258 BULLETIN OF THE UNITED STATES FISH COMMISSION. 
[Assistant Secretary of the Treasury to the Commissioner of Fisli and Fisheries, May 21, 1888.] 
Referring to this Department’s letter of the 4th instant, requesting your opinion as to the 
construction to he placed upon the words “ traps and weirs connected with the shore,” as contained 
in the act of February 28, 1887, 1 inclose herewith a letter dated the 11th instaut, received from the 
custom-house at Barnstable, Mass., requesting information as to how the shore line is to be regarded 
in connection with said act; that is, whether high or low water mark is meant by the same. I will 
thank jmu for an e.vpression of your views in this matter in connection with your reply to the 
Department’s letter of the 4th instant, and would reciuest that the iuclosure of both letters be 
returned with your answer. 
[Collector of customs, Barnstable, Mass., to the Commissioner of Navigation, May 11, 1888.] 
Will you kindly furnish this office with information as to how the “shore line” is regarded by 
the Department; i. e., whether the low-water mark is meant by the same. I have also respectfully 
asked that you instruct me how to proceed iu case mackerel, illegally caught and landed before .June 
1, 1888 (inclusive last-named date), are seized by customs officers in this district. In case mackerel 
were seized they would spoil before the Department could be consulted with. 
[Commissioner of Fish and Fisheries to the Assistant Secretary of the Treasury, May 23, 1888.] 
Referring to your letter of May 21, 1888, requesting the opinion of the Commissioner of Fisheries 
“as to the construction to be placed upon the words ‘traps and weirs connected with the shore,’ as 
contained in the act of February 28, 1887,” and inclosing a letter from the custom-house at Barnstable, 
Mass., “requesting information as to how the shore line is to be regarded in connection with said act — 
th.at is, whether high or low water mark is meant by the same,” I beg to reply that in my judgment 
the line of mean low water is to be regarded as the shore line, for the reason that titles of riparian 
owners extend to this line. 
The provision of the act referred to, exempting specifically from the operation of the law traps 
and weirs connected with the shore, was designed to bring under the restraint of the law traps or pounds 
anchored in deep water offshore, and not connected with the same by fence or hedging. A pound, 
trap, or weir having a hedging extending from the trap, weir, or pound to the shore, as defined by 
mean low water, would clearly come under the exemption, even if the weir or trap in which the fish 
are impounded is a mile or more from the actual shore line. 
The letters of inquiry addressed to the Secretary of the Treasury and transmitted as inclosures 
in your letters of May 4 and May 21, are herewith returned as requested. 
[Acting Secretary of the Treasury to the Secretary of State, May 23, 1888.] 
Referring to telegram of the consul at Yarmouth, left at this Dejiartment this morning, in which 
he desires to be informed if mackerel now being caught in twine nets attached to the shore, straight 
line, are entitled to free entrj^ the same as if caught in weirs, I have the honor to state that it has 
been ascertained, by a conference with the office of the Commissioner of Fish and Fisheries, that 
mackerel thus caught are not caught in traps or weirs as provided in the act of February 28, 1887, 
aud are therefore not entitled to free entry. I return herewith the telegram aforesaid. 
[Assistant Secretary of the Treasury to the collector of customs, Barnstable, Mass., May 26, 1888.] 
Referring to your letter of the 11th instant, in which you request to be furnished with informa- 
tion as to how the “shore line” is regarded by the Department — i. e., whether high or low watermark 
is meant by the same — you are informed that the Commissioner of Fish and Fisheries states that iu 
his judgment “the line of mean low water is regarded as the shore line, for the reason that titles of 
riparian owners extend to this line.” 
The Commissioner further states as follows : 
The jirovision of the act referred to exempting specifically from the operation of the law traps and iveir.s connected 
with the shore, was designed to bring under the restraint of the law traps or pounds anchored in deep water offshore and 
not connected with the same by fence or hedging. A pound, trap, or weir having a hedging extending from the trap, weir, 
or iiouiid to the sliore, as defined by mean low water, would clearly come under the exemption, even if the weir or trap in 
which the fish are impounded is a mile or more from the actual shore line. 
With regard to your further inquiry as to now to proceed iu case mackerel, illegally caught and 
landed before June 1, 1888 (inclusive of the last-named date), are seized by customs officers in your 
district — you stating that iu case mackerel are seized they would spoil before the Department could 
