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.

_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. The Illinois

law prohibits the taking of mussels in any navigable water in that

State between the 1st day of October and the 1st day of April; but, as

illustrating how such a measure may apply in a particular case,

practically all of the mussels in the principal river of that

State--the Illinois River--are short term or summer breeders, spawning

some in June, July, and August, others in October and about that time.

Only a few carry the spawn, after its development, through the winter.

The principal objection to an enforced interruption of the fishery

during a period of months is that it deprives the mussel fishermen of

the right to earn a living by their profession during a portion of each

year. This objection has real weight, and should be overborne only by

decided advantages to be gained from a closed season.

_Restricting the methods of fishery._--The principal implements for

taking mussels are the crowfoot bar, the rake, the fork, the tongs or

scissors fork, the dip net, and the dredge. These several pieces of

apparatus are variously adapted to conditions of depth, rate of

current, and character of bottom, as well as to the aptitudes and

customs of the fishermen. Before a method should be prohibited it

should be known that it can be replaced by one of the more suitable

methods, or else that it is so positively injurious as to require its

elimination. The only implement of capture against which complaints are

generally made is the crowfoot hook, but this is the only method in

general use which is adapted for taking mussels in the deeper water,

and it is probably in more common use than any other method. Perhaps in

time improvements upon this hook will be adopted to lessen its

injuriousness, or other methods capable of replacing it will be better

known. In the light of present conditions it would work an unnecessary

hardship upon a very large number of fishermen to prevent its use,

especially when it appears that the protection of the mussels can be

accomplished by methods more equitable to all concerned.

Still other measures have sometimes been advanced looking to the

limitation of the number of shellers to be permitted to work within a

given territory or to the leasing of shelling rights. Since such

proposals have not yet been offered in connection with any properly

worked-out plan by which serious injustice would be avoided and the

interest of the public safeguarded they may be dismissed with the

remark that it is not simply the protection of mussels that is desired

but the protection of the mussels for human use without interference

with common human rights. The absence of inherent wrong in an idea does

not commend it if it carries within itself the seeds of its own defeat

by a method of application, or a want of method, that allows

opportunity for manifestly unjust and intolerable conditions to arise.

There remains to deal with the necessity for the two measures that are

advocated and to discuss the methods of application. This can be more

adequately done in distinct sections.

The Protection of Fresh-Water Mussels · 第 18 / 32 题