EUROPEAN METHODS OF OYSTER-CULTURE. 
397 
It is contended, however, by the fishermen that a fishery order is so difficult to 
obtain that it can be utilized only by syndicates, or culturists of the wealthiest class. 
The first step in obtaining a concession, as stated in the act of 1868,* is to show that 
the property in question is unoccupied and is not held under previous grants. This 
process naturally becomes difficult in a locality long known to have been of cultural 
value, and may render it first necessary to carry through a petition which reduces the 
size of an unutilized neighboring grant,! a result, however, not easily attained, as the 
defendant is apt to be a wealthy and litigious corporation. Monopoly in the manage- 
ment of an oyster-ground occasionally ensues, and the land appears to accumulate in 
the hands of the wealthiest culturists. The famous Kentish fiats of Whitstable are 
held by only a few corporations; the Colchester grounds by a single one. 
In this regard it is interesting to contrast the Dutch system of competitive land- 
rental with short leases, where the state reaps the profit of the high rental and where 
sharp competition among many culturists tends to reduce the market price of the 
product. 
* The sea fisheries act (July 13, 1868) indicates the course to he pursued in obtaining a foreshore 
concession — one over whose area the tenant is given right to dredge, plant, and remove oysters at any 
and all times during an extended period (as long as sixty years), provided that its usefulness to the 
public is guaranteed. By instructions from the Board of Trade, applicants must “ cause printed copies 
of the draft of the order as proposed by them” to be circulated to owners, lessees, occupiers, and neigh- 
bors of the portion of the foreshore to which their application relates. During a month thereafter the 
Board of Trade is to receive written objections to the grant of the petitioners. The matter then passes 
into the hands of an inspector of fisheries who shall weigh evidence for and against the application, 
and, if necessary for this purpose, may hold a sitting in a locality convenient to the property in ques- 
tion. His written report, for consideration of the Board of Trade, approves of, deems inadvisable, or 
sets conditions upon the application. The Board of Trade is now empowered to make out the fishery 
order, define terms and duration, costs in all matters to be defrayed by petitioners. The order is now 
approved by act of Parliament, if it is found in no way conflicting with the useful rights of older acts, 
charters, or prescriptions. A more speedy course is afforded by the law of 1877, whereby a tract of 5 
acres (twenty-one years’ duration) may be secured directly by consent of Her Majesty in Council. Pro- 
vision is in every case made for continuing to secure the benefits to the public of these conceded lands, 
through annual reports of the fisheries inspectors to be laid before Parliament. 
The act of 1868 provided, furthermore, for protecting the private oyster-grounds from trespass. It 
must be proven that the property in question was removed from the plaintitf’s grounds. Staking and 
buoying of a concession is made obligatory, and it is provided that printed copies of a fishery order 
must be kept on sale in a convenient locality. 
Besides the general restriction of oyster dredging during the summer months, it is provided by 
the law of August 10, 1877, that deep-sea oysters are forbidden to be bought or sold between the 
15th of June and the 4th of August, unless for purposes of cultivation. The Board of Trade is em- 
powered to reserve banks for the period of a year, with right of yearly extension, for purposes of 
regeneration. The restriction of the general sale of oysters (act of 1877) during the summer (May 14 to 
August 4) appears to have been commonly disregarded to the detriment of all spawning regions. Firm 
action, however, in this matter was undertaken during the summer of 1892, by the Fishmongers’ Com- 
pany. A number of prosecutions as test cases were instituted and convictions were secured. With 
this precedent the company, it is hoped, will be enabled during the coming summer to entirely close 
the sale of oysters and establish a season of much needed tranquillity on the spawning-grounds. 
t Anson and Willett, prize essay of the International Fisheries’ Exhibition, Clowes, London, 1884, 
p. 102-111. 
