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diff --git a/43177-0.txt b/43177-0.txt new file mode 100644 index 0000000..e3534ef --- /dev/null +++ b/43177-0.txt @@ -0,0 +1,1157 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 43177 *** + +Transcriber's note: + +Italics is represented with underscore _, bold with the equal sign = +and small caps with ALL CAPS. Everything (including inconsistent +hyphenation and spelling) has been retained as printed, unless stated +below: + +p. 7: "in the Misippi River" Misippi changed to Mississippi. + +Some words were broken up due to line endings. As they only occur once +in the book it's not absolutely clear if they should be hyphenated or +not. This concerns the words: short-sightedness, sand-shell, +head-waters. + + + + + DEPARTMENT OF COMMERCE + BUREAU OF FISHERIES + + HUGH M. SMITH, Commissioner + + THE PROTECTION OF FRESH-WATER + MUSSELS + + =By R. E.COKER, Ph. D.= + + _Director U. S. Biological Station + Fairport, Iowa_ + + Bureau of Fisheries Document No. 793 + + WASHINGTON + GOVERNMENT PRINTING OFFICE + 1914 + + + + + THE PROTECTION OF FRESH-WATER MUSSELS + + =By R. E. COKER, Ph. D.= + + _Director U. S. Biological Station, Fairport, Iowa_ + + Bureau of Fisheries Document No. 793 + + + + + CONTENTS. + + + Page + Present conditions 3 + The mussel industry 3 + Depletion of the resources 4 + The interests of the community 5 + Artificial propagation of mussels by the Government 7 + Establishment of propagation 7 + Results dependent upon protection 8 + Protection 9 + Essential considerations for effective legislation 9 + Examination of protective measures 10 + Two measures for immediate application 10 + Measures not suited to existing conditions 10 + Size limit--necessity and application 12 + Exhaustive nature of the fishery 12 + Waste illustrated 13 + Size limit in relation to economy 15 + Reasons for the proposed 2-inch limit 16 + Details essential to effective legislation 17 + Closed regions--necessity and application 18 + Injury to spawning mussels and to young 18 + Considerations determining size of closed regions 19 + Practicable division of river systems illustrated 20 + Procedure for establishing closed regions 21 + Enforcement of the law 22 + Summary of recommended legislation 23 + + + + + THE PROTECTION OF FRESH-WATER MUSSELS. + + + By R. E. COKER, Ph. D., + + _Director United States Biological Station, Fairport, Iowa._ + + + + + PRESENT CONDITIONS. + + + THE MUSSEL INDUSTRY. + +The history of the fresh-water mussel industry gives illustration of +the promptness with which an American industry may be developed once +the pathway is found. Undertaken in a small way scarcely more than a +score of years ago, the manufacture of pearl buttons began almost +immediately to assume the proportions of an important national +industry. As early as 1898, when the enterprise was only 6 years old, +there were about 50 factories in more than a dozen towns along the +Mississippi. With improved machinery and methods further expansion +occurred, until within a few years the output approximated 30 million +gross of buttons, with a value of many millions of dollars. The growth +of the industry has continued to the present time, but exact figures +will not be available until the Bureau has completed a statistical +survey now in progress. + +Not less important has been a resultant economic change, or +modification of custom, that has affected practically every person in +the country. Where marine pearl was in rare use, fresh-water pearl, +with its quality and price, came to fill a universal requirement. In +one decade pearl buttons were high in price, used only upon the better +clothing, and commonly saved when clothing was discarded, while in the +most general use were buttons of metal or agate or wood, which rusted +or broke or warped. In the next decade good pearl buttons, neat and +durable, were available to everybody and used upon the widest variety +of clothing. A former luxury had become a common necessity. + +Coincident with the rise of the manufacturing industry, there developed +an important and widespread fishery, directly employing thousands of +persons and indirectly affecting persons and communities of varied +occupation. Commencing on the Mississippi River, the fishery gradually +spread from stream to stream, passing from depleted territory to new +and rich fields, until it embraced practically the entire Mississippi +Basin and a portion of the Great Lakes drainage, from Minnesota to +Louisiana, north and south, and from Ohio, West Virginia, and Tennessee +on the east to Arkansas, Kansas, and South Dakota on the west. + + + DEPLETION OF THE RESOURCES. + +Extension of territory could not be continued indefinitely. While up to +the present time the industry has not failed to obtain shells in +quantity sufficient for the market demands, it has become perfectly +clear that the perpetuation of the industry as one producing a staple +product that is both good and within reach of all people depends upon +successful propagation and effective protection. The supply is now +maintained by regularly invading new territory (and it is scarcely +possible to go farther in this direction), by seeking out the smaller +tributaries of the mussel streams, which could not formerly have been +worked with profit, and in some measure by the devising of methods that +are more effective in capture of mussels. Notwithstanding these +developments, all of which indeed conduce to more exhaustive fishery, +an increasing proportion of very small shells is being taken, the +bottoms are being more thoroughly cleaned, and the price of shell has +advanced to a relatively high figure. + +A high price for shell has, of course, its advantages. It is good for +the fishermen, provided they can find the shells, and it stimulates the +manufacturers to eliminate waste and to use the most economical +methods. On the other hand, if unbalanced by protective restrictions, a +continued rise in price is of disastrous consequence. It impoverishes +the beds by driving the fishermen to the most exhaustive manner of +fishing; even the very smallest shells that can be captured, which +should never be removed from the beds, are taken and marketed, and +this, unfortunately, is the actual case at the present time. (See pl. +I.) Ultimately the higher price of shell becomes an element in the +price of the finished product and is paid by the public at large +without corresponding advantage to a single person connected with the +industry. + +Let it be repeated that a high price to the fishermen is desirable, but +in the present condition they reap no benefit. A higher price for a +disproportionately smaller product brings no added profit. None are so +directly interested in the conservation of mussels as the fishermen +themselves. + +Of what advantage is it to the fishermen of the Wabash River, or to the +State of Indiana, that shells are now more valuable, when a river that +once supported a really important shelling industry is now practically +depleted? Wherein is the benefit to Illinois, when only one fisherman +can engage in shelling to-day where six worked with profit five years +ago? What profit will Arkansas find, when its rivers are now the scene +of the most exhaustive mussel fishery ever known and the future is +being robbed by the removal of infant shells that are shipped to the +markets to be subsequently thrown into the discard by the manufacturers +as too small for any useful purpose? + + + THE INTERESTS OF THE COMMUNITY. + +An earlier general interest in the subject would have been awakened had +there been a better knowledge of the importance of shelling industries +to the communities at large. As an illustration, the case of Madison, +Ark., may be mentioned. The town itself has a population of about 300 +and is supported by lumbering, farming, and fishing industries. During +each of the past two years shells and pearls have been marketed at this +place to the value of about $20,000. This was a crop that could be +counted upon regardless of weather conditions during the season, and it +constituted a substantial element in the income of the community at +large. Can this income be counted upon in the future? A dozen years ago +fishermen made their wages when shells brought $4 per ton, and they can +do no better at this time, when they receive $23 per ton. In 1913 they +took 200 to 300 pounds per day, where originally they made daily hauls +of 1,000 to 1,800 pounds. The shells are now, it appears, about +one-sixth as abundant as they were a dozen years ago. This is a rapid +rate of depletion, and it is evident that the future can have little to +offer unless something is done to insure the self-perpetuation of the +mussel beds. + +The town of Black Rock, Ark., which has a population of about 1,000, +offers an illustration where both fishing and manufacture are involved. +It is estimated that approximately $50,000 is brought into the town and +the territory about it each year, of which by far the greater amount is +paid out in the town of Black Rock itself. What does the future hold +for this place? Reliable information shows that while a few years ago a +sheller could take 1,200 pounds or more per day from the Black River at +Black Rock, the daily catches now run from 100 to 200 pounds. Although +shells are bringing about $20 per ton, there is scarcely a daily wage +to be made, and as a consequence the shell fishery immediately about +Black Rock is almost negligible. The shelling is now prosecuted +principally above Black Rock, in the upper waters and tributaries of +the Black River, as about Pocahontas and elsewhere. The process of +depletion is unchecked and the condition is clearly such as to awaken +the enlightened sentiment of the community and the State at large to +support measures that will insure permanent life and prosperity to the +industry. Here is a business that yields a relatively fixed return in +comparison with agricultural industries, which are so generally +affected, favorably or unfavorably, by the vicissitudes of weather +conditions. + +It is of much more immediate concern to the community at large than it +is to the purchasers of shells or to the shellers themselves that the +resources of a particular region should be conserved. It is a +comparatively simple matter for the manufacturer to strip his plant and +to remove his machinery to another locality with undepleted resources; +it is an easy thing for the sheller, with his scant equipment in a +house boat, to float down the river, looking to find another temporary +home where his labors may be more profitable. It is the interest of the +community that is threatened. The loss of a substantial industry +affects the profits and the welfare of innumerable persons who may have +known little of their indirect interest in a business in which they did +not immediately participate. The communities most immediately affected +are those of the river towns which, as a general rule, are too limited +in their sources of fixed income. + +From the standpoint of community economy, an unfortunate feature of the +mussel fishery, as it has been pursued up to this time, has been its +nomadic character. The policy everywhere has been to clean up the beds +of a locality, or of a stream as a whole, and then to move to new +regions. Temporary cutting plants, or "factories," have frequently been +established in the vicinity of active shelling, to move subsequently as +the local fishery passed away. Only the larger and more firmly +established branch plants of the principal factories have maintained a +fixed location. + +It will be brought out later in this report that it does not appear +possible to insure the best condition of the mussel beds, except by +some plan of rotation; but it would be desirable and favorable to the +interest of all for the mussel fishery to be a permanent and dependable +feature of the industrial life of the broader communities, if not of +particular restricted localities. + +The perpetuation of the mussel resources may well receive the best +consideration of every State concerned and of the National Government +as well. It affects the welfare of thousands of shellers, of hundreds +of river towns over the broad Mississippi-Missouri Basin, of +manufacturers and laborers, east and west, and, it might be said, of +every user of pearl buttons, which comprises practically the entire +population of the country. + +The Government and the States can accomplish the desired object by two +principal means--artificial propagation and legislative protection. It +is the province of the present paper to deal primarily with the +subject of protective measures, but it will be advisable to give first +an abbreviated account of the conditions and possibilities of +artificial propagation, especially as the results of propagation will +be greater or less according to the degree of protection extended to +the young mussels. + + + + + ARTIFICIAL PROPAGATION OF MUSSELS BY THE GOVERNMENT + + + ESTABLISHMENT OF PROPAGATION. + +The Bureau of Fisheries has always maintained an active interest in the +development of the fresh-water mussel fishery of America, which, in its +importance and breadth of territory, is entirely unique in the world. +As early as 1897 and 1898, the shell fishery being then only 4 or 5 +years old, the Fish Commission undertook investigations relating to the +various phases of the industry, and several reports were published +dealing with the natural history of mussels, the shell and pearl +fisheries, and the button industry. In a general report on the subject +Dr. Hugh M. Smith then recommended measures for the protection of +mussels. No action followed, and in consequence the scene of the most +important fisheries has greatly shifted since that time. + +Some years later there began a special investigation of the +reproduction of mussels, which resulted in the methods of artificial +propagation as developed by Prof. Lefevre and Prof. Curtis, of the +University of Missouri, in association with the Bureau. The Government +then established the Fairport Biological Station to engage in the +propagation of mussels and the studies of mussel problems, besides +exercising wider activities in fishery investigations. For a number of +years field investigations relating to the distribution, habits, and +conditions of life of the mussels have been prosecuted by the staff and +associates of the Bureau throughout the Mississippi Basin. + +For the first two years at the Fairport station mussel propagation was +carried on in an experimental way, but beginning with 1912 the +practical operations have been conducted upon as large a scale and over +as wide a territory as the available resources permitted. During the +past two years mussels have been propagated chiefly in the Mississippi +River from Lake Pepin, in Minnesota, to New Boston, Ill.; in the Wabash +River in Indiana, and in the White and Black Rivers of Arkansas. During +the year ended June 30, 1913, about 150,000,000 glochidia, or young +mussels, were put out, and in the first half of the present fiscal year +that number is fully equaled. Such figures appear large. It is not +difficult by the methods of propagation to handle considerable numbers +of glochidia; indeed, it is necessary to work on an ample scale, for in +mussel propagation, as in most forms of fish culture, what we can now +do is to aid the young over the most critical period in their life +history, after which they must be left to continue the struggle for +existence by their own efforts. + +We therefore plan to work in such a way that, even with the liberal +discount that nature will surely apply to our returns, there may be +left a real measure of benefit gained without undue cost. Many of the +young will be lost from falling upon unsuitable bottoms and from many +other unfavorable conditions, such as confront every young mussel in +nature with more or less frequency. We would like to remove all of the +unfortunate conditions productive of loss, both to the mussels that we +put out and to those that are propagated entirely by natural means; but +this, of course, is not possible. There are, however, artificial +conditions which do injury to the younger mussels, and it is both +desirable and practicable to prevent such damage as far as can be done +reasonably. + + + RESULTS DEPENDENT UPON PROTECTION. + +In the regular fishery for mussels the beds are continually dragged +over with rakes, tongs, crowfoot hooks, or dredges. It is inevitable +that the young mussels will suffer to some extent from this process. It +is quite unnecessary, however, for the "infant" mussels, many of them +too small for any use at all and many more too small for any economical +or proper use in manufacture, to be entirely removed from the beds. +Mussels are thus uselessly destroyed that might be left to grow to a +size at which they would be both commercially valuable and properly +usable; meantime, too, they might take their natural part in the +reproduction of the species. + +Furthermore, it would be desirable to leave portions of the rivers +entirely undisturbed by the operations of shelling during periods of +some years. This would accomplish a double object--it would leave the +best conditions for the natural reproduction of the remnant of the old +stock and for the growth of the young mussels and at the same time it +would create a series of reserves in which artificial propagation could +be carried on with the best conditions for maximum results. In such +closed regions the young mussels would have to contend against only the +normal unfavorable conditions which all mussels have ever had to +withstand, without an added toll of destruction being taken by the +direct and indirect effect of the operations of men. + +The simple "closing" of a depleted region, if the exhaustion has not +proceeded too far, may be expected to lead to sure betterment, and even +in time, if the closure were for a very long period, to a 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 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. + +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. + +_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. + + + SIZE LIMIT--NECESSITY AND APPLICATION. + + + EXHAUSTIVE NATURE OF THE FISHERY. + +The necessity for imposing restrictions upon the size of mussels to be +removed from the beds is brought out more clearly by the photographs +than could be done by any lengthy discussion. All of the shells shown +in plates I and II were actually taken for market, sold, and shipped to +the factory. The smallest ones (in the three upper rows on plate I) +were not wanted at any factory; they were bought only because the +fishermen had thrown them into the piles along with the larger shells, +"to add weight." Most of the very smallest shells, those under 1 inch +in length, are subsequently lost in handling, by falling through the +forks or otherwise wasting as they are thrown into the car or from the +car to the bin. None of the shells in the three upper rows of plate I +would ordinarily be used by any manufacturer. It is true that some of +the shells shown have had one blank cut out, and these were actually +cut at a commercial plant, but the instance was a very rare one and was +certainly unprofitable. Even if the manufacturer desired it, the +cutters will not handle shells from which only one blank can be cut, +since the waste of time outweighs the saving of material. + +[Illustration: U. S. B. F.--Doc 793. Plate I. + +SMALL SHELLS ACTUALLY MARKETED. ALL EXCEPT THOSE OF THE THREE LOWER +ROWS SHOULD BE LEFT IN THE RIVERS. + +[About one-half actual size, which is shown in inches at right of +plate.]] + +[Illustration: U. S. B. F.--Doc 793. Plate II. + +LARGER SHELLS MARKETED AND ADVANTAGEOUSLY USED. + +[About one-half actual size, which is shown in inches at left of +plate.]] + +Consequently all shells less than about 1½ inches in length, no +matter what the quality, are thrown into the discard. _There can be no +difference of opinion as to the pure wastefulness of taking shells of +this size._ + +The shells shown in the illustration are not the smallest that could be +found. Some shells observed in the fishermen's boats were only one-half +inch in the greatest diameter. Out of the water these are entirely +without use. The fisherman who saves them, thinking that they add +weight to his heap, would doubtless be surprised to learn that he would +have to handle several times and clean 200 of such shells to add 1 cent +to his earnings, for it would take nearly half a million of them to +make 1 ton. + +The shells in the fourth and fifth rows, counting from the top in plate +II, are used at the factories when received, and are sometimes +particularly favored where the quality is as good as in those from many +Arkansas rivers, and the shells will yield two or three blanks of 16 to +20 lines. Such blanks are of a suitable thickness and work up +economically besides having a good quality. Some of the shells in these +two rows show how blanks of 18, 16, and 14 lines are worked out, a +"line" in button measure representing the fortieth part of an inch. + +The use of shells taken between 1½ and 2 inches in greatest diameter +does not, therefore, like the marketing of those under 1½ inches, +represent absolute waste, but it does denote relative waste or real +short-sightedness from the economic point of view. Shells of this size +will average about 30,000 pairs to the ton, while mussels of such a +practical size as 2½ inches will average only 15,000. The number of +blanks obtained from a ton of shells of the latter size would be just +the same as from a ton of the smaller shells, notwithstanding that only +half as many shells are handled. _We are thus, when using the smaller +shells, depleting the mussel beds at twice the necessary rate without +any corresponding advantage._ + + + WASTE ILLUSTRATED. + +There is given below a table that will repay careful examination as +illustrating the wastefulness of using the small shells. While the +figures must be understood to be only approximate, they are based upon +careful weights and counts of a number of shells from several +localities. The shells were all "niggerheads" and were all obtained +after shipment to factories. + +The first two columns show the limits of size for each lot used, the +greatest diameter being the basis of measurement. + +The third column shows the approximate number of pairs of shells +composing a ton, the unit of purchase; multiplying this number by 2 +would give the number of single shells per ton. + +In the fourth column there is given, in the case of the critical sizes, +the number of 18-line blanks readily taken from a single shell (which +is one-half the number yielded by a pair of shells, or an individual +mussel). + +The fifth column indicates the number of gross of blanks, by +computation, yielded by a ton of shells. This computation is based upon +the cutting of 18-line blanks (not the larger 20-line blanks that have +been taken from some of the larger shells in the illustration). Some of +these shells are cut excessively close to the tips, on account of +taking too many larger line blanks. It must be understood that +different sized shells are adapted for different lines of buttons. The +data herein is for comparative purposes only. + + TABLE OF SIZES, WEIGHTS, AND BUTTON PRODUCTION FOR NIGGERHEAD SHELLS + (APPROXIMATE FIGURES). + + +-------------------+----------+-----------+-------------+---------------+ + | Longest dimension.| Number of| 18-line | Quantity | | + +-------------------+ mussels | blanks | of blanks | Refer to | + |Greater Less | per ton. | per single| per ton. | illustration. | + | than-- than-- | | shell. | | | + +-------------------+----------+-----------+-------------+---------------+ + | Inches. Inches. | | | Gross. | Plate I-- | + | | | | | | + | ¾ 1 | 174,000 | | | 1st row. | + | 1 1¼ | 110,000 | | | 2nd row. | + | 1¼ 1½ | 55,000 | | | 3rd row. | + | 1½ 1¾ | 33,000 | 2 | 917 | 4th row. | + | 1¾ 2 | 26,000 | 3 | 1,008 | 5th row. | + | 2 2¼ | 20,000 | 4 | 1,111 | 6th row. | + | 2¼ 2½ | 15,000 | 5 | 1,042 | 7th row. | + | 2½ 2¾ | 10,500 | 6 | 875 | 8th row. | + | | | | } | { | + | 2¾ 3 | 8,500 | [B]7-8 | }Gradually | {Plate II-- | + | 3 3½ | 6,200 | [B]10 | }diminishing| {1st row. | + | 3½ 4 | 4,000 | [B]12 | }to less | {2nd row. | + | 4 | 3,200 | [B]14 | }than | {3rd row. | + | | | | }650 per | {4th row. | + | | | | }ton. | { | + +-------------------+----------+-----------+-------------+---------------+ + + [B] At the time of making this table only a few of the larger-sized + shells were available, so the estimates of blanks are less accurate. + +It may be seen from the table that a marketable ton of niggerheads +could be composed of the shells of 3,200 or of 33,000 mussels, +according as the shells were 4 inches in length or only 1½ inches. +As a matter of fact, no marketed ton is ever composed of mussels of an +exactly uniform size; furthermore, the extremely large niggerhead +shells are very rare and generally not very desirable on account of +inferior quality and disproportionate waste. A ton of shells from a +region of depletion will also include a number of the smallest and not +strictly marketable shells. + +Now, let us take a concrete illustration: Several counts of mussels +gathered by shellers in the white River near Clarendon, Ark., were made +in October, 1913; from these an average was taken that fairly +represents the catches being made at that time in that region. It was +found that 60 per cent by number of the shells taken were of a size +less than 2 inches in greatest dimension; also that a ton of shells +comprised 20,500 pairs, of which 12,300 were less than 2 inches. Now, +it is evident that if these smaller shells were returned to the bed we +would be depleting the bed less than one-half as fast as at present. +This would be the substantial advantage that such a size limit would +have to the mussel beds; and any advantage to the mussel beds is an +ultimate advantage to the fishermen, manufacturers, and all others in +any way dependent upon the perpetuation of the mussels. Under the +working of a 2-inch size limit, 60 shells out of every 100 then being +taken on the niggerhead beds of that vicinity would have been thrown +back. This seems to be asking a good deal, but not so much as at first +appears, for the undersized shells constitute only 38 per cent of the +weight or selling value of the shells taken. + +On the other hand, both sheller and manufacturer would be saved the +trouble of handling over and over again an unnecessarily large number +of shells. A ton of shells (from the same locality) comprising only +those above 2 inches in greatest dimension would contain about 13,000 +pairs, or 37 per cent less than the number now found in a ton (20,500), +while these shells, the smallest ones being eliminated, would produce +at least 10 per cent more buttons of corresponding sizes. + + + SIZE LIMIT IN RELATION TO ECONOMY. + +The figures given above are, of course, based upon counts and +computations of shells from a particular locality and must not be +assumed to have any general application, but the facts and principles +derived do have a universal bearing. If such a size limit as 2 inches +is adopted, the saving to the mussel beds and to the future of all +interested parties is out of all proportion to the immediate loss to +any party; and even the immediate loss is to some extent compensated by +the saving resulting from having to do with a lesser number of shells +that yield a greater number of buttons per ton. + +Undeniably some temporary sacrifice is entailed, but unless it be +admitted that temporary sacrifice will be accepted, it is useless to +consider any manner of restriction for ultimate benefit. + +There is one point that is brought out in the table on page 14 that +merits attention from the broad standpoint of economy. In all shells +there is a proportion of unavoidable waste, since the entire weight of +the shell can not be transformed into buttons. In very small shells we +may expect an undue waste, on account of the fact that only one or two +blanks can be cut out, leaving a larger bulk of shell in proportion to +the number of blanks gained. On the other hand, in very large shells a +high degree of waste is involved because of excessive thickness, which +must be ground from the blanks, and because of the extra weight of the +discarded portion. Somewhere between these extremes is the size of +shell that yields the largest number of blanks as compared with the +waste or the weight of shell that does not go into buttons. As shown by +the data in the fifth column of the table, the shells a little above 2 +inches in size are those (for this species) that make the best yield +per ton for the small lines for which there is the greatest general +demand. + + + REASONS FOR THE PROPOSED 2-INCH LIMIT. + +Argument might be made in favor of a higher size limit as being still +more favorable to the preservation of the mussels, but it is sufficient +to say that the economic conditions would not justify a higher limit. +At 2 inches a sufficiently severe restriction is placed upon the +fishery, and to go further would be practically to prohibit the pursuit +of shelling in so many localities that excessive hardship would be +caused. + +As consideration thus far has been given almost exclusively to the +niggerhead shell, the question may well be raised, Will the same limit +apply to other species of shells? The minimum size of 2 inches +suggested can be taken as an absolute minimum, since there is no +species of any importance for which it would be too high. This minimum +would not, however, give the same degree of protection to the larger +forms, such as the washboard, the bluepoint, and the mucket. Should a +minimum size be fixed with particular reference to any one of these +varieties, it would necessarily be a good deal higher. + +In the present paper recommendation is made for this one-size limit +alone, for the following reasons: + +1. All conditions considered, it is the most appropriate limit that +could be designated for the niggerhead mussel, which is at present the +most important species of wide distribution, and which is, furthermore, +the species most liable to rapid extermination. This and species +closely like it, as the pigtoe, the pimple-back, and the maple-leaf, +are chiefly those that are now being taken in the very small sizes. + +2. The same size applies equally well to the related species just +mentioned, as well as to the "hickory-nut," or "Missouri niggerhead," +and the "butterfly." + +3. The larger species, as the "washboard," "bluepoint," and "mucket," +are generally so evidently valueless in the small sizes that shellers +do not take them. At least it is not yet of observation that particular +injury is being done to these species in this way. + +4. To insure the least trouble of enforcement of the law, it is +necessary that a minimum size be set, below which no shells of any +species may be retained. There are many different species of commercial +mussels, and some of them so intergrade as to make exact determination +a nice matter in some cases. Distinct size limits for the different +species would introduce peculiar difficulties into the practical +workings of enforcement; it would be more troublesome to the sheller to +observe the law voluntarily, and loopholes for evasion would more +easily be found by the offender of wrong intent. + +Should conditions in certain States or streams subsequently require a +higher limit for particular kinds of shells, a supplemental limit may +be fixed for designated species; but this could be done without +affecting the application of a 2-inch limit as an absolute or universal +limit below which no shells of any species could be lawfully taken. It +is desirable that few different limits should ever be used, and it +seems expedient to have but one size limit until the first legislation +shall have been tried out. + + DETAILS ESSENTIAL TO EFFECTIVE LEGISLATION. + +In concluding this section emphasis may be laid on the value of certain +details of legislation. + +_Allowable margin of undersized shells._--While it may seem desirable +that no undersized shell at any time should be taken away, nevertheless +it is necessary to make allowance for a margin of unintentional error. +Only if the shellers and buyers were to apply an instrument of measure +to each individual shell would all possibility of error be eliminated. +The sheller will naturally, after a few measurements, come to judge by +the eye, and it is desirable that the law should be somewhat liberal, +rather than too stringent in the allowance for mistakes. There should, +accordingly, be a supplemental provision that if not more than 5 per +cent of the shells by number (not by weight) of any bushel are found to +be below the size limit, the law shall not be presumed to be violated. + +_Illegal possession._--To be practicable of enforcement, the law should +be so worded as to make it illegal not only to bring ashore or to offer +for sale, but also to have in possession, fresh-water mussels or clams +of a size less than 2 inches in greatest dimension. This one provision +will obviate much unnecessary expense, as well as undesirable +complications in the detection of violations and the prosecution of +offenders. Furthermore, since buyers of the shells would be equally +liable to prosecution, the effect would be to destroy the market for +undersized shells, and thus in the most effective way to restrain the +shellers from taking them. + +_Method of measuring mussels._--It will be noted that the method of +measure is stated as "in greatest dimension," with a view to +eliminating every possibility of uncertainty or difference of opinion. +Mussels are sometimes measured in length or width or height, but on +account of the irregular form of mussel shells these dimensions are not +always interpreted in the same way. In testing the blank-making +capacity of a shell, commercial men sometimes measure the "width on the +face"; that is, between the lateral hinge tooth and the lower margin of +the shell. This measure can of course only be taken from an open shell, +and therefore could not serve for our purpose. It is worth while to +call attention to the fact that a 2-inch shell as measured in greatest +dimension would be a good deal smaller than a 2-inch shell in +commercial measurement. + +An inspector would need to be equipped with an ordinary rectangular +caliper. If a shell should be found to measure more than 2 inches in +any linear direction it would be considered as above the size limit. + + + CLOSED REGIONS--NECESSITY AND APPLICATION. + +In addition to the provision of size limits it is strongly recommended +that certain portions of the rivers be closed for rest periods covering +several years. It might be thought that in regions of extreme depletion +the operation of a size limit would, by making the fishery less +profitable, have the effect of causing a practical rest period, but +this can not be expected, for, stimulated by the high price of shells +and the ever-present hope of making a pearl find, the local shellers +will hardly ever desist entirely from the fishery. + +No better way of giving protection to mussels can be found than that of +entirely stopping the shelling upon a series of beds, although the plan +must be applied in such a way as not to reduce the supply of mussels +unduly and suddenly and with as careful regard as possible to the +established interest of communities. + + + INJURY TO SPAWNING MUSSELS AND TO YOUNG. + +Some of the conditions that make a system of closed regions +particularly advisable for the conservation of fresh-water mussels may +be briefly mentioned: + +1. It has been previously stated that some of the mussels are spawning, +or with spawn, during any period of the year. Many of the most +important species are spawning during the late spring, early and mid +summer; other equally important species form their eggs in the late +summer, when they become fertilized and develop into the glochidium +stage, but the mother clam retains them in marsupial pouches within her +shell during the entire winter and even into the summer. All species of +mussels carry the eggs in the marsupial pouches during the process of +development to the glochidium stage or longer, whether the period be +for a few weeks or for a few months. In this condition the mussels are +said to be gravid. It is readily observed that when gravid mussels are +disturbed they frequently discharge the young, regardless of whether +these are mature enough to be liberated from the parent or not; certain +species, such as the niggerhead, are particularly likely to do this. + +In the commercial fishery, therefore, not only is much spawn destroyed +when large gravid mussels are captured, but it is quite probable that +other mussels, disturbed on the bottom, though not captured, are caused +to abort the young in an immature stage when they are entirely unable +to complete the development without the parent. + +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. + + + + + +End of the Project Gutenberg EBook of The Protection of Fresh-Water Mussels, by +R. E. Coker + +*** END OF THE PROJECT GUTENBERG EBOOK 43177 *** |