13 
England. As the climale of Xcw South Wales is equal to that of the finest pari.s of France, Spain, or 
Italv; and is cquallj as applicable to the breeding, growth, and fattening of oysters as to the breeding, 
growth, and fattening of cattle on the natural pastures, all the year round. 
22 . Ten or twelve years ago the oyster industry in France was in a high state of prosperity, but 
five or six years later it was in a most deplorable state, and Mr. Pennell and others gave melancholy 
accounts of the failures of oyster culture in that country. This did not arise from natural causes, such as 
frost, snow, floods, which occasioned such tremendous losses of spat and oysters in England, Ireland, and 
Scotland, but from the negligence and greed of the cultivators. The Boyal Commission (Ireland, 1870) 
say in their Eepoi*t: There is no reason to doubt that the decline in production (in Fnince) is to be 
«attribated to the neglected state of the collectors, and also to the selling of too many of the parent 
oysters, and thus annihilating to a considerable extent the source of spat. This, the Commission 
say, is admitted by the proprietors themselves, who have foxiiid their expectations to get spat without 
parent oysters to be delusive, and they are now taking means to renew the stock of oysters and collectors. 
The selling of their breeding oysters is but a repetition of the old story of killing the goose that lays the 
golden eggs. But now the tide has turned, and the French having learned by bitter experience not to 
trust solely to their fine climate and great natural advantages, have put their shoulders to the wheel, and 
by skill and industry have turned the bountiful gifts of Providence to good account. Like causes can 
never operate in New South AValcs to injure the oyster industry, from the fact that there arc many 
localities where marketable oysters cannot be profitably dredged for consumption, but where spat can at 
all times be obtained in any quantity. 
23. iVIr. Farrar, Secretary to the Board of Trade, in the evidence he gave before the said Select 
Committee of the House of Commons (1876), said:—“Mr. Pennell was sent by the Board of Trade, 
in 1S6S, to inspect the French oyster fisheries, and he gave a most melancholy account of them—nothing 
could be worse. The Irish Commission confirmed that melancholy account; but now it appears from 
the official returns of the French Government (1876) that the production has enormously increased. 
At Marennes the private cultivators have been enormously successful: At Cancale the value of the oysters 
produced had risen from 97,375 francs in 1869 to 720,800 francs in 1874. The octriculturists, who have 
established pares on the banks of the Auray, gather considerable quantities of young oysters in their 
collectors, and many of them have already realized important profits. Many of the proprietors of pares 
are embarrassed by the abundance of their produce. Mr. J. A. Blake, Inspector of Irish Fisheries, in 
the evidence he gave before tlie said Select Committee (1876) said:—“ French oysters will cause a 
great revolution in the oyster trade in England; so that we need to care very little about our own 
production at all, but look more to the fattening.” 
24. After carefully reading and considering everything procurable that has been written about a 
close season for oysters, as w'cll as the evidence taken before this Commission, we have come to the 
conclusion tliat a close season is unnecessary, and would be prejudicial to the public interests and to the 
oyster industry in this Colony. There may be valid reasons for restricting the consumption of oysters 
to nine months in the year in those countries where, notwithstanding their dearness and scarcity, the 
people were not satisfied with eating them at one meal a day, but must needs have them (probably because 
they w’cre dear and scarce) at four meals a day. Mr. Blake, in evidence he gave before the said Select 
Committee of the House of Commons (1876), attributes the scarcity and dearness of oysters cliiefiy to 
the great consumption of them. He says it became the custom in Fi’ance about fifteen years ago to 
introduce oystera at four meals—at bi'cakfast, luncheon, dinner, and supper; no entertainment was 
complete without oysters, and that fashion came into operation in England, and a vast demand for oysters 
arose, and the enhanced price induced the people to dredge extensively; whilst, at the same time, we 
began to have bad spatting seasons. There is every reason to believe that oysters that are not sick or 
spatting are as wholesome food in summer as in winter, and therefore there is no more reason to make a 
close season for oysters than there is for beef or mutton. Mr. F. Pennell, in evidence he gave before the 
said Select Committee of the House of Commons (1876), said he would not prohibit the sale of oysters 
at any time from a private bed unless it was necessary to do so in order to assist in carrying out some 
law' to enforce a close time on public beds ; then I w'ould stop consumption, but not for any other purpose. 
He tliinks a fattening oyster is always fit for market; ho has rarely known the oyster sick on fattening 
ground; he has often made a hearty lunch of oysters in summer. 
25. Having now indicated the actual resources of this Colony for oyster production, and the need of 
artificial culture, and the character of the operations suitable, we have to refer to the state and operation 
of the present Fishery law. The only law in this Colony relating to Oyster Fisheries is the 31 Vic. No. 20, 
intituled “ An Act to regulate Ogster Fkheries and to encourage the formation ofOgsterBeds (1868).” The 
preamble of the Act says: “ Whereas it is expedient to encourage the cultivation and improvement of oyster 
fisheries, 
