212 
BULLETIN OF THE UNITED STATES FISH COMMISSION. 
The scraping law previously operative in Somerset County was not affected by 
this enactment. The principal change effected in the provision of law authorizing 
the preemption of ground for the purpose of planting oysters or other shellfish was in 
increasing the limit of area obtainable by each individual owning land along the fore- 
shores from 1 to 5 acres. No provision was made for the preemption of planting lots 
by other persons, but this was remedied two years later. The procedures for the 
enforcement of the law afid the penalties for violations were fully defined. Among 
the former may be mentioned the granting of full powers of sheriff in enforcing the 
law to all persons employed on licensed vessels. 
During the first season in which, the license system was operative, 1865-66, the 
number of tonging boats licensed was 1,658, and of dredging vessels and boats 391. 
In that season, according to data furnished by the late Mr. C. S. Maltby, the catch by 
tongs amounted to 1,216,375 bushels, and by dredges and scrapes 3,663,125 bushels, 
making a total of 4,879,500 bushels. 
Since the license enactment of 1865 frequent changes have been made in the times, 
places, and methods in which the various branches of the fishery might be prosecuted, 
as well as in the amount of license fees required to be paid; - but detailed reference to 
these changes will be found in the discussion of the various branches of the oyster 
industry. 
The difficulty experienced in compelling some of the dredgers to obtain licenses 
and in preventing them from operating on interdicted areas led, in 1868, to the organ- 
ization of the State fishery force, consisting of a number of vessels, suitably armed and 
equipped with officers and men, to patrol the bay and tributaries in search of viola- 
tors of the oyster law and to arrest the same when found. The act providing for this 
force also prohibited the catching of oysters on Sunday, and in 1870 (ch. 364) the 
taking of oysters at night — that is, between sunset and sunrise — was also interdicted. 
But it was for many years difficult to prohibit this practice. 
In 1870 the use of scrapes was authorized, under very restricted conditions, in 
certain waters on the southern shore of Dorchester County, and in 1874 they were per- 
mitted on the northern shore of that county and in certain waters of Talbot County. 
By act of 1872 (ch. 131) an exception was made to the general license system of the 
State, and residents of Worcester County were exempted from its provisions; but in 
1874 (ch. 77) the tongmen in that county were again required to obtain license, each 
man paying $3 therefor, the revenue thereby derived to be devoted to the purchase of 
seed oysters, to be planted in Sinepuxent Bay. In the last-named year (L. 1874, ch. 
181) the first general close season on tonging was established, the exempted time being 
from May 1 to September 1. 
During several seasons following 1870 the catch of oysters ranged between 
9,000,000 and 14,000,000 bushels. But from 1876 until 1881 the fishery was not so 
prosperous, either as regards the number of persons employed or the quantity and 
value of the products, the latter amounting in 1879-80 to 10,600,000 bushels, valued 
at $3,869,000. 
From 1882 until 1886 the fishery again increased largely in extent; but less pros- 
perous years following led, in 1890 (ch. 602), to the adoption of the famous “cull law,” 
which is generally admitted to be one of the best protective measures ever enacted, 
if properly enforced. Although cull laws have prevailed in portions of Europe, notably 
the English Channel, almost continuously since 1839, this has never been a popular 
