202 
BULLETIN OP THE UNITED STATES FISH COMMISSION. 
Fifth. The arg-ument of the salt-fish dealers that placing on the market poor salt 
mackerel caught at this season causes a depression was said to have no foundation, as 
the recent practice of selling the fish fresh in New York has become so general that 
not enough fish are salted to have any inliuence on the trade, and further, the fisher- 
men are deterred from salting large quantities of spring mackerel because the fish are 
poor, and if salted must be sold at a low price. 
Sixth. The jiroposed law would be severe and sectional in that it would prevent 
the taking of mackerel on one xjart of our coast by citizens of certain States simply to 
allow them to proceed to other parts of the coast, where they could be caught without 
restriction. 
Very full consideration was accorded the subject by the appropriate committees of 
Congress. The matter first took definite shape when, on February 8, 188G, a bill 
(No. 5538) embodying the wishes of the petitioners was reported by the House Com- 
mittee on Ways and Means. The text of the bill, which was afterwards amended in 
several important respects, was as follows: 
Be it enacted hy the Senate and House of Itepresentatiecs of the United States of America in Congress 
assembled, That for the xieriod of five years from and after the passage of this act no mackerel, other 
than what is known as Spanish mackerel, caught hetween the first day of March and the first day of 
June, inclusive, of each year, shall he imported into the United States or lauded upon its shores. 
Sec. 2. That section 4321 of the Eevised Statutes is amended, for the period of five years afore- 
said, so as to re.ad hefore the last .sentence as follows: “This license does not grant the right to 
fish for mackerel, other than for what is known as Spanish mackerel, hetween the first day of March 
and the first day of June, inclusive, of this year.” Or in lieu of the foregoing there shall he inserted 
so much of said 2 >eriod of time as may remain unexpired under this act. 
Sec. 3. 'that the penalty for the violation or attempted violation of this act shall be forfeiture 
of license on the part of the vessel engaged in said violation, if a vessel of this country, and the 
forfeiture to the United States, according to law, of the mackerel imported or landed, or sought to he 
imported or landed. 
Sec. 4. That nothing in this act shall he construed to conflict with existing treaties. 
Sec. 5. That ail laws in conflict with this law are hereby rcpe.aled. 
Accoiupauyiiig this bill was a report made by the Committee on Ways and Means, 
to which the petitions had been referred. The report is interesting as showing the 
manner in which the petitions were regarded and the wishes of the petitioners 
interpreted by the committee. The most important part of the report is that in 
which the object of the proposed legislation is stated to be the prevention of the 
capture of mackerel during the spawning sea.son. The report is as follows: 
The committee are not entirely certain of their jurisdiction over the subject-matter of the 
petitions; but as the subject was referred to them by the House, and the question of jurisdiction may 
be, at best, a matter of doubt, they concluded, without wishing to arrogate to themselves the functions 
of others, to report a bill. 
The hill herewith submitted is designed to meet the wishes of the petitioners, who .are mostly 
tliose eng.aged in the mackerel fishery; and their wants appear to bo identical, in this case, with 
the general interests of the people. The object is to prevent the catching of mackerel during the 
spawning season, and thereby save this exceedingly important food supply from threateued extinction 
upon our shores, the methods now employed in the business being much more liable to produce this 
result, if iudiscriminately exercised, than were those formerly used. The principle of this bill is that 
which usually underlies the game laws. 
As early as 1660 efforts were made to iirevent unseasonable depredations upon tliis fish, which 
was then called by the commissioners of the United Colonies “the most staple commodity of the 
country.” In 1670 “the court of the Massachusetts” prohibited the catching of mackerel, except in 
.1 very re.stricted way, before the Ist of .July of each year. This, however, seemed to carry the 
