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.
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.