256 
BULLETIN OF THE UNITED STATES FISH COMMISSION. 
men along the coast of Massachusetts and Maine ask us to do, who tell us that their equipment and 
their ships have run down from 100 cents on the dollar to 25 or 50 cents on the dollar, and they ask 
this relief. It is not going to interfere with any one except the retail dealers or the wholesale dealers 
in lish in the city of Now York, and there is no one that has appeared before the conunitteo to ojjpose 
the hill except Mr. Blackford, for whom I have a very high respect, and Mr. Benjamin, who srems to 
ho a very pleasant gentleman, but who is working for his own interest; and right hero I would like 
to read to the Senate what Mr. Blackford, who opposes the enactment of this hill, says on the subject. 
He is asked this question ; 
If it drives thorn off it is just about as bad as if you destroyed them? 
Mr. Elackfoed. Exactly so; but the same argument will apply to fishing at anj' season of the year. It would apply 
to your fishing in September and October, and would applj' to all other hinds of fish. There is no doubt— any person who 
goes fishing knows— that if you disturb the fish or break up their scho(d3 you are in danger of driving them to seek new 
feeding grounds and to seek now spawning grounds, 
Mr. Blackford is asked this question: 
The Chairman. It seems to me it would not to the same extent. If you give them three months’ relief in this 
pursuit when they are advancing on a certain lino, they would be apt to have their yearly run ways and they will keep up 
that line? 
Mr. Blackford. Yes, sir; if you catch next year only one-half as many lish as you catch this year, the probability 
is there will be a good many more left. 
The Chairman. Are they not more timid, as all animals are, just about the rcju-oductive time than any other, and 
would not any infringement upon their routes have a more disastrous eifect then than it would have when they were not in 
the reproductive time? 
Mr. Blackford. I am inclined to think so, for the reason that the lish come closer to the shore after the spawning 
season is over. That of itself would indicate that they are not so shy after spawning as they are before. 
I shall not take up the time of the Senate with any more remarks. It seems to me that it is 
made perfectly plaiu that a great industry is suffering, that those engaged in it are entitled to relief 
at the hands of Congress, particularly the fishing interest, the nursery of our Navy. 
The measure was jiassed by the Senate ou February 10, by a vote of 34 to 11, 31 
not voting. 
Tlie Senate amendments to the bill were agreed toby the House, and the measure 
as finally passed and approved by the President on February 28, 1887, was as follows: 
AN ACT relating to the importing and lauding of mackerel caught during the spawning season. 
Be it enacted hy the Senate and House of Kepresentatives of the United States of America in Congress 
assembled, That for the period of five years from and after the 1st day of March, 1888, no mackerel, 
other than what is known as Spanish mackerel, caught between the 1st day of March and the 1st 
day of Juno, inclusive, of each year, shall he imported into the United States or landed upon its 
shores: Provided, however, That nothing in this act shall he held to apply to mackerel caught with 
hook aud line from boats, and landed in said boats, or in traps and weirs connected with the shore. 
Sec. 2. That section 4321 of the Revised Statutes is ameuded, for the x>eriod of five years as 
aforesaid, so as to read before the last sentence as follows: "This license does not grant the right to 
fish for mackerel, between the 1st day of March and the 1st day of June, inclusive, of this year.” 
Or in lieu of the foregoing there shall bo inserted so much of said period 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 lauded, or sought to be 
imported or landed. 
Sec. 4. That all laws in conflict with this law are hereby repealed. 
In closing tbis consideration of the suspension of the fishery, it is worthy of note 
that the protection which Congress sought to accord the mackerel was not directly 
given through any assumxition of right or power to legislate for a' fishery prosecuted 
in the open sea, but was indirectly brought about by recourse to a regulation of the 
customs service, forbidding the landing of mackerel during the proscribed season. 
