restoration of the former condition when mussels were so richly abundant. It will be advisable, however, to supplement natural processes by the methods of artificial propagation in order that the [9]replenishment may be hastened and a greater result gained in a shorter time. We have to contemplate that the beds that may be closed will have to be reopened after a definite period, for the fishermen can not afford to work indefinitely on restricted and depleted areas, and the supply of available shells must be maintained. A proper solution as fair as possible to all will be found in a plan of rotation which will give rest periods to the different portions of a river in succession. Let this measure be supplemented as far as may be by Government or State propagation of mussels in the resting regions.

It is apparent that artificial propagation and protection are intimately related. Restrictive measures alone will yield benefits, but these will be greater if the protection is followed up by well-directed propagation. Artificial propagation pursued independently may be expected to bring results, but the advantages will be considerably diminished if no steps are taken to lessen the unnecessary destruction of the young mussels thus given a start upon life.

PROTECTION.

ESSENTIAL CONSIDERATIONS FOR EFFECTIVE LEGISLATION.

Although at least 20 States participate directly in the mussel fishery for the shell trade, only 2 or 3 of these have taken any action of any kind for the protection of the resources. In some others measures have been proposed at various times, but without receiving favorable consideration by the legislative bodies. Indeed, it is probably well that this is the case, in view of the fact that there has been no general presentation of the case from all sides to aid in a just consideration of the matter. The Bureau is prompted to make this report in the hope that suggestions based upon a long-continued investigation of the shelling industry in all its phases may be of material aid to the responsible bodies concerned in the determination of how best to perpetuate the mussel resources, giving due regard to the local conditions involved.

Any legislation to be most effective must fulfill certain general conditions. It must be based upon just consideration of the welfare of all classes legitimately interested in the business, including shellers, buyers, manufacturers, and the public generally. This is important, not only because fairness demands it but because it is manifestly impracticable to enforce a law which is framed in disregard of economic requirements. A law that makes possible the creation of a monopoly, or one that drives the buyers and manufacturers from the territory, or that sacrifices the good of the industry to revenue production to the State, would be so manifestly unsound that further comment seems unnecessary.

[10]Nevertheless, the element of sacrifice can not be entirely eliminated. In this case, as in others, ultimate benefits can scarcely be obtained without some temporary sacrifice, although it should be aimed to make the immediate loss felt as little as possible. It is the unwillingness of individuals to make voluntary sacrifices, independently, for the good of the mussel beds that makes legislation of any kind necessary. There is a demand for legislative action only because, in the end, the welfare of all parties concerned is dependent upon the promotion of abundant growth of mussels.

Finally an eminently desirable feature of any legislation is that it shall be so simple, plain, and undebatable as to minimize the difficulty of enforcement. Coupled with this there must be not only an effective penalty but machinery of enforcement that will work simply and certainly.

The measures to be proposed will be considered in the light of these requirements, together with the basic conditions offered by the natural history and the conditions of life and reproduction of the mussels.

EXAMINATION OF PROTECTIVE MEASURES.

TWO MEASURES FOR IMMEDIATE APPLICATION.

As appears from the remarks hitherto made, the restrictions which are immediately required for the preservation of the shell resources are—

1. The imposition of size limits for the protection of young mussels.
2. The adoption of a plan of rotation of closed regions, whereby the mussel beds may be given the best opportunity for propagation and growth.

We do not at this time advocate any other limitations, and it will be attempted to show that these are so simple to apply and so promising of effectual conservation that it is strongly advisable not to complicate the situation by a needless multiplicity of restrictions. These two measures will be fully discussed in subsequent sections of the paper.

MEASURES NOT SUITED TO EXISTING CONDITIONS.

Two other measures that have been more or less frequently proposed are the provision of a closed season during certain months and the restriction of the methods of taking mussels. While it is the purpose of the present paper to discuss more especially the positive suggestions that are offered, it is not out of place to give briefly some of the reasons for exclusion of measures which may have been suggested by friends of the industry with sincerity of purpose and which are not upon their face devoid of merit. Always let it have the first place in our minds that the one object in view is not to hamper but to develop the mussel fishery.

[11]Closed season of months.—The aim in establishing a closed season for the mussel fishery during a portion of the year is either to protect the mussels from disturbance during a breeding season or else to diminish the extent of the fishery by limiting its duration.

It might be very proper to protect the mussels during the active breeding season, if such a season could be defined; but, as a matter of fact, the various species of mussels in any particular stream have different seasons of breeding. The mussel industry is based upon a considerable number of species of economic mussels. There is a group which has a short breeding term during the summer months. Such are the species known commercially as "niggerhead," "pimple-back," "monkey-face," "maple-leaf," "blue-point," "three-ridge," etc. The "washboard" seems to have an intermediate breeding term during the early fall, though it may be that in some cases it carries its spawn into the winter. Many of the more important species of mussels have a long term of breeding; in the latter part of the summer and in the early fall the eggs are deposited into brood pouches within the shell of the female, and there, after they hatch and develop, they are carried over the winter, to be liberated in the spring and early summer.[A] Of this kind are the "mucket," "sand-shell," "pocketbook," "butterfly," and others.

[A] Possibly these mussels liberate glochidia to a limited extent during the fall and winter; but the general statement is well founded.

In view of the variety of commercial mussel species and the diversity of breeding seasons, it does not appear practicable to determine upon a closed season that will accomplish its particular purpose.