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Until the introduction of the purse-seine and its general adoption, about the year 1860, gill-nets were exclusively used. In the intermediate time the stationary gill-nets were supplanted by sweep-nets, arranged by fastening together several small gill-nets.

Weir fishing for menhaden.

178. Weirs and pounds are never set for the express purpose of capturing the menhaden, but large numbers of these fish are taken in these traps. In Chatham Bay, Massachusetts, there are thirteen weirs of various lengths set in water from 2 to 5 fathoms in depth for the purpose of catching mackerel, sea-bass, and shad. The average catch of menhaden for the past five years has been about 5,000 barrels, about half of which is sold for bait, the remainder thrown away. Goodale and Atkins state that on the coast of Maine there are a very few weirs built especially for the capture of menhaden; two or three near Stockton, on Penobscot Bay, being all of which they have knowledge. Some are also taken in the weirs built for salmon and alewives. The herring. weirs, on the other hand, are not adapted to their capture, their entrances being so wide that the menhaden generally "play out" after once entering.

On the eastern end of Martha's Vineyard are numerous pounds, extending 1,200 feet and more from the shore, set for sea-bass, squeteague, scuppaug, and bonitos. Many menhaden are taken here, which are sold for bait.

In the vicinity of Greenport, N. Y., "longshore seines" are sometimes used, though not so generally as in former years, when this was the usual mode of capture.

Colonel Lyman on weir fishing at Waquoit.

179. Col. Theodore Lyman has given a very graphic account of the capture of bait menbaden in the Vineyard Sound:

"The weir is hauled once a day, and always at slack water, because with a strong tide running east or west it is impossible to handle the bottom-lines. The men pull out in two parties, of which one in a large scow passes round the outside of the bowl, casting off the bottom-lines, while the other in a yawl-boat pushes inside the bowl, pulls up the sliding poles, and closes the entrances. The slackening of the bottomlines allows the bowl-net to hang free, and the crew inside begin to haul up the bottom of this net in such a way as to work the fish toward one corner, letting the net as it comes to the surface pass under their boat, which is thus slowly drawn across the bowl toward the corner where the capture is to take place, and where the scow is already waiting outside.

"The scene now becomes an exciting one. The menhaden in thousands begin to show the sharp upper lobes of their tails above the water;

here and there darts a feverish mackerel like a blue and silver flash; great leathery skates, looking like pigs rolled out flat, raise their snouts in slow astonishment; here a shark suddenly works his way through the crowding mob; hundreds of goggle-eyed squid, smothered in the press, feebly ply their force-pumps; and there the murderous bluefish, undismayed by imminent death, glares fiercely and snaps his savage jaw to the last. All these, with flat-fish, sea-robins, butter-fish, and many more, are taken and rolled in a fluttering mass iridescent with changing colors, and shower their silver scales high in air. It moves even the wear-men, in their oil-skin clothes, with a slight excitement as they cull out from the menhaden the choice and the offal fishes. There is Uncle Abishai smiting sharks with a spear, like so many Sauls, and he smiteth them not twice, and Captain Ed'ard endeavoring with a swift scoop-net to capture a dodging shad, because Mrs. Asa has boarders and needs a fish for dinner; and Captain Charles, with the air of one who gets a toy for a good child, diligently striving after some of them 'ere striped robins that the professor wanted. All this is strange and entertaining even to a commissioner, who, by the motion of a long swell and the evil piscatory odor, is somewhat afflicted with what the local satire terms white-ears.' And now the menhaden, bushels on bushels, are scooped all quivering into the great scow, for a little outside lies a mackereler who has just let go her anchor with a rattle, and a boat is pulling in with the skipper to buy bait. What you got,' cries he, in an indifferent tone. Menhaden,' retorts Captain Warren, as if speaking of a new and scarce fish. (A pause.) I don't know but I might take a few barrels if they was low,' says the skipper. (No reply.) What do you want for 'em?? Eighty-five cents,' shouts Captain Warren, and then (sotto voce), 'I don't believe he's got a scale.' At this answer, the man of mackerel pushes over the tiller and steers off indignantly; but presently pauses, 'Give you sixty five, for seventy barrels.' Seventy-five cents is the lowest,' replies Captain Warren. Call it seventy cents for seventy-five barrels.' • Waal! Waal!' And by this time the scow is full, and the weir-men pull for the vessel, whose numerous crew is ready to hoist the bait on board and salt it down. They stand with knives, barrels, and chopping-blocks, and rapidly cut off the heads and tails of the fish, and the thin parts of the sides, then give a gash in the shoulder, and throw them into the barrel for salting. A mackereler will take as many as 120 barrels of such bait, which is minced fine in a hand-mill and thrown over to toll the fish.

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"Many years ago, when mackerel were cheap, the younger ones, called 'No. 3s,' were laboriously chopped up with a hatchet and thrown over as 'chum. When mackerel became dear, especially during the war, the No. 3s were too valuable to be thrown away, and cheaper material, such as menhaden, was resorted to."*

*Ann. Rep. Commissioners on Inland Fisheries, for the year ending January 1, 1872 pp. 24, 25.

Fatback fishing in North Carolina.

180. At Cape Hatteras, according to Mr. A. W. Simpson, two kinds of nets are used in the capture of the "fatback." The "drag-net" is from 75 to 100 yards long, and 25 to 37 meshes deep, with a mesh of from 1 to 2 inches. The lead line is provided with heavy lead sinkers, the cork line with floats made of gum-tree roots. The "set net" (which like the preceding is made of gill-twine No. 25 or 30, and five or six strand cotton cord made of No. 10 cotton) is from 35 to 45 yards in length, 18 to 20 meshes deep, the mesh being the same as in the "dragnet." Instead of a lead line is used a heavy cotton cord which has been dipped in pine tar and rolled in a bed of pebbly sand until a sufficient quantity is fastened to it to weight the bottom of the net. Such a net is called a "fly-tale," and is set at night on the playing ground of the fish, with both ends made fast. To work these nets canoes are used, ranging from 16 to 30 feet in length and 3 to 7 in beam; two men are required for a small canoe, three for a large one. The fish are taken mostly on the flood-tide. When fishing with the drag-net, moderate weather is preferred; with the gill-net, a light wind, as the fish run most in windy weather. The fishermen do not make a special business of catching the menhaden, but are on the lookout for all kinds of fish. Purse-nets have been used about Cape Hatteras, but without very great results.

In the rivers near Beaufort, N. C., according to Mr. Davis, the fatbacks are taken in gill-nets about 50 fathoms in length, and 50 or 60 meshes deep, the meshes being 11 to 15 inch in dimension. Nets which are partially worn out are generally used, the fishermen having an idea that the slime of the fatback ruins a net so that it cannot be used after the first season. The nets are worked from open boats and canoes carrying from 10 to 25 barrels of fish. Two men and a boat are necessary for each net. In making what is called a "drop," from four to six boats join their nets and surround the school. The fish, getting confused, mesh themselves and are easily pulled in with the net, and are then disentangled. From two to four hours are necessary for each haul, and one haul will generally fill the canoes. Two loads can be taken in a day.

33.-THE RELATION OF THE MENHADEN FISHERY TO THE FISHERMEN AND THE MARITIME VILLAGES.

181. On the coast of Maine, according to Mr. Maddocks, "the catching of menhaden is a favorite occupation with fishermen. The steamers return every night if they have any fare, and are hardly ever absent more than two or three days. Operations are suspended in bad weather. The oil is manufactured at once, and meets a ready market. The men can thus be promptly paid; whereas in the mackerel and cod fisheries the hands are obliged to wait until the end of the season for settlement, the service is dangerous, and comparatively full of hardships, the Men

haden Association has never lost a man in its service, and not one of the steamers has ever burst a boiler. This is the more important since the cod and mackerel fisheries have been and are grievously oppressed, and greatly reduced by the tariff regulation that admits English fish free to our markets. The Englishman can build his craft at less cost than the American, can fit and equip her cheaper, and can therefore afford to sell his fish at a lower figure than the home fisherman; and at the same time he pays none of our taxes while enjoying the benefit of our market. The menhaden fishery has afforded no little relief in this condition of things to the unemployed fishing population on our coast and elsewhere."

182. Mr. Maddocks gives a very interesting picture of the influence of the menhaden fishery upon the population of the neighboring shores.

In the villages of Boothbay, Bristol, Bremen, and East Boothbay, the centers of the menhaden fishery on the Maine coast, the number of dwellings has doubled in the past few years, and all the outward signs of thrift, of enlarged comfort and abundance manifest themselves. The companies engaged in the menhaden business pay in the aggregate a handsome per cent. of the annual taxes of the towns in which they are located. The oil companies of Bremen pay over one-fourth of the total tax of the municipality. The oil-factories of Boothbay have, since they were built, paid an amount of tax equal to two-thirds of the war debt of the town. The Bristol factories pay one-eighth of the town tax. The indirect contributions of the business to the public treasury, by promoting the building of houses, vessels, &c., have been very considerable. All the money made has been spent on the spot, where it is open to taxation. "About $60,000 worth of cotton twine is used yearly in the menhaden fishery of Maine for the manufacture and repair of seines. Quite a number of hands, men, boys, and girls, are employed in this work. The seines are of course made by machinery. Ten thousand tons of coal are consumed for various purposes, and 40,000 bushels of salt."

A correspondent of the "American Agriculturist" states in that paper that the proceeds of the menhaden fishery and industry between New London and Stonington in 1872 amounted to $113,000, which was distributed along the coast of 12 miles on the north side of Fisher's Island sound. The business gave employment to over 200 men at the factories, and indirectly to as many more, besides the business of freight. ing the products.

34.-PROTECTIVE LEGISLATION.
Laws of Maine.

183. The legislative acts relating to the menhaden fishery in Maine are summed up as follows:

SEC. I, chap. 313, Public Laws, 1865, provides as follows:

"No person shall set or use any seine within three miles of the shore

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in any waters of this State, for the purpose of taking menhaden or pogies; but a net of no more than one hundred and thirty meshes deep shall not be deemed a seine."

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The penalty for violation of this act was fixed at "not less than four hundred nor more than one thousand dollars, and the forfeiture of all the vessels and apparatus employed."

By the act of February 21, 1866, chap. 30, Public Laws, the penalty for violation of the law was reduced to "not less than one hundred nor more than five hundred dollars," and the number of meshes deep increased to one hundred and forty to constitute a seine.

The act of February 27, 1869, chap. 36, Public Laws, repeals the foregoing, and re-enacts it in substance with various modifications. The legislature of 1870 re-enacted the above with fuller details as to the collection of penalties, &c. Chap. 120, Public Laws, 1870.

In the revision of the statutes in 1871 the above act was consolidated into one section, sec. 54, chap. 40, Revised Statutes, 1871, which still retained the three-mile restriction, and the penalty of one hundred to five hundred dollars for each violation, and a forfeiture of all equipment employed.

Chap. 211, Public Laws, 1871, approved February 27, 1871, repeals the above sec. 54, chap. 40, of the Revised Statutes.

Laws of Massachusetts.

184. The following acts have been passed by the legislature of Massachusetts:

"AN ACT to protect the menhaden fishery in the towns of Duxbury, Plymouth, and Kingston.

"(Ch. 85.) SECTION 1. Be it enacted, Every person who shall, between the first day of May and the first day of November, inclusive, in each year, deposit the offal or waste dressing of the menhaden fish upon the shores or flats, or throw the same into the waters of the bays, harbors, rivers, or creeks of the towns of Duxbury, Plymouth, or Kingston, shall, for each and every offense, forfeit and pay a sum not exceeding fifty dollars, one-half to the complainant, and the remainder to the town' within whose jurisdiction the offense was committed, to be sued for and recovered in any court competent to try the same, on complaint of any one of the selectmen, or any legal voter of either of the towns of Duxbury, Kingston, or Plymouth.

"SEC. 2. Any boat, craft, vessel, or fishing apparatus used by persons violating the provisions of this act, may be seized and detained not exceeding forty-eight hours by the selectmen of either of the towns aforesaid, in order that the same, if need be, may be attached or arrested by due process of law, to satisfy said fine with costs.

"SEC. 3. This act shall take effect from and after its passage."-[April 24, 1857.

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