History of Molluscan Fishery Regulations and the Shellfish Officer Service in

HENRY LIND

Introduction section of the peninsula was stocks substantially. A description of named Eastham, with reference to a the oyster fishery in the northern part The beds of oysters, Crassostrea section of London known as East Ham, of the town now named Wellfleet stated virginica, and softshell clams, Mya and it included what is now known as “. . . Oysters were found in great abun- arenaria, on the south coasts of Cape Wellfleet, Eastham, and Orleans (Fig. 1). dance on the flats, at the first settlement Cod Bay, Mass., must have staggered This area so reminded the settlers of the but at this time the number of people had the minds of the settlers of the bountiful Billingsgate ward of London so increased and such quantities were Colony in the 1620’s because they were that they gave that part of the land the taken for local consumption and for extensive and well populated. The outer same name. The town of Eastham was Boston market, that it became necessary incorporated in 1651. From 1641 to to prevent their entire destruction for 1647, every family was permitted unlim- the district to take measures to preserve Henry Lind serves as Director of the Town of ited harvest of the oysters and softshell and propagate them” (Pratt, 1844). In Eastham Natural Resources Department, 555 Old Orchard Road, Eastham, MA 02642. His clams for home consumption and use as 1772, an Act of the General Court of appointment includes that of Shellfish Constable, bait for catching finfish (Pratt, 1844). Massachusetts was passed regulating Harbormaster, and Conservation Agent. This paper describes the regulations the taking of oysters in Billingsgate Bay enacted to conserve the molluscan (near Wellfleet). The residents disagreed stocks because they were being har- and, “Now voted by the district to ask vested in increasingly larger quantities the court to repeal the act so that in the ABSTRACT—Oysters, Crassostrea vir- as time passed, and the development three summer months they should not be ginica, and softshell clams, Mya arenaria, along the Massachusetts coast were har- of the Massachusetts shellfish officer taken for Boston market, nor in July and vested by European colonists beginning in service (Table 1) (Fig. 2). Some of the August for the use of the inhabitants” the 1600’s. By the 1700’s, official Com- information was obtained from town (Pratt, 1844). monwealth rules were established to regu- records in Eastham and a book authored In 1773, the inhabitants of the late their harvests. In the final quarter of the 1800’s, commercial fishermen began by R. A. Rider (1989). town voted to the effect that “whereas harvesting northern quahogs, Mercenaria the oyster fishery in this district was mercenaria, and northern bay scallops, First Regulations the principal support of many of the Argopecten irradians irradians, and regu- Massachusetts coastal communities inhabitants and of great advantage to lations established by the Massachusetts have had “wardens” for many years who the province in general and whereas Legislature were applied to their harvests also. Constables (also termed wardens), were responsible for the management it had been greatly hurt and damaged whose salaries were paid by the local and oversight of the towns’ fisheries by persons taking the young oysters towns, enforced the regulations, which cen- (Fig. 3). In the first half of the 1700’s, and would be ruined if not timely tered on restricting harvests to certain sea- the unregulated taking of game, fish, prevented, it was agreed to make and sons, preventing seed from being taken, and personal daily limits on harvests. In 1933, and shellfish drove many species to the adopt bylaws to preserve them. A the Massachusetts Legislature turned over brink of extinction. In 1739, Massachu- committee was chosen to enforce the shellfisheries management to individual setts enacted game laws and employed penalty against all persons who should towns. Local constables (wardens) enforced “State Game Wardens” to enforce envi- violate the regulations” (Pratt, 1844). the rules. In the 1970’s, the Massachusetts ronmental laws. Many towns appointed Thus perhaps the first enforcement Shellfish Officers Association was formed, and was officially incorporated in 2000, to their own, mostly volunteer “Game there was accomplished by committee. help the constables deal with increasing Protectors” (Malone1). By 1769, har- After 1773, shellfish became a town environmental problems in estuaries where vesting had diminished the molluscan responsibility for the first time (Rider, fishermen harvest mollusks. The constables’ 1989). There is some evidence that stewardship of the molluscan resources and the colonial subjects were frustrated the estuarine environments and promotion 1Malone, Brian G., Director of Natural of the fisheries has become increasingly Resources, Town of Dennis, Mass., Personal with the British rule and perhaps this complex. commun., 2009. factored into the general sentiment

50 Marine Fisheries Review Figure 2.—A shellfish constable is Figure 1.—Location A was the site of the Plymouth Colony, and Location B was discussing matters with a softshell the site of Eastham. The coastline of Massachusetts has been grouped into 7 areas clam harvester in Orleans. The pho- that contain towns or cities producing commercial mollusks. Area 1 has 12 towns: tographers of this and all other images Salisbury, Newburyport, Newbury, Rowley, Ipswich, Essex, Gloucester, Rockport, were various shellfish constables. Manchester, Beverly, Marblehead, and Salem—principal species: softshell clams; Area 2 has 10 towns: Swampscot, Lynn, Nahant, Revere, Winthrop, Boston, Quincy, Table 1.—History of actions to protect natural resources Weymouth, Hingham, and Hull—principal species: softshell clams; Area 13 has 6 in town of Dennis, Mass. (Malone1). towns: Cohasset, Scituate, Marshfield, Duxbury, Kingston, and Plymouth—princi- pal species: softshell clams and oysters; Area 4 has 13 towns: Sandwich (no fish- Year Actions ery but shares one with Bourne), Barnstable, Dennis, Brewster, Eastham, Wellfleet, 1869 Fish Committee formed. Truro, Provincetown (shares a fishery with Truro), Orleans, Chatham, Harwich, Yar- 1903 Town appoints first volunteer “Fish Wardens.” mouth, and Mashpee—principal species: quahogs, softshell clams, oysters, and bay 1935 Town appoints volunteer “Fish and Game scallops; Area 5 has 8 towns: Bourne, Falmouth, Wareham, Mattapoisett, Fairhaven, Wardens.” 1936 Town appoints volunteer “Shellfish and Clam New Bedford, Dartmouth, and Westport—principal species: bay scallops, quahogs, Wardens.” and oysters; Area 6 has 6 towns: Oak Bluffs, Edgartown, West Tisbury, Tisbury 1939 Town appoints volunteer “Shellfish Constables.” (Vineyard Haven), Chilmark, and Aquinnah—principal species: bay scallops and 1941 Town appoints first full-time salaried “Shellfish quahogs; and Area 7 has 1 town: —principal species: bay scallops. Constable.” 1963 Town appoints a person to position of “Conservation Officer.” 1969 Town adds two assistant positions to town regarding the revolutionary tone of permit in the other town as if they were roster: 1) assistant “Shellfish Constable” and the times. In 1781, a town meeting in assistant “Conservation Officer.” a resident of that town. This remains 1975 Title of “Conservation Officer” is changed to Wareham voted to join with the town one of the few instances of towns in the “Natural Resource Officer.” of Sandwich to ask the Massachusetts commonwealth where the shellfishery The title “Shellfish Constable remained. General Court to pass an act to pre- was shared on a commercial level 1 Malone, Brian G., Director of Natural Resources, Town of serve the shellfish (Rider, 1989). between neighboring towns. In addi- Dennis, Mass., Personal commun., 2009. In 1763, what is now Wellfleet, tion, the towns recognized the need for which had large oyster populations, regulations and their enforcement to was 500 barrels in 1800 and 1,000 became a separate entity, and soon protect the molluscan resources due to barrels in 1802; from 12 to 18 bushels after the American Revolution, 1775– their high value. The threat of overfish- were required to fill a barrel which was 83, the large land area of Eastham ing oysters was so great that the town then worth $6.00 when full. From 100 began to be further divided. In 1797, selectmen voted to choose a committee to 200 persons were employed at least the southerly portion known as Orleans to “prosecute the inhabitants of other part-time in the fishery. The economic became an independent town. Included towns if they took oysters in the town value of a bushel of clams was equal in the articles of separation were the of Orleans” (Pratt, 1844). to that of 6–8 bushels of corn. rights to the shellfishery of either East- At the time, the total harvest of soft- The first committee on shellfish in ham or Orleans to be retained by the shell clams was listed as 100 barrels Wareham was appointed at the annual inhabitants of the other as if they were with a value of $5.00 per barrel. Later town meeting on 6 March 1819. The residents of that town. A resident of estimates of the quantity of the clams subsequent committees were chosen at one town could purchase a commercial in the Pleasant Bay section of Orleans each annual town meeting up to 1902.

71(3) 51 Figure 3.— Fish Wardens of Newburyport chosen along with other town officers in 1801.

A single person later was chosen by to harvest the mollusks. The town Legislation for Private Leasing ballot to be the shellfish warden, over- clerks in each town physically issued seeing the shellfish and the river her- the shellfish licenses (Fairhaven Star, In 1904, the first state legislation ring, Alosa pseudoharengus (alewife) 9 Oct. 1897). regarding protection and cultivation and Alosa aestivalis (blueback). In the Enforcers of laws were local officers of mollusks in Eastham, Orleans, and mid 1800’s, the position was absorbed under the employment of the towns. Wellfleet (Acts of 1904, Chapt. 270) was into the harbormaster’s duties (Rider, Eastham established positions with passed with several provisions: 1989). The concept of shellfishery the titles, “Fish Warden” and “Fish management grew slowly in the 1800’s, Constable” to enforce the rules. In 1) A permit system for issuance to the perhaps beginning with a reference in some towns, the officers were referred residents was established; 1829 to a town meeting in Eastham to as wardens or constables (Fairhaven 2) A minimum size for quahogs, 1½ which in awarding a petition to raise Star, 1 Dec. 1888; 15 Oct. 1898; 29 inches (38 mm) widest part, was set; oysters advised, “That no person shall Oct. 1998; Boston Daily Globe, 1 Jan. 3) A limit of 1 bu/day for personal steal the same.” Still, different species 1896). In 1880, the Commonwealth consumption and 1 bu/day for fish were often viewed and treated differ- of Massachusetts legislature passed bait was established; ently (Pratt, 1844). an act to give the towns the right to 4) The selectmen could issue permits The term “inexhaustible supply” was regulate eels, rostrata; clams; to “bed” quahogs on private leases, used by Pratt (1844) to describe the clam quahogs, Mercenaria mercenaria; and that had: 2 populations because their supply on the bay scallops, Argopecten irradians a) a maximum of 75 ft ; flats would recover completely in 2 years irradians within their waters. The b) no shellfish already present on after having been mostly “fished out,” town regulations were somewhat in- the beds; due to regular sets of seed. The concept formal with the commonwealth being c) unobstructed natural navigable of protection appears to have been in formal control. In 1885, a closed waterways. aligned more with economic stability season for scallops, from April until than ecological well-being. September, and a statewide limit of 25 Moreover the private rights of any During the 1800’s, the overall bushels/person/day were established person were not to be impaired. The control of the laws pertaining to shell- (Belding, 1910). penalties were a fine not more than $100, fisheries was in the hands of the Com- The Fairhaven Star and Boston Daily or 6 months imprisonment, or both. monwealth of Massachusetts. They Globe newspapers list some actions by The 1905 Eastham Annual Report were overseen by the Commonwealth fish wardens and constables against reflects the acceptance by the town Fish and Game Commission, at least violators in the late 1880’s. The 1895 meeting of this statute as well as another in the early 1900’s. However, various annual report of the town of Eastham entry which lists monies expended and efforts were under way to allow local listed the names of persons who held “expenses to Boston on Quahog Act” towns or groups of towns to have some the title of “Fish Warden.” They were (Anonymous, 1905). In 1906, the re- control of their own shellfisheries. elected at the annual Town Meeting. ceipts for “oyster grants” were listed Ingersoll (1887), in his descriptions of Their duties and responsibilities in- at $23.00 without reference to their the shellfisheries of Massachusetts in cluded overseeing the various fisheries number or location. the 1870’s, stated that town laws placed in town including harvesting shellfish, Studies by David L. Belding regulations of the local beds into the the use of eel fykes, and herring runs. hands of the town selectmen who then In 1899, the fish warden was paid $3.00 In 1905, the Massachusetts Commis- issued annual licenses to local citizens for the year. sioners of Fisheries and Game hired for

52 Marine Fisheries Review 3 years a 21-year-old biologist named ing the supply of seed, 2) informing in effect today (Mass. General Laws, David L. Belding, a Williams College the fishermen about the importance of Chapt. 130, Sect. 72). biology graduate, to conduct studies seed so they will not take it from the By the mid 1920’s, Massachusetts of the commercial mollusks and their beds, 3) doing away with soaking bay towns were regulating their own mol- fisheries in the state. Belding performed scallop muscles in fresh water to swell luscan fisheries informally with little most of his work on the Lower Cape, them before marketing, 4) providing influence from the state. For example in principally in Wellfleet. He wrote a better cooperation between commis- Eastham, the voters “left the disposition series of publications that described sion merchants and fishermen, and of the shellfishery in the hands of the the biology and individual fisheries 5) increasing the popular demand for Selectmen.” (Belding, 1910). of quahogs, softshell clams, bay scal- shellfish by improving transportation The company Cape Cod Oyster lops, and oysters throughout the state facilities and advertising them as good Farms2 held leases in the 1920’s that to- (Belding, 1909a,b; 1910, 1912, 1931). foods. Belding did not consider increas- taled some 350 acres in Eastham waters. The shellfishing bays and the numbers ing the abundances of the mollusks by The town charged them an annual rental of fishermen, boats, types and value of improving the condition of their habi- fee of $1.47/acre. On public beds, gear, and economics were included. tats, i.e. controlling predators, spreading annual shellfish licenses were issued Belding’s work became the cornerstone shells to collect oyster spat, or planting to the commercial harvesters for either for the understanding of the natural his- eelgrass on bare bottoms. This concept the “flats” at a fee of $1.00 or the “bay” tory of the commercial mollusks and the of improving habitats has been used in at a fee of $5.00. Requests for dredging overview of the molluscan fisheries in other states to enhance abundances of in were reviewed by the Massachusetts. oysters. selectmen but not necessarily permit- Belding reported that the history of ted. From 50 to 60 “bay” permits were management had consisted largely of Reducing State Limits issued annually. closing beds to harvesting with little on Bay Scallop Harvests attention paid to propagation efforts. In The Massachusetts oyster and soft- Town Control: the introduction to his quahog booklet shell clam fisheries were well established Shellfish Constables (Belding, 1912), he called for seeding throughout the 1800’s, but the quahog in the Towns the public flats by the various towns and bay scallop fisheries were relatively About 25 years after Belding’s publi- and the state as well as the introduction undeveloped until that century’s last cations, the State Legislature established of more private “grants,” now know as quarter. In the 1870’s, fishermen began a statewide protocol for the protection “aquaculture lease sites.” digging quahogs with long-handled and propagation of the shellfishery. This Belding (1909a) discussed the pos- rakes from their anchored catboats and came in the form of Chapter 329 of the sibility that mollusks would be depleted taking bay scallops with hand dredges Acts of 1933, which established what is if an unlimited number of fishermen from sailing catboats. The numbers of now known as Chapter 130 of the Gen- were allowed to harvest them, and days and hours each week that the cat- eral Laws of Massachusetts. The overall he described the laws of supply and boats could harvest scallops was limited control of shellfisheries, then under the demand which produced enormous fish- by weather conditions because the winds auspices of the State of Massachusetts, ing pressure on the mollusks when the were irregular: catboats could not work was transferred to each town. Massachu- demand was high and prices were good. during calm or stormy days. setts then had 78 coastal cities and towns Belding apparently felt that the large The state allowed a daily limit of (Anonymous, 2004), of which 56 were number of boats (100) in the Wellfleet 35 bushels/boat to be taken, a quantity involved with shellfisheries (Fig. 1). If, quahog raking fleet was threatening sufficiently large to enable the fishery by the vote of a town meeting, a town the stocks. He strongly supported the to be profitable even though the number adopted the provisions of the law, the concept of local control and town rule of harvesting days in a week might be selectmen could then establish rules and of the beds, and he believed that the limited. Shortly after 1900, the fisher- provide for the designation of a shellfish private cultivation of shellfish was re- men were installing engines in their constable (elected or appointed) “for the quired to sustain the fisheries. To him, catboats, enabling them to dredge for detection and prosecution of violations this would involve the planting of seed the scallops many more days and also of the laws of the commonwealth or shellfish on the beds if the abundances in more locations. So, in 1909, the daily local ordinances, rules or regulations of various species were to remain as harvest limit was reduced to 10 bushels/ relative to shellfish or shellfisheries.” commercially viable. man and no more than 20 bushels/2-man This is the first time in the legislation Belding also documented the eco- boat. During afternoons when the boats that the term “constable” is formally nomic viability of the aquaculture were returning from the beds with the identified. Considerable authority was industry and argued for many manage- shellfish, the shellfish wardens walked given to this position. ment strategies which are still valid along their waterfronts to make sure the 2Mention of trade names or commercial firms today. They include: 1) planting spawn- fishermen had not exceeded that limit or does not imply endorsement by the National ers on beds to assist nature in increas- had not taken seed. This limit remains Marine Fisheries Service, NOAA.

71(3) 53 The shellfish constable and also most constables were men in their 50’s on 1 Feb. 1937—some 5 years later. The coastal wardens and the State Director of and older and most had been shellfish- article which provided for that action Marine Fisheries were given the power ermen. They did not wear a uniform also directed that the townspeople elect to search any boat, vessel, or vehicle (Fig. 4). During the 1930’s, the towns a “shellfish constable.” An article was without a warrant where there was prob- had reduced the daily scallop limit to passed to appropriate the sum of $300 able cause to believe a rule violation was between 3 and 7 bushels/person/day; each year to pay the shellfish constable involved. This authority remains in place the quantity varied among the towns. who was required to work a minimum to this day, and it is remarkable because The purpose was to lengthen the scallop of 600 hours during the year. In addition, it permits such searches without an of- season so fishermen would earn incomes the sum of $350 was appropriated for ficial government warrant. for a longer time each season during expenses including the transplanting of The early shellfish constable was a the 1930’s economic depression. The seed shellfish. The town also had three citizen of his town and the town paid reduced limits have remained in effect. fish constables who presumably contin- his salary. He knew the fishermen and The town of Eastham adopted the pro- ued to enforce regulations concerning their families. In the 1940’s and 1950’s, visions of Chapter 130 at a town meeting the finfish. By 1940, the town had established a so-called family shellfish permit, and in that year issued 500 such permits at $1.00 each and 30 commercial permits at $2.00 each. Many other revisions to the statute relative to the duties of shellfish constables have been made, including the addition of enforcement of the lobster regulations. The 1937 Act marked a distinct departure from shell- fish management in many other coastal states, where there was no local manage- ment control and all the enforcement and propagation efforts are undertaken by either the state or county government. Belding was also concerned about pollution contaminating shellfish grow- ing waters. A revision to Chapter 130, passed by the state in 1941, provided for penalties for those persons who were found polluting waters in which shellfish were growing. The State Legislature also established a purification plant in 1928 in Newburyport to treat clams harvested from those areas before they were put on the market (Anonymous, 2004). The Shellfish Constable’s Duties During the late 1880’s and through most of the 1900’s, the primary function of the shellfish officers was to enforce regulations. A main goal of the man- agement laws was to assure equitable harvests of the molluscan crop for as many people as possible. The officer Figure 4—Top: Shellfish constable, locally referred to as “fish warden,” in Edgar- made sure that all fishermen had licenses town supervising the opening of Edgartown Great Pond to the Atlantic Ocean, in and did not harvest 1) out of season, 2) at about 1950. Bottom: Bulldozer digging a channel through South Beach to open night, 3) more than the town daily limit, Edgartown Great Pond to the Atlantic Ocean, about 1950. During that period, the and 4) take seed from the beds (Fig. 5). pond was opened once a year and in the spring. The purpose was to increase the salinity of the pond’s water and thus allow softshell clams to grow and fatten. The limit rule was one of the most Nowadays, the pond is opened 2–3 times a year for the benefit of the clams and difficult to control, especially with bay also oysters. scallops, because they can be easy to

54 Marine Fisheries Review harvest and conceal. The constables also have served as herring (alewife), Alosa pseudoharengus, wardens if herring runs are present in their towns. They strive to maintain the runs in good condition between the marine waters and the freshwater ponds for the fish, and they enforce catch regulations. Fishermen have purchased their shellfishing licenses at the town clerk’s offices. When the season for a shellfish species begins, the shellfish constable obtains a list of people who own a commercial or a recreational shellfish license from this office, and then sur- veys the beds from shore or by boat to determine whether all persons have licenses. Constables are ”user friendly” and allow fishermen without a license to purchase them before they go again without making a formal charge. A “good” constable has been regarded as one who was consistent and applied the law firmly but without discrimination. The percentage of violations was probably low in earlier years because Figure 5.—Edgartown shellfish constable or “fish warden” holding a seed bay scal- the shellfishing communities were lop he found in the harvest of a scalloper unloading at a shore of Sengekontacket “more closed” then. Within a town, the Pond. Massachusetts allows no more than 3% seed, by count but not volume, in violation of any law, such as stealing relation to the total scallops landed by fishermen. Fishermen rarely take many seed because they are easy to separate from the larger fully-grown scallops they sell. property, was rare among its citizens, because such an act could bring consid- erable shame to him and his family. It He reports to the town’s selectmen or from 1880 to the present (Table 2), and was also rare for a town shellfisherman the town shellfish board (if one exists), they are available to researchers and the to violate a regulation. During a har- to describe his activities and problems general public. vesting season, most fishermen rarely about once a month. Each Massachusetts town has bays of saw the town shellfish officer. The One of his duties is to estimate the different sizes and also environments. fishermen also regulated one another daily landings of each shellfish species. Their predominant species could be to an extent by challenging a persistent He does this by observing the numbers oysters, softshell clams, quahogs, bay violator. of fishermen on each of the beds and scallops, or various combinations of In recent years, an average of 25% of estimating the quantities of mollusks, by each. The conditions are so variable that commercial fishermen throughout the species, each will harvest. He maintains local knowledge is a critical part of the State of Massachusetts commits some daily log sheets, and at the end of each successful implementation of any regu- violation, mainly harvesting without pos- year he adds up the totals and sends latory or conservation effort. Thus, the sessing a license, harvesting in a closed them to the State Division of Marine shellfish constable in each town has had area, or taking seed, in a given year. Fisheries (DMF) office, which then to pursue his own approach to manage- Penalties for violations include fines and tallies the totals from each constable ment. The towns gradually saw the need suspensions of licenses (Sherman3). to determine the state landings for the for deputy shellfish constables who are The town shellfish constables have year. State officials regard the totals employed either part- or full-time. an office, commonly shared with the that the constables submit each year as harbor master or environmental officer. only rough estimates of actual landings, The MSOA The office is usually located in the town because the constables cannot monitor During the late 1950’s and early hall or in a small building at a town dock. all the landings. The data are kept on 1960’s, an awareness developed that file in the state office and a copy is sent estuaries needed to be “healthy” to 3Sherman, G. President of the Massachusetts to NOAA’s NMFS, Fisheries Statistics continue to produce mollusks and be Shellfish Officers Association and Shellfish Constable, Town of Westport, Mass. Personal Office in Silver Spring, Md. Annual good nurseries for juvenile finfishes. commun., 2008. landings records have been maintained Various research studies and popular

71(3) 55 Table 2.—Landings in bushels of the most important estuarine mollusks in Massachusetts, every 25 years, 1900– 2000. Data were collected by shellfish wardens and constables.

Mollusks

Year Northern quahog Softshell clam Bay scallop Oyster

19001 71,000 175,000 100,000 93,000 19251 138,000 138,000 206,000 86,000 19501 168,000 117,000 164,000 33,000 19752 93,000 86,000 275,000 8,700 20002 123,000 46,000 4,120 1,300

1 Source: Lyles, 1969. 2 Source: NMFS Annual Landings Statistics.

emblem on them (Fig. 6). Meetings of (PSP) phytoplankton was present and it the constables have been held every 3 spread across wide areas as the result of months. They are in different towns a late season hurricane. Bays containing Figure 6.—Emblem of the Massachu- each time so that some constables have red tides were closed to harvesting, and setts Shellfish Officers Association. a shorter distance to travel to at least one this marked the beginning of another of the meetings each year. From 40 to phase of management of the shellfish 50 constables or deputy constables constables. literature were documenting that salt attend each meeting, driving from their A program for regular monitoring of marsh habitats were valuable nurseries towns early in the morning and return- the shellfish beds for the red tide organ- and sources of nutrients in estuaries, ing home in the evening. ism was established and the local con- and they described how important es- The meetings allow the constables stables were called to assist with weekly tuarine systems were being destroyed to interact socially, discuss topics of sampling of shellfish for analysis. The by dredging and filling. common interest, hear lectures from program continues to the present. When Shellfish constables were aware of state officials and biologists, and have beds are closed to harvesting, the con- the pressing need to preserve the es- a noontime meal. The DMF has been stable must post the area and patrol it tuarine habitats, and they collaborated an integral part of the group, and 2–4 every day to ensure that no person either with legislators to produce a series of of its officials participate in each meet- knowingly or accidentally harvests any “Estuarine Reports,” which spanned ing and contribute a wider perspective. shellfish. As a result, there have been no from 1965 through the early 1970’s, Officers of the State Environmental Law reported instances of PSP health issues that named all the major estuaries of Enforcement Division, who initially in the state. the state with an emphasis on the need were referred to as Coastal Wardens and for legal protection of their wetlands are currently organized as the Environ- Enhancing Mollusk Populations (Jerome et al., 1968). Subsequently, a mental Police, also have participated In the early 1970s, several shellfish law, known as the Jones Law, was en- and have provided new information at hatcheries in the state began to pro- acted to protect estuarine environments the meetings. duce seed, mainly quahogs, for private from wholesale demolition of wetlands The mission of the Environmental aquaculturists (Fig. 7). As Belding’s and shellfish beds. This important step Police is to protect the bays and shore- wise words were being assimilated and was the catalyst that resulted in the lines, and enforce the regulations for his forecasts became reality, growers formation of the Massachusetts Shell- finfisheries, lobsters, boating safety, were realizing that profitable farming fish Officers Association (MSOA), a and all hunting laws. Shellfish con- of quahogs in bays was possible. Some loose association of constables with an stables cooperate with them, watching towns purchased quahog and bay scallop elected Board of Directors and a Presi- for violations and assisting in some seed for their public beds. Their con- dent. The MSOA was formed during the prosecution actions that they may not stables grew it to larger sizes, and then 1970’s and was officially incorporated be specifically authorized to enforce. broadcast it onto the beds (Fig. 8). This in 2000 with a filing with the State of Increasingly, in this era of homeland introduction of seed would not replace a Massachusetts Secretary of State and security issues, the shellfish constable bountiful natural set but might enhance Attorney General. also assumes the additional role as abundances to counter the depletions Since the MSOA has been organized, observer of suspicious activity along from harvesting and the degrading of ideas and successful techniques can waterfronts and in the bays. water quality. be effectively shared, and collabora- In 1972, a previously unrecognized The MSOA members also became tions among towns are possible. As a event changed the landscape of shell- aware of the value of political involve- symbol of continuity, the constables fish management when blooms of a red ment. To that end, a group of legisla- are encouraged to wear a standardized tide-producing organism appeared in tors who represented the coastal cities green jacket and cap with an official some bays. Paralytic shellfish poisoning and towns formed a group known

56 Marine Fisheries Review The following are two annual reports of the shellfish officers in the town of Edgartown for the years 1962 and 2004. The officer, termed Fish Warden in 1962, did not have a staff, and he dealt with enforcing regulation and propagation using wild seed and adults. He removed and destroyed horseshoe crabs, but currently they are a protected species. The officer in 2004, then termed Shellfish Constable, had a staff of 2 permanent deputies and 2 summer deputies. He dealt with enforcing regulations, probations using hatchery seed, and was active in monitoring environmental conditions. There was more recreational shellfishing recorded in 2004 than in 1962.

Report of the Fish Warden for the year 1962 (Source: Town of Edgartown Annual Report for 1962)

The shellfisheries of Edgartown valued nearly $68,622 during 1962. The 4. 20 bushels of seed quahogs were moved from Wasque Pond and planted in following is a breakdown of the shellfish taken by species. Anthier’s Pond, Eel Pond, and Edgartown Harbor. 5. Seed and adult oysters exposed after the opening of Great Pond were moved into deeper water. Shellfish Bushels Value 6. Bi-weekly records were maintained of the temperature and salinity of Great Pond to determine what conditions appeared favorable or unfavorable for Scallops 9,946 $53,428 oyster spawning and setting. Softshell clams 1,251 12,510 7. 78 bushels of clams were obtained from the Oyster Pond and Great Pond and Quahogs 355 2,684 planted in Anthier’s Pond, Eel Pond, and Caleb’s Pond. 8. Horseshoe crabs and starfish were destroyed wherever observed. A total of 528 licenses were issued in 1962 as follows: Four violations of shellfish regulations were reported to the selectmen resulted 126 commercial scallop licenses in disciplinary action. Generally speaking, the cooperation of the fishermen in 19 commercial soft clam licenses supporting the regulations has been excellent. 17 commercial quahog licenses The shellfish officer has continued to work in cooperation with the 366 family permits, seasonal and resident Massachusetts Division of Marine Fisheries in his efforts to promote the 1. 240 chicken wire bags each containing 1.5 bushels of scallop shells were shellfishing industry of Edgartown. made up and 500 bushels of scallop shells were planted in Edgartown Great I would like to express my thanks to Mr. John Hughes and Dr. George Pond as oyster cultch. Matthiessen for all the help they have given me since my appointment as Fish 2. 147 bushels of seed oysters were obtained from Wareham and planted in Warden. Great Pond. 3. 100 bushels of small quahogs were obtained from the state and planted in Hiram Jackson Pocha Pond. Fish Warden

Summary of the Shellfish Constable’s Annual Report to the Town of Edgartown, 2004 (Source: Town of Edgartown Annual Report, 2004)

To the Honorable Board of Selectmen and Citizens of Edgartown: All hatchery-reared bay scallops were broadcast in Sengekontacket Pond and Cape Poge Pond. As in the past, some of these scallops were genetically The 2004 commercial catch in Edgartown was valued at $264,167 in the tagged with black and white stripes. The oysters that we received were placed following categories: in nursery up-weller for growth out to 15 mm. Softshell clams 401 bushels The Shellfish Department continues to monitor shellfish diseases within town Oysters 336 bushels waters. Despite substantial softshell clam mortality among adults in Edgartown Quahogs 182 bushels Great Pond in 2002 and 2003, we had a decent softshell clam harvest on Bay scallops 1,552 bushels Edgartown Great Pond in 2004. In 2004, Edgartown participated in several water quality monitoring Severe weather in January and February and a small crop of scallops in programs. The Massachusetts Estuaries Program is an ongoing study of November and December led to a poor commercial crop year in the town of Edgartown Great Pond that will be completed in 2005. The intent of this study Edgartown. Cape Poge Pond had the most scallops this year and has some seed is to better understand nutrient cycling within the watershed. for next year. Recreational scallopers were able to harvest scallops out of the The following predators were removed from shellfish areas in Edgartown: shallow areas of Cape Poge. Family fishermen found a limited number of scallops in Sengekontacket (Anthiers). We are cautiously optimistic about a good scallop 983 pounds of conchs from Cape Poge crop for the 2005–2006 season. Commercial oystering and quahoging were limited 2,300 conch egg cases from Cape Poge by market situations this year, most harvests were sold in local fish markets. 800 pounds of conchs from Katama Bay In addition to the wild harvest, aquaculturists in Edgartown have raised 625 5,600 conch egg strands from Katama Bay bushels of oysters worth $162,500. 200 pounds of conchs from Sengekontacket 8,940 pounds of green crabs from Sengekontacket These are the landings for recreational permit holders: The shellfish Department continues to work with the Dredge Committee on Softshell clams 106 bushels permitting various dredging projects. Oysters 65 bushels Personnel in 2004 included Department Head/Marine Biologist Paul Bagnall Quahogs 598 bushels and full-time Deputy Warren Gaines. Full-time deputy David Medeiros resigned Bay scallops 81 bushels in May and was replaced by Francis Fisher III. Summer Deputies were John Black and Matthew Hedstrom. Shellfish received from the Martha’s Vineyard Shellfish Group are as follows: Respectfully submitted, Quahog seed 1,200,000 Large scallop seed 187,500 Paul L. Bagnall Small scallop seed 1,300,000 Marine Biologist and Shellfish Constable Single oyster seed 334,000 Herring Warden

71(3) 57 Figure 7.—A float in Eastham serves as a nursery for Figure 8.—A net over an intertidal flat in Eastham protects north- growing northern quahog seed. ern quahog seed from predaceous crabs.

as the “Coastal Caucus.” This group would be based on the previous year’s transplanted abundant shellfish stocks was instrumental in cooperating with expenditure. from polluted beds that were not certi- the MSOA to craft legislation which This program was initially set at fied as clean for harvest to clean beds provided for additional funding for direct funding but as more towns began (Fig. 9a, b). The shellfish depurated towns that wished to participate in to participate the percentage dimin- naturally and the beds could be opened efforts to protect and propagate shell- ished. The program was a wholesale for harvesting after 90 days. Over time, fish—the so-called 571 Fund. The effort by cities and towns to plan and many thousands of bushels of quahogs requirement was that the towns had to implement various projects which and oysters were relayed from polluted develop a management plan for their would enhance the fishery. Some areas along Massachusetts’ south coast shellfisheries. The amount of funds towns used hatchery seed while others to the beds of various towns to boost their stocks. In 1974, the Barnstable County government of the towns on Cape Cod began an initiative to encourage cooperation among the towns. The County Commissioners formed a Shellfish Advisory Committee (SAC), that provided reports to the commis- sioners and was assisted by the Cape Cod Economic Development Com- mission. Later on, the University of Massachusetts Cooperative Extension Service began to support the SAC by providing staff and resources to assist in the various towns’ propagation plans. An alliance with the Woods Hole Sea Grant program together with funding from the state Environmental Bond Bill provided additional funding for regional aquaculture centers that would serve to guide the increasing needs of private aquaculturists and those towns Figure 9a.—Shellfish constables and helpers in Chatham transplanting bay scallops involved with nursery growout of seed that had been washed ashore by a storm to a replanting site. shellfish for restocking, disease testing,

58 Marine Fisheries Review Figure 9b.—(above left) Shellfish con- stables in Westport supervising the trans- planting of quahogs from polluted waters to clean waters. Figure 10.—(below left) Shellfish consta- ble showing youngsters aspects of quahog reproduction. Figure 11.—(above right) Shellfish con- stable collecting sample of surface water to be examined for pollution.

predator control, public outreach, and stables for assistance. Since then, The shellfish constables also fre- other programs (Fig. 10). regular monitoring of surface waters quently try to control sources of pollu- In 1987, Massachusetts reorganized has been carried out by state personnel tion that might result in an area being some of its agencies in response to and the constables working together closed to shellfish harvesting. This can Federal requirements for the inspec- (Fig. 11). The authority to declare a involve working with public works tion and classification of waters from body of water “approved” for the har- agencies to remediate storm drains, which shellfish were harvested. The vest of shellfish or “contaminated” and promote bylaws to restrict the feeding duties and responsibilities relative to thus closed to the harvest of shellfish of waterfowl, and assist local Boards testing water and the classification remains with the DMF. Enforcement of Health to hold and, if possible, of areas in accordance with Federal of the regulations is carried out by the reverse a disturbing trend. Recent ac- standards were assigned to the DMF, local constables with assistance from tions by the constables in the towns of which turned to local shellfish con- the Environmental Police. Barnstable and Dennis have resulted

71(3) 59 in the reopening of shellfish resources arises, this course is a comprehensive Belding, D. L. 1909a. A report upon the mollusk fisheries of Massachusetts. Wright & Potter in waters that had remained closed for examination of the biology, natural his- Printing Co., State Printers, Boston, 243 p. harvesting for the past 20 years. tory, and harvesting methods of various ______. 1909b. The soft-shelled clam fish- In 1990, multiple failures of different shellfish as well as their predators, and ery of Massachusetts. Commonw. Mass., Mar. Fish. Ser., 1, 65 p. (republ. in 1916 and hatcheries resulted in few seed being it encompasses training in law enforce- 1930). available for the different towns. The ment, boat handling, first responder ______. 1910. A report upon the scallop fish- constables explored various alternatives measures, pollution monitoring, and on ery of Massachusetts, including the habits, life history of Pecten irradians, its rate of cooperatively and the outcome was that the red tide phenomenon. growth, and other facts of economic value. the funding received by the DMF was Wright and Potter Printing Co., State Printers, channeled to the towns through the Overview Boston, 150 p. ______. 1912. The quahaug fishery of Barnstable County Extension Service Today’s Massachusetts shellfish con- Massachusetts, including the natural history by way of bulk purchases of hatchery stable has a more complex and varied of the quahog and a discussion of quahog seed. In this way, less expensive seed role than had his predecessors. The farming. Commonw. Mass., Mar. Fish. Ser. 2, 41 p. could be obtained and its availability warden’s main responsibility once was ______. 1931. The quahog fishery of Mas- would be more certain. to enforce a few regulations regard- sachusetts. Mass. Dep. Conserv., Div. Fish. ing the harvests of the mollusks. The Game, Mar. Fish. Serv. 2, 41 p. Training Program Jerome, W., A. Chestmore, and C. O. Anderson, constable today also has to be aware of Jr. 1968. A study of the marine resources of for Constables legal matters, environmental concerns, the Parker River-Plum Island South Estuary. Monograph by the State of Mass., Div. Mar. Successful protection of the mol- natural history, and law enforcement Fish. luscan resources and aquatic environ- regulations. He or she should also Ingersoll, E. 1887. The oyster, scallop, clam, ments has been under increasing strain be personable and have the ability mussel, and abalone industries. The Scallop Fishery. In G. Brown Goode (Editor), The as humans have crowded onto coastal to work on and near the water under fisheries and fishery industry of the United Massachusetts. It became apparent that various weather conditions. He has the States. Sect. V, Vol. II, p. 565–581, U.S. Gov. a standardized training program for satisfying role of being the steward of Print. Off., Wash., D.C. Lyles, C. H. 1969. Historical catch statistics constables was needed. An agreement his town’s molluscan resources and (shellfish). U.S. Dep. Interior, Fish Wildlife was reached with the Massachusetts environment and a promoter of its com- Serv., Curr. Fish Stat. 5007, 116 p. Maritime Academy in the town of Buz- mercial and recreational shellfisheries. Pratt, E. 1844. A comprehensive history, eccle- zards Bay to provide a 2 week training siastical and civil of Eastham, Wellfleet and Literature Cited Orleans, County of Barnstable, Mass. W. S. session for shellfish constables and Fisher and Co., Publ., 180 p. deputies. Conducted on the campus Anonymous. 1905. Town of Eastham Annual Rider, R. A. 1989. Life and times in Wareham Report for 1905. over 200 years 1739–1939. W. S. Sullwold of the academy when the cadets are at Anonymous. 2004. The Acts and Resolves of Publ., Inc. Tauton, Mass., for the Wareham sea on training cruises and as the need 1928, General Laws of Massachusetts. Hist. Soc., 228 p.

60 Marine Fisheries Review