving 
the fish and eggs undisturbed at the time. The law that permitted the use of the 
dip net in fresh water beyond 1,000 feet of tide water, and prohibited its use in tidal 
water, afforded no protection to spawning smelts except in the very few instances 
where the fish could not ascend above the high-tide limit. If the law had been re- 
versed in its application, and the fishing in fresh water above tidal water and for 
1,000 feet below high-tide limit had been prohibited, with a certain amount of dip- 
net fishing permitted below the 1,000-foot limit below mean high-water mark, the 
smelt would have stood a much better chance. For in most instances many smelts 
would have been able to ascend into the protected section of the stream before the 
use of the dip net would have been practicable below. Those fish would have then 
been able to spawn and the eggs could have incubated and hatched undisturbed, 
providing the law had been observed or enforced. 
It is suggested, therefore, that all smelt fishing in fresh waters flowing directly 
into tidewater frequented by marine smelts for reproduction be prohibited during 
