Part 3

2. In the stage of existence immediately after liberation from the parent, the young mussels are parasitic upon fish. We are not here concerned with them during this period of the life history. When they are dropped from the fish many of the young mussels do not at once take up life in the sand or mud of the bottom, but we find them forming delicate threads by which they hang from plants or sticks or stones or from clam shells, and thus are kept from being washed away or smothered in the mud of the bottom. We may imagine the harm to these little mussels that is unavoidably wrought when the beds are continually dragged over. In like manner, the little shells that are just beginning to take hold in the bottom may be torn out by the rake or hooks, to be smothered or washed away to less favorable bottoms. It will be remembered that when mussels first begin life in the thread stage or in the bottom if the thread stage is omitted, they are too small to be found without a microscope.

3. One of the principal methods of capturing mussels is with the bar and hooks dragged over a large area of mussel bed in taking a relatively small number of shells. There is chance for these hooks to injure many little shells when each drag, requiring a period of only a few minutes, covers a space of bottom 16 feet wide and several hundred feet long. Nevertheless, it is not certain that there is any method to take its place, and any implement used will accomplish some injury to the very youngest mussels.

CONSIDERATIONS DETERMINING SIZE OF CLOSED REGIONS.

In planning for the closing of portions of rivers for periods of years consideration should be given to community needs as well as to general economic and biological conditions. On the one hand, the closure will be more effective in result, as well as easier of enforcement, if the regions of closure are made very large; while, on the other hand, making the closed regions smaller might cause less economic inconvenience. If, for example, the entire Illinois River should be closed to mussel fishery for a period of several years, there might be a substantial uncompensated loss to some communities, where there are factories employing labor to cut shells derived from that river. On the other hand, should we divide the river up into small sections of 2 or 3 miles in extent, some of which would be open while others would be closed under the law, it is apparent that such a plan would be almost impossible of enforcement. To prevent shelling from being carried on in all these little, closed areas would require a force of wardens and an expense entirely incommensurate with the object to be gained.

It is held advisable to divide a river within a single State into some four or six sections for the purpose of establishing closed regions. One-half--that is, two or three--of these sections, taken in alternation, could be ordered closed for a period of five years, during which no mussel fishing at all should be allowed in the closed sections, although it would be regularly prosecuted in the alternate portions of the stream. It would be convenient to break a river at points where there was a substantial community interest in the shelling.

PRACTICABLE DIVISION OF RIVER SYSTEMS ILLUSTRATED.

For example, let us apply this method of dividing a stream to the White and Black Rivers in Arkansas. Starting from the head-waters of the Black River, we find the first center of economic interest at Black Rock, another on the White River at Newport, and a third at Clarendon. Now, the river might properly be broken at these points, forming four main sections. The fishery might then be entirely prohibited for several years from the mouth of the river to Clarendon, while permitted from Clarendon to Newport, and again prohibited from Newport northward to Black Rock on the Black River, and to Batesville or other suitable point on the upper White, while permitted from Black Rock and Batesville northward on all the tributaries. We would have the river system divided into four sections, which would be probably as nearly equivalent as could be expected. Furthermore, none of the three towns mentioned would be cut off from the local supply of shells, except in one direction.

The shellers, generally speaking, would be little affected, since, with their house boats, they could move from one portion of the river to another. Those shellers who do not use house boats, but are local residents and go out only by day from their homes, would be most affected, and it is these generally who are most in favor of closing portions of a river. They recall how much more easily shells were taken in past times when the shells were abundant, and they would be willing to do something else meantime in order that the beds may be given a rest and the shells again become numerous. Shelling has no attraction over any other form of crude labor when the shells are so scarce that a wage can scarcely be made.

Taking the St. Francis River in Arkansas as another illustration, the river might be broken at Madison, Parkin, and Marked Tree. It is true that there are not many mussels, according to report, above Marked Tree, but the region between Madison and Parkin has beds which may well balance the remainder of the river.

The Wabash River, Ind., is one in which the need for protection is most evident; and this stream could be divided at Vincennes and two other points selected with reference to their economic interest in shelling and with regard to an equitable division of the river system.

It might seem that an ideal method of rotation would be based upon the division of a system into six portions, only one of which should be worked in any one year; a new portion would be opened each year, while each territory would enjoy a rest period of five years between successive "open" years for that particular territory. It will be evident that such a scheme, however correct in theory, would be entirely impracticable. The plan of keeping certain regions closed for periods of years while other regions are worked continuously during a corresponding period of years may have some imperfections, but it is probably the best that can be worked out without practically suspending the industry. Undoubtedly the plan will work most efficiently if a proper discretion is used in its application.

PROCEDURE FOR ESTABLISHING CLOSED REGIONS.

The law should plainly stipulate and establish the principle of the closure of the rivers by regions or sections, but the determination of which specific sections are to be closed should be left for determination after investigation by properly qualified authorities.

A comparatively simple plan may be suggested under which the most careful consideration could be given to the local conditions involved as well as to the rights of the State as a whole. The legislature could authorize and instruct the proper State authorities, as the State fish commission, to give due consideration and study to the needs of the mussel industry and determine what portions of the streams of the State should be closed to the mussel fishery for a period of years. It could be further provided that, after the preliminary determination of plans for closure, due advertisement should be made in all regions affected and opportunity given for public hearings in such regions, after which the commission should submit its final recommendations to the governor of the State, who should then issue a proclamation ordering the entire interruption of a mussel fishery in the regions selected for closure. The original legislative act should provide that the proclamation so made should have the full effect of law, and should specify the penalties that would be incurred by violations. It is desirable also that the governor, upon recommendation of the commission, should have power to reopen the closed regions when such action was judged necessary.

ENFORCEMENT OF THE LAW.

_Powers of officers._--It is necessary not only that the duty of enforcement of the law be assigned to specified State officers, but also that they be expressly given the right to inspect and examine mussels or shells in the boats or on land and be empowered to seize mussels or shells held in violation of the law. It is practically impossible to bring about convictions when the opportunity is allowed for destruction of the evidence between the time of detection and the date of trial.

_Permits for special cases._--In cases where for the purposes of investigations it may be necessary to take small mussels, the State officers charged with the enforcement of the law should have by law the right to issue special permits for the taking of undersized mussels for scientific uses and not for sale.

_Expenses of mussel protection._--The plans which have been advanced in this report can be carried out with a minimum of expense. The simplicity of the measures would reduce the trouble and cost of inspection to the smallest practicable figure. The assignment of the duties of enforcement to existing State commissions or boards which already have field deputies or wardens obviates the creation of any special offices for execution of the mussel laws.

The question of whether steps should be taken to raise special funds on account of the additional burdens that would be placed upon the present boards is one that would be determined by each State in the light of its own conditions and established customs. It would be very undesirable to create a burdensome tax; to do so would only react against the State, and in the end the tax would be paid by the shellers, who are now making only a meager living, for the local shellers would have to sell in competition with the shellers from States where more liberal conditions prevail.

It is another matter, however, to require a nominal license fee for the privilege of working upon the public mussel beds. Such a fee need not be greater than $1 or $2 per season, an amount which could be paid by anyone who wished to shell seriously. Perhaps the idea of a fee of any kind would arouse some antagonism among a certain class of shellers who would enjoy the public stores without return of any kind. Some shellers favor such a license system, and the writer believes that they must all eventually come to see that it works to their own particular advantage in many ways. It tends to create a class of professional shellers, besides providing the necessary means for promoting the abundance of shells.

SUMMARY OF RECOMMENDED LEGISLATION.

The legislation recommended for protection of mussel beds, based upon the considerations discussed in the preceding pages, may be summarized as follows:

I. (_a_) A single size limit should be fixed as applicable to all shells taken. The minimum size here proposed is 2 inches.

(_b_) The method of measuring the shell should be defined as "in greatest dimension."

(_c_) Possession of undersized shells, whether or not sold or offered for sale, should be illegal.

(_d_) There should be an allowable margin of undersized shells for unintentional violation.

II. (_a_) Alternate portions of rivers or river systems should be closed for a period of years, to permit recuperation of mussel beds.

(_b_) The units of division of a river system should be large enough to make enforcement practicable with least expense.

(_c_) The river would conveniently be broken at the few points where there is most community interest involved in the shelling.

(_d_) Approximately five-year periods of closure are recommended, with some discretion allowed to executive officers as to duration of period.

(_e_) Closed regions should be established by proclamation of the governor of the State, after expert examination of the mussel beds and after public hearings on the subject in the communities affected.

III. (_a_) Officers charged with enforcement of the law should be empowered to examine mussels or shells in boats or on land and to seize the catch in case of violation, as well as to arrest or cause arrests to be made.

(_b_) Provision should be made for the issue of permits for the taking of mussels of any size or in any region for scientific uses and not for sale.