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FIRST REPORT

OF THE

SHELL FISH COMMISSION

OF

1907

1907

SUN JOB PRINTING OFFICE
BALTIMORE

SHELL FISH COMMISSIONERS.

WALTER' J. MITCHELL, Chairman, La Plata.

CASWELL GRAVE, Secretary, Baltimore.
(Johns Hopkins University).

BENJAMIN K. GREEN, Treasurer, Westover.

CHIEF CLERK.

H. COURTENAY JENIFER, TOWSOn.

ASSISTANT CLERK.
SAMUEL A. HARPER, St. Michaels.

STENOGRAPHER.
Miss BLANCHE RICHARDSON, Annapolis.

HYDROGRAPHIC ENGINEER.
SWEPSON EARLE, Centreville.

TABLE OK CONTKNTS

PAGE

Letter of transmittal 7

Legislation . 8

Appointment, qualification and organi-
zation of the Board 8

Location of office. 9

Appointment of hydrographic engineer. 9
" " chief clerk and assist-
ant clerk 9

" " counsel 10*

Books of record and blank forms 11

Assistance and co-operation of U. S.
Coast and Geodetic Survey and U. S.

Bureau of Fisheries 17

Assistance of State Fishery Force 22

Local Assistants and their compensation 24

Assistance of City and County Press. . . 25

Connecticut Shell Fish Commission 26

The Haman Oyster Culture Law 29

Object 29

Survey 29

Natural Bar Not Defined 29

Definition of Natural Oyster Bar 30

Diversity of Opinion 30

The Goldsborough Definition 30

Application of Definition 32

The Tonging Method 37

Units of Measurements 41

Number of Oysters per bushel 48

Equipment and Expense 50

Length of Working Season 53

Amount of Ground Covered 58

Price of Oysters S3

Quantity of Oysters 63

The Definition in Use 67

Survey of Crabbing Grounds 69

Lotholders Prior to the Passage of the

Haman Oyster Culture Law 71

List of Applicants for Oyster Lots held

under former Law 77

List of Lessees of Oyster Grounds held

under former Law 98

List of Applicants for Barren Bottoms
in Anne Arundel County under Haman

Oyster Culture Law 103

Hydrography 104

State Buoys 124

PAGE

Results of the Survey of the Natural
Oyster Bars in Anne Arundel County : 129

Magothy River 129

White Hall Ctfeek 131

Severn River 131

South River 132

Rhode River 133

West River 134

Herring Bay 135

Chesapeake Bay, Tonging Areas 135

" " Dredging Areas 137

Table of Natural Oyster iJars in Anne

Arundel County 140

Somerset County : 145

Pocomoke Sound 145

Little Annemessex River 150

Big Annemessex River 150

Manokin River 154

Nanticoke Sound 157

Monie Bay 161

Wicomico River 161

Tangier Sound 162

Chesapeake Bay 173

Table of Natural Oyster Bars in Somer-
set County 176

Oyster Culture 179

Introduction 179

Oyster Culture in Rhode Island 179

Branches of Oyster Culture 182

Experiments 183

Physical and Biological Investigations

Object 190

Methods 190

Value of Food Investigations 197

Recommendations

Seed Oysters 200

Acreage of Lots for Lease 202

Dredging on Leased Lots 203

Maintenance of State Buoys 204

Assistants Appointed by County

Commissioners 204

Exhibit at Jamestown 210

Financial Statement 212

Copy of the Haman Oyster Culture Law 214

Jurisdiction 229

Extent of Haman Law Patuxent River

Legislation 229

Private Ownership and Riparian Rights 230

46428

RKPORT

ANNAPOLIS,, MD., October 1st, 1907.

His Excellency, Edwin Warfield, Governor of the State of
Maryland, and Members of the General Assembly of Mary-
land of 1908.

GENTLEMEN : The following Report 1 of the Board of Shell
Fish Commissioners of Maryland, made in pursuance of the
provisions of Section 119 of Chapter 711 of the Acts of 1906, of
the General Assembly of Maryland, and, in substance, intended
to embrace a summary of the work of said Board from the 10th
of May, in the year 1906 the date of the qualification and
organization of the Board of Shell Fish Commissioners of
Maryland to October 1st, 1907, is herewith submitted for your
consideration.

Respectfully,

WALTER J. MITCHELL,
CASWELL GRAVE,
BENJAMIN K. GREEN,
The Board of Shell Fish Commissioners of Maryland.

iThis report is in addition to, and in no way duplicates the report
prepared under the supervision of Capt. C. C. Yates and published
by the Cdast and Geodetic Survey on June 20th, 1907, in compliance
with Sections 86 and 89 of the Haman Oyster -Culture Law, which said
report embraces: a technical description of all boundaries and land-
marks established in Anne Arundel County and contiguous waters by
the Maryland Shell Fish Commission in co-operation with the United
States Coast and Geodetic Survey; a progress map giving "the scheme
of all charts and projections constructed in connection with the survey
of the natural oyster bars, the location and names of all triangulation
stations used as a basis for the surveying work, and the 'Boundaries
of county waters' established by the Commission for the purpose of
carrying out the laws relating to Oyster Culture;" an"d a series of four
large charts showing the boundaries of all natural oyster bars, of 'the
waters within the territorial limits of Anne Arundel County, and of
the waters not within these limits, but opened for leasing with the
waters of the County.

A similar report will, as soon as practicable, be issued under like
preparation and authority, respecting the survey of the waters within
the territorial limits, and contiguous thereto, of Somerset County.

Copies ' of these reports may be obtained by applying to the Super-
intendent of the Coast and Geodetic Survey, Washington, D. C.

8 ft'i /tort of the Hoard of Shell Fish Commissioners

LEGISLATION.

An Act, efititled "An act to establish and promote the indus-
try of Oyster Culture in Maryland," to define and mark natural
oyster beds, bars and rocks lying under the waters of this
State, to prescribe penalties for the infringement of the pro-
visions of the Act, and to add new Sections to Article 72 of the
Code of Public General Laws of Maryland, to follow Section 82
and to be designated consecutively from Section 82 to Section
119, inclusive, was passed by the General Assembly of Mary-
land, of 1906, and received the official approval of His Excel-
lency, Edwin Warn" eld, Governor of the State of Maryland, on
the 2nd day of April, 1906, as will more fully appear by refer-
ence to said Act, fully published and submitted herewith,* and
more specifically designated as Chapter 711 of the Acts of said
General Assembly.

APPOINTMENT, QUALIFICATION AND ORGANIZATION OF THE BOARD.

Under the appointment provisions- of Section 84 of the Act to
which reference is herewith made, the appointment of the
Board of Shell Fish Commissioners is lodged with the Board of
Public Works of Maryland, with the restriction that "the said
Board shall consist of three members, one of whom shall be a
resident of one of the tidewater counties of the Eastern Shore
of Maryland, another a resident of one of the tidewater counties
of the Western Shdre and the third a resident of the City of
Baltimore, and one of whom shall be a member of the minority
party at the time of their appointment," the term of each of the
members of said Board being two years from the first Monday
in May after his appointment, and one of said members being
designated by the Board of Public Works as President of the
Board of Shell Fish Commissioners.

Acting under the authority thereby vested with it, and in
accordance therewith, the Board of Public Works of Maryland,
consisting of His Excellency, Edwin, Warfield, Governor of
Maryland ; Hon. Murray Vandiver, Treasurer of Maryland, and

*See page 214.

Report of the Board of Shell Fish Commissioners 9

Hon. Gordon T. Atkinson, Comptroller of Maryland, on the 3rd
day of May. 1906, appointed Walter J. Mitchell, of Charles
County, from the Western Shore and Benjamin K. Green, of
Somerset County, from the Eastern Shore, as majority members
of the Commission, and Dr. Caswell Grave, of Baltimore City,
as minority member of the Commission, for the period of two
years-, accounting from the first Monday in May, 1906, the Com-
missioner first named being designated by the Board of Public
Works as President.

The Board, as so constituted, duly qualified before the Gov-
ernor of Maryland on the 10th day of May, 1906, and forthwith
proceeded to the discharge of the duties imposed upon it.

LOCATION OF OFFICE.

<

Through the courtesy of the Governor of Maryland a suite of
offices in the State House Building was assigned the Commis-
sion for the accommodation of its force, the reception of its
records and equipments, and for the like accommodation of
Captain C. C. Yates, Assistant and Chief of Party, United
States Coast and Geodetic Survey, and his assistants, and Dr.
H. F. Moore, of the United States Bureau of Fisheries.

These offices, it is proper to state, have been ample for the
purposes of the Commission.

APPOINTMENT OF HYDROGRAPHIC ENGINEER.

Mr. Swepson Earle, of Queen -Anne's County, was appointed
to the position of Hydrographic Engineer on the 17th day of
May, 1906, at a salary of twenty-five hundred dollars- per
annum. Engineer Earle, connected at the time of his appoint-
ment with the United States Light House Service, reported for
service with the Shell Fish Commission on the 22nd day of
May, 1906.

APPOINTMENT OF CHIEF CLERK AND ASSISTANT CLERKS.

Under the provisions of Section 84 of the Oyster Culture Act,
the Board of Shell Fish Commissioners- on the 17th day of May,

1.0 J\< i>ort of ilic Board of Shell Fish Commissioners

1906, appointed H. Courtenay Jenifer, of Baltimore County,
Maryland, Assistant Clerk, deferring the appointment of a
Chief Clerk until, in its discretion, such an appointment
became necessary.

Mr. Samuel A. Harper, of Talbot County, Maryland, was
appointed Assistant Clerk on the 24th day of May, 1906, the
appointment going into effect on June 1st, following; the salary
of these two Assistant Clerks being fixed at the sum of one
thousand dollars per annum, respectively.

For the more effectual organization of the office force,
Assistant Clerk H. Courtenay Jenifer was appointed Chief
Clerk of the Commission on the 8th day of February, 1907, at a
salary of twelve hundred dollars per annum.

These two appointees, with the assistance of a stenographer
and typewriter, in the person of Miss Blanche Richardson, of
Anne Arundel County, Maryland, whose employment dates
from the 12th of April, 1907, and whose compensation is ten
dollars per week, form the office force of the Commission at this
time.

APPOINTMENT OF COUNSEL.

Realizing that the construction, for the first time, of many
sections of the Haman Oyster Culture Law, involving as they-
do legal questions of both magnitude and importance, -would
establish precedents, under which future operations of the law
would be guided, the Commission on the 29th day of June, 1906,
appointed Thomas H. Robinson, Esq., of Bel Air, Maryland, as
its regular Counsel, the salary of Mr. Robinson being fixed at
fifteen hundred dollars per annum*.

Since this appointment many legal questions growing out of
the operations of the law have been referred to him for con-
struction, and his opinions in all legal matters have been
strictly fo'lowed by the Commission.

The Commission herewith takes the opportunity to extend to
its Counsel its appreciation of the uniform courtesy which has
been accorded it by him, as well as the interest he has mani-
fested, at all times, in every branch of the work of the Commis-
sion.

Report of the Board of Shell Fish Commissioners 11

BOOKS OF RECORD AND FORMS.

The Office of the Board of Shell Fish Commissioners is
equipped with the following books of record :

(a) A Minute Book, in which are accurately recorded all
proceedings of the Commission.

(b) A Record of Application fees, in which are recorded all
receipts from applications for oyster lots.

(c) A Record of Record fees, in which are recorded all re-
ceipts from recording leases of oyster lots.

(d) A Record of Rents, in which are recorded all receipts
for rent from oyster lots.

(e) General Application Registers, in which are recorded
detailed information as to the names of all lessees, the location
of the lots applied for by them, respectively; the postoffice
address of the applicant, date of application, date of lease and
place of record thereof.

(f) A Resurvey and Adjustment Book, in which are accu-
rately recorded descriptions of the readjustments made by the
Engineers of the Commission of lots held under former law for
the purposes hereinbefore set forth.

(g) Registers of Title to oyster lands, in which are recorded
all leases of oyster lots leased by the Commission.

(h) And, finally, a complete set of mercantile books, in
which are recorded, in regular double entry form, all receipts
and disbursements of the Commission,

In addition to the form of application required of former lot-
holders, 2 it is deemed expedient to reproduce herewith, the
several forms of application adopted by the Board of Shell
Fish Commissioners, with reference to other classes of appli-
cants, to wit : Riparian Owners ; Boatmen, and Applicants
Without Priority, under the Haman Oyster Culture Law. The
same form of oath appended to the application to which refer-
ence is- above made, is required to be made to each of the
classes of applications following, and hence is omitted in the
publication of the latter forms of application.

2 See page 73.

12 Report of the Board of Shell Fish Commissioners

FORM B.

APPLICATION FOB A LEASE

TO THE BOARD OF SHELL FISH COMMISSIONERS OF MARYLAND.

I

ANNAPOLIS, MARYLAND.

The application of

a resident of , in the State of

Maryland, respectfully shows:

1st. That this applicant is a citizen of said State of Maryland, resid-
ing in in the State aforesaid.

2nd. That he wishes and intends to use the grounds hereinafter
described for planting or cultivating oysters.

3rd. That at the time of the opening for oyster culture of the areas

of said , and at the present

time, he was, and is, the owner of a certain lot,

tract, piece or parcel of land, situate, lying and being on the waters of

the , in said State, having a

water front of at least yards; and that the area

adjacent to the riparian lands of this applicant was opened for oyster
culture as aforesaid within four months from date hereof.

The undersigned, therefore, requests hereby, that said Board lease to

'. '. in the name and on "behalf of the

State of Maryland, acres

of ground located under the waters of the State of Maryland, which
ground is adjacent to the aforesaid land, as aforesaid, and is more par-
ticularly described as follows, to wit:

Dated at. Maryland, this

day of , in the year one thousand nine hundred

and

Applicant.

Report of the Board of Shell Fish Commissioners 13

FORM C.

APPLICATION FOR A LEASE

/ *

TO THE BOARD OF SHELL FISH COMMISSIONERS OF MARYLAND.

ANNAPOLIS, MARYLAND.

The application of ,

a resident of , in the State of

Maryland, respectfully shows:

1st. That this applicant is a citizen of said State of Maryland, resid-
ing in in the State aforesaid.

2nd. That upon the date of the opening for oyster culture of the

areas of said , or upon the closing date of the

last dredging, scraping or tonging season, in said

said date being not less than four months, and not more than ten
months from date hereof, he was a boatman engaged in the business of
dredging, scraping, or tonging for oysters within the areas of said
State.

3rd. That he wishes and intends to use the grounds adjacent to a
certain lot, tract, piece or parcel of land situate, lying and being in said

County, having a water frontage of at

least yards; the title to which said land is vested in

a certain , of

The undersigned, therefore, requests hereby, that said Board lease to

him, in the name and on behalf of the State of Maryland

acres of ground, located under the waters of the State of Maryland,
which ground is adjacent to the aforesaid land, as aforesaid, and is more
particularly described as follows, to wit:

Dated at , Maryland, this day

of. : i , in the year one thousand nine hundred

and. .

Applicant.

14 Report of the Board of Shell Fish Commissioners

FORM D.

APPLICATION FOR A LEASE

TO THE BOARD OF SHELL FISH COMMISSIONERS OF MARYLAND.

AXNAPOLIS, MARYLAND.

The application of

a resident of , in the State of

Maryland, respectfully shows:

1st. That this applicant is a resident of said State.

2nd. That he wishes and intends to use the grounds hereinafter
described for planting or cultivating oysters.

The undersigned, therefore, requests hereby, that said Board lease

to \ . .in the name and on behalf of the

State of Maryland acres of ground, located under

the waters of the State of Maryland, which ground is more particularly
described as folloivs, to ivit:

Dated at Maryland, this

day of in the year one thousand nine hundred

and i

Applicant.

Report of the Board of Shell Fish Commissioners 15

For the information of those interested in Oyster Culture in
Maryland, the two forms of lease adopted by the Board are
also published herewith. "Form A" was especially drafted for
the purposes of. leases to lotholders under former law; while
"Form B" is designed for leases to all classes of lotholders,
other than those covered by "Form A."

LEASE.

The Board of Shell Fish Commissioners of Maryland, pursuant to the
provisions of Chapter 711, of the Acts of 1906, and especially in accord-
ance with the provisions of Section 108, Chapter 711, of the Acts of 1906,
does hereby lease, in the name of the State of Maryland, this second day

of April in the year nineteen hundred and seven, unto

for a term of twenty years, beginning on the

second day of April, nineteen hundred and six, and ending on the first
day of April, nineteen hundred and twenty-six; all that lot, piese, parcel

or sub-division of land, situate, lying and being, in

in County, in the State of Maryland, which accord-
ing to a survey (and plat), made on the day of

, in the year , by a certain

Surveyor, duly filed In the office of the Board of Shell Fish Commis-
sioners of Maryland, is particularly described as follows, that is to say:

Said hereby accepts the above

Lease subject to all the provisions of the said Chapter 711, of the Acts
of 1906, and especially subject to the payment of the rentals provided
for in said Act.

BOARD OF SHELL FISH COMMISSIONERS OF MARYLAND.

By :

President.

, . ( SEAL. )

Signed, sealed and delivered in the presence of

16 Report of the Board of Shell Fish Commissioners

FORM B.

LEASE.

The Board of Shell Fish Commissioners of Maryland, pursuant to
the provisions of Chapter 711, of the Acts of 1906, does hereby lease,

in the name of the State of Maryland, this day of

, in the year nineteen hundred and

, unto for a term of

twenty years, beginning on the day of

nineteen hundred and and ending on the

day of , nineteen hundred and

Said hereby accepts the above

Lease subject to all the provisions of the said Chapter 711, of the Acts
of 1906, and especially subject to the payment of the rentals provided
for in said Act.

BOARD OF SHELL FISH COMMISSIONERS OF MARYLAND.

By i. . .

President.
(SEAL.)

s.
Signed, sealed and delivered in the presence of

If c />ort of the Board of Shell Fish Commissioners 17

ASSISTANCE AND CO-OPERATION OF THE UNITED STATES COAST AND
GEODETIC SURVEY AND OF THE UNITED STATES
BUREAU OF FISHERIES.

Section 87 of the Act creating the Board of Shell Fish Com-
missioners of Maryland provides as follows :

"The Governor of this State is hereby requested to ask the
assistance of the United States Coast and Geodetic Survey and
the United States Fish Commissioner to aid in carrying out
the provisions of ^the preceding Section" (of said Act).

Acting under this manifestly wise provision of the Act to
which reference is above made, the Board of Shell Fish Com-
missioners forthwith took up the matter with Senators Rayner
and Whyte, and with Representatives Gill and Mudd, all of
Maryland.

Through the interest manifested on the part of the Maryland
representatives in the United States Senate and House of Rep-
resentatives, legislation was enacted by Congress enabling and
directing the co-operation of the United States Coast and Geo-
detic Survey and of the United States Bureau of Fisheries-
with the Shell Fish Commission of Maryland, as follows :

[Act of Congress approved May 26, 1906.]

AN ACT to authorize the Secretary of Commerce and Labor to co-operate,
through the Bureau of the Coast and Geodetic Survey and the Bureau of
Fisheries, with the Shell Fish Commissioners of the State of Maryland in
making surveys of the natural oyster beds, bars, and rocks in the waters-
within the State of Maryland.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary of
Commerce and Labor be, and he is hereby, authorized and directed,
upon the request of the governor of the State of Maryland, to designate
such officers, experts, and empolyees of the Bureau of the Coast and
Geodetic Survey and of the Bureau of Fisheries as may be necessary to
co-operate with the Maryland State Board of Shell Fish Commissioners
in making a survey of and locating the natural oyster beds, bars, and
rocks in the waters within the State of Maryland; and the Secretary of
Commerce and Labor is hereby authorized and directed to furnish to
the officers, experts, and employees of said Bureaus so detailed as afore-
said such instruments, appliances, and steam launches as may be neces-
sary to make the survey aforesaid; and the Secretary of Commerce and
Labor is hereby authorized to have made in the Bureau of the Coast
and Geodetic Survey all the plats necessary to show the results of the

18 Report of the Board of Shell Fish

aforesaid survey and the locations of the said natural oyster beds, bars,
and rocks in the waters within the State of Maryland, and to furnish to
the Board of Shell Fish Commissioners of the State of Maryland such
copies as may be necessary, and for this purpose to employ, in the Dis-
trict of Columbia and elsewhere, such technically qualified persons as
may be necessary to carry out the purpose of this act.

SEC. 2. That the Secretary of Commerce and Labor is hereby further
authorized to have erected or constructed by the officers so detailed as
aforesaid, while making such survey, such structures as may be neces-
sary to mark the points of triangulation, so that the same may be used
for such future work of the Coast and Geodetic Survey as the said
Bureau may be hereafter required to perform in prosecuting the Gov-
ernment coast survey of the navigable waters of the United States

located within the State of Maryland.

*******

SEC. 4. That this act shall take effect from the date of its passage.

[Act of Congress approVed March 4, 1907.]

AN ACT making appropriations for sundry civil expenses of the Government
for the fiscal year .ending June thirtieth, nineteen hundred and eight, and
for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
sums be, and the same are hereby, appropriated for the objects herein-
after expressed, for the fiscal year ending June thirtieth, nineteen hun-
dred and eight, namely: * * *

COAST AND GEODETIC SURVEY: * * * For any special surveys
* * * including expenses of surveys in aid of the Shell Fish Com-
mission of the State of Maryland, to be immediately available and to
continue available until expended, twenty-five thousand dollars. * * *

The following correspondence bearing upon the subject of
perfecting arrangements for securing the co-operation of the
two departments of the United States Government, as herein-
before set forth, will demonstrate the prompt manner with
which the Executive Department of Maryland communicated
with the Secretary of Commerce and Labor; as well, also, as
the courteous and effective manner with which the communica-
tion of the Executive of Maryland was dealt by the Secretary of
Commerce and Labor.

Report of the Board of Shell Fish Commissioners 19

OFFICE OF THE SHELL FISH COMMISSION.

ANNAPOLIS, MD., May 24th, 1906.
HON. EDWIN WARFIELD,

Governor of Maryland, Annapolis, Md.

MY DEAR SIR: The Board of Shell Fish Commissioners is unoffi-
cially advised that the Act of Congress authorizing the United States
Coast and Geodetic Survey to aid the State of Maryland in making the
Oyster Survey, will likely be signed by the President today.

In accordance with Sec. 87 Chapter 711 of the Acts of 1906, therefore,
I respectfully request your Excellency to make formal request for said
aid, which seems to be contemplated by the Act, as speedily as may be
convenient to you.

Very respectfully yours,

WALTER J. MITCHELL, Chairman,
Board of She.ll Fish Commissioners of Maryland.

OFFICE OF THE SECRETARY OF STATE.

ANNAPOLIS, MD., June- 1st, 1906.
WALTER J. MITCHELL, ESQ., Chairman,

Shell Fish Commission, Annapolis, Md.

MY DEAR SIR: In reply to your letter of the 24th instant, to the
Governor, I beg to enclose, herewith, a copy of his letter to the Sec-
rery of Commerce and Labor, from which you will see that he has
complied with the request contained in your letter.
Yours very truly,

OSWALD TILGHMAN,

Secretary of State.

EXECUTIVE DEPARTMENT.

ANNAPOLIS, MD., May 28th, 1906.
HON. VICTOR HOWARD METCALF,

Secretary of Commerce and Labor, Washington, D. C.

SIR: Under the provisions of the Bill (H. R. 18435) recently passed
by the Senate and House of Representatives, you are authorized and
directed, upon the request of the Governor of- the State of Maryland,
to designate such officers, experts and employees of the Bureau of the
Coast and Geodetic Survey and the Bureau of Fisheries, as may be
necessary to co-operate with the Maryland State Board of Shell Fish
Commissioners in making a survey of and locating the natural oyster
beds, bars and rocks in the waters within the State of Maryland.

I, therefore, respectfully request that this designation be made by
you, as provided above, and that I be advised of the names of the om-

20 Report of the Board of Shell Fish Commissioners

cers so designated, in order that the information may be trasmitted to
the Maryland State Board of Shell Fish Commissioners.

Respectfully,

EDWIN WABFIELD,

Governor of Maryland.

OFFICE OF THE SECRETARY OF STATE.

ANNAPOLIS, MD., June 4th, 1906.

MR. WALTER J. MITCHELL, President. /

Board of Shell Fish Commissioners, Annapolis, Md.

DEAR SIR: By direction of the Governor, I forward you herewith a
letter from the Assistant Secretary of Commerce and Labor, which
explains itself.

Yours very truly,

OSWALD TILGHMAN,

Secretary of State.

DEPARTMENT OF COMMERCE AND LABOR,
OFFICE OF THE SECRETARY, WASHINGTON.

June 2, 1906.
His EXCELLENCY, HONORABLE EDWIN WARFIELD,

Governor of Maryland, Annapolis, Md.

SIR: In reply to your letter of May 28th, requesting me to designate
officers of the Coast and Geodetic Survey and pf the Bureau of Fish-
eries to co-operate with the State of Maryland in making a survey of
and locating the natural oyster beds, I have the honor to inform you
that Mr. C. C. Yates will be designated to co-operate on the part of the
Coast and Geodetic Survey as soon as Congress makes the provisions
of the Act effective by providing an appropriation for the purpose.

Respectfully,

LAWRENCE O. MURRAY,

Assistant Secretary.

On July 3d, 1906, Capt. C. C. Yates, of the United States
Coast and Geodetic Survey, was officially detailed by Superin-
tendent O. H. Tittmann, of that Department, to "enter upon the
duties of Coast Survey Representative on the Shell Fish Com-
mission of Maryland," upon the proper surrender of the com-
mand, accounts, etc., of the Steamer Endeavor, then in
command of Captain Yates, to the Hydrographic Inspector.

Pursuant to these orders, Captain Yates conferred with the
Board of Shell Fish Commissioners, and pending the official

Report of the Board of Shell Fish Commissioners 21

transfer of his former command, the preparation of his equip-
ment and the selection and organization of his field party,
greatly assisted the Commissioners in purchasing the side-
wheel steamer, "Thomas L. Worthier," 3 and in explaining and
supervising the conversion of the "Worthley" into a houseboat
for .the accommodation of the surveying parties of both the Shell
Fish Commission and the United States Government As-
sistants.

Active field work by the Coast and Geodetic Survey party
was commenced on August 10th, 1906.

The efficient work of the Coast Survey Eepresentative and
his corps of assistants is best evidenced by the report and
charts of the Survey of the Oyster Bars of Anne Arundel
County, Maryland, published under the authority of the De-
partment of Commerce and Labor Coast and Geodetic Sur-
vey in June, 1907, to which reference is herewith respectfully
suggested.

The following communication forwarded to the Department
of Commerce and Labor by His Excellency, Governor Warfield,
will briefly explain the detail of Dr. H! F. Moore, of the Bureau'
of Fisheries, as the representative of that Bureau on the Shell
Fish Commission :

EXECUTIVE DEPARTMENT, ANNAPOLIS, MARYLAND.

July 12th, 1906.
HON. VICTOR H. METCALF,

Secretary of Commerce and Labor, Washington, D. C.

MY DEAR SIR: On May 28th I addressed to you a communication
requesting the co-operation of the Coast and Geodetic Survey and the
Bureau of Fisheries with the Shell Fish Commission of Maryland, as
authorized by the recent Act of Congress. You acknowledged receipt
of this letter, stating that Captain C. C. Yates had been detailed from
the Coast and Geodetic Survey for this work, as requested, but making
no mention of the Bureau of Fisheries.

I have communicated with the Commissioner of Fisheries, and am
informed that no instructions from you as to his co-operation with the
Maryland Shell Fish Commission have been received, and that nothing
can be done until you issue such instructions. The work of the Shell
Fish Commission of this State is being seriously retarded by its failure

page 106.

22 Report of the Board of Shell Fish Commissioner^

to secure the desired assistance, and I would therefore request that you
immediately assign to duty with the Commission, at such times as he
may be needed, Dr. H. F. Moore, of the Bureau of Fisheries; and,
further, that you will direct that a steam launch and crew be placed at
the disposal of the -Commission, for its use as provided by the Act of
Congress referred to above.

Very respectfully,

EDWIN WARFIELD,

Governor of Maryland.

DEPARTMENT OF COMMERCE, OFFICE OF THE SECRETARY.

WASHINGTON, July 16th, 1006.
His EXCELLENCY, EDWIN WARFIELD,

Governor of Maryland, Annapolis, Md.

SIR: In reply to your letter of July 12th, I have the honor to say
that under authority of 'an Act of Congress, approved May 26, 1906, I
have this day directed the Bureau of Fisheries to detail Dr. H. F.
Moore for work in connection with a survey of the Oyster Grounds of
Ma'ryland and to furnish and maintain a suitable launch and crew for
the purpose of carrying out the provisions of the said Act.

Respectfully,

V. H. METCALF,

Secretary.

Dr. Moore, while not constantly emploj^ed in connection with
his detail with the Shell Fish Commission, has been in constant
touch and communication with the Commissioners, and ren-
dered invaluable assistance in the work of the Commission,
practically, as well as scientifically.

In this connection it is also proper to state that the use of
the launch "Canvas Back" and crew, consisting of coxswain
and engineer, from the Bureau of Fisheries, as a survey boat
for the hydrographic survey party, has been of great assist-
ance to the Commission, and resulted in a substantial curtail-
ment of the expense incident to its work.

ASSISTANCE OP STATE FISHERY FORCE.

Section 97 of the Oyster Culture Act of 1906, providing that
one of the steamers of the State Fishery Force shall be kept in
commission under the command of the Deputy Commander and

Report of the Board of Shell Fish Commissioners 23

subject to the control and direction of the Commissioners from
the first day of April, in each year, until the first day of Octo-
ber following, has been observed by the Board of Public Works*
and the Commander of the State Fishery Force, the State
Steamer "Governor P. F. Thomas" having been in the service of
the Commission during the season of 1906, and the State
Steamer "Governor R. M. McLane" having been in like service
during the season of 1907.

The section of law providing for the assistance of the State
Fishery Force, as above indicated, does not, in express terms,
provide for the maintenance and wages of the crew of the
State steamer while in the service of the Commission; and
some question has arisen as .to whether this item of expense is
properly chargeable to the State Fishery Fund, or to the State
special appropriation for the purposes of the Shell Fish Com-
mission.

The Steamer "Governor P. F. Thomas," under the command
of Deputy Commander James H. Turner, in response to the
requisition of the Board of Shell Fish Commissioners, reported
for service on June 28th, 1906, and remained with the Commis-
sion until September 28th of the same year.

During this period covering about three months the sub-
sistence and wages of the crew of the "Governor P. F. Thomas"
were entirely paid l\v the Shell Fish Commission, by direction
of the Board of Public Works of Maryland, the amount of this
item of expense to the Commission for the service stated being
one thousand forty-nine dollars and eighty-three cents.

Realizing the expense incident to the maintenance of one of
the State steamers while in the service of the Shell Fish Com-
mission, a conference with the Board of Public Works was
requested by the Shell Fish Commission before field operations
for the season of 1907 were begun, and on the 27th of March,
1907, as a result of this conference, the following resolution
was adopted by the Board of Public Works :

"Resolved, That the Secretary of the Board of Public Works
be directed to instruct the Commander of the State Fishery
Force to place at the disposal of the Board of Shell Fish Com-
missioners the steamer "Governor R. M. McLane," and that the

24 Report of the Board of Shell Fish Commissioners

same be manned by a captain, mate, engineer, assistant, and
two firemen, and furnished with coal and equipments at the
expense of the State, in pursuance of the provisions of Section
07 of Chapter 711 of the Acts of 1906."

Under this order of the Board of Public Works, the Shell
Fish Commission has been relieved of the extraordinary
expense of maintaining the State steamer, further than the ex-
pense of furnishing subsistence for her crew, during the field
season of 1907.

The Commission herewith extends its due appreciation of the
uniform courtesy accorded it by Deputy Commander James H.
Turner and the crews under his command during both seasons
of field work.

LOCAL ASSISTANTS AND COMPENSATION OF SAME.

Under the provisions of Section 88 of the Haman Oysfer
Culture Law, the Commission has so far come in contact with,
and had the co-operation of, the following local assistants,
appointed by the respective Boards of County Commissioners
of the counties opposite their respective names : .

Anne Arundel County Joseph E. Smith.

Somerset County Thomas Dougherty.

The Commission has found both the gentlemen named to be
well equipped with knowledge of the general location, extent
and condition of natural oyster bars of their counties,
especially in the localities in which they respectively reside;
and the information which they have thus- brought to the work
of the survey has also been most advantageously supplemented
by the invaluable assistance, in reference to existing and con-
trolling social conditions in localities known to them, which
they have at all times graciously accorded the Commission.

So far, the compensation to these local assistants of five dol-
lars per day for each day actually engaged in the service of the
Commission has been paid out of the general appropriation at
the command of the Commission. The Commission at the out-
set of the survey in Anne Arundel County made demand for

Report of the Board of Shell Fish Commissioners 25

reimbursement for money paid Mr. Joseph E. Smith on this
account and, in an opinion of Hon. William Shepard Bryan,
Attorney General of Maryland, courteously furnished the Com-
mission, at the suggestion of the Counsel for the Board of
County Commissioners of Anne Arundel County, who stated
that he would recommend to his Board the adoption of such
opinion as the Attorney General might render in the matter;
the view is held that the County Commissioners, being clothed
with the authority to appoint local assistants, were thereby
liable for the compensation of their appointees 1 ; although , the
inference deducted from the opinion of the learned Attorney
General is to the effect that there is nothing compulsory in the
law requiring the appointments to be made by the respective
Board of County Commissioners.

The opinion is hazarded, in view of the fact that the Haman
Oyster Culture Law contemplates revenue for the State at
large, that it would work some injustice to the tidewater coun-
ties to place upon them the cost of defraying the per diems of
local assistants, and in consequence of this conflict of opinion,
the Board of Shell Fish Commissioners has not pressed its
claim against the Board of County Commissioners of the
counties so far surveyed, although this item of expense, as will
fully appear by reference to the financial statement furnished
herewith, has been of considerable magnitude.

ASSISTANCE OP THE CITY AND COUNTY PRESS.

A chronicle of the assistance rendered the Commission
through .the several sources and agencies hereinbefore indicated,
would be incomplete, upon a failure of 'the Commission to ac-
knowledge, on behalf of the friends of the oyster culture in
Maryland, as well as on its own behalf, its indebtedness to the
forceful city and county press of Maryland for the uniform
courtesy with which the Board of Shell Fish Commissioners
of Maryland, in its official capacity, has been dealt.

Without exception the daily press of Baltimore City has
been especially active in keeping the subject of Oyster Culture
conspicuously before the people and it has been due to the intel-

20 ffi'/tort of tin- Hoard of Midi Fish Commissioner*

ligent, efficient and discriminating manner with which that
subject has been handled by. the Baltimore City press, as sup-
plemented by the more progressive weekly papers of the
counties of Maryland, that public opinion has been favorably
crystallized around enlightened methods and policies essential
to the ultimate success of oyster culture in the State. This
united action of the Maryland press has, douibtless, removed
many obstacles which, otherwise, would have confronted the
Board of Shell Fish Commissioners in promulgating and exe-
cuting the law under which it was created.

It therefore follows, that the Commissioners, individually, as
well as officially, are indebted to the press, and that indebted-
ness it re-affirms hereby, with due appreciation.

CONNECTICUT SHELL FISH COMMISSION.

In view of the courtesies extended the Maryland Shell Fish
Commission at the outset of its work, by the Shell Fish Com-
mission of Connecticut, the following extract from the 1906
report of the latter Commission, is published herewith. The
extract quoted deals with the esteem with which oyster legis-
lation of Connecticut is held by oyster culturalists, generally ;
and comments more particularly upon the visit of Commis-
sioner Grave and Engineer Earle to the Shell Fish Commission
of Connecticut, upon the inauguration of the work of the Shell
Fish Commission in Maryland. In this connection the Mary-
land Shell Fish Commission desires to extend to the Connec-
ticut Commission, its due appreciation of the cordial treatment
extended its representatives, as well as to acknowledge its
indebtedness for many valuable suggestions based upon both
careful thought and experience, which have marked the growth
of an enlightened oyster culture sentiment in the New England
State.

"The estimation in which the oyster laws of the State of Con-
necticut are held by the law makers and oystermen of other
States is a source of continual gratification to the Commission
and the call for copies of our oyster laws is constant. The pre-
vious editions of the report in which the laws have been printed

Report of the Board of Shell Fish Commissioners '27

having been long since exhausted, the Commission has, with
the approval of the Board of Control, reproduced them from
the Revised Statutes of 1902 down to date in an Appendix to
the present report, and the Commission considers this a fitting
time to introduce some matters illustrating the estimation in
which our system of Shell Fish laws is held by other States
whose oyster interests much exceed our own in extent.

"It is now about twenty-five years since the establishment of
the present system of laws governing the shell fish business in
the State of Connecticut and during that time there has been
a constant improvement in the system, a continual readjust-
ment through the knowledge gained by experience and a
readaptation to the changing conditions, which conditions
have advanced also,. as the progressive and enterprising growers-
improved their apparatus and their methods. The basic prin-
ciples are the same but many changes and readjustments, as
has been said, have been made. During that period also the
business has developed enormously and has come to be one of
the important industries of the Staite. Other States whose
waters afford even greater facilities for the growth and devel-
opment of the oyster business, but in which it has been allowed
to be carried on by the antiquated and inadequate methods of
the past have watched the development of the industry in
Connecticut and have sought to learn of her improved system
of State management. The laws of this State governing the
cultivation of shell fish have been sent to every State in the
Union, which has any considerable shell fish interests and many
of them have been incorporated into their own laws.

"Among the most recent of the States to adopt a new system
and to find a part of the Connecticut methods of advantage is
Maryland. While she looks upon her oyster grounds as a source
of revenue to the State, as has always been her view, she still
finds many of the Connecticut laws agreeable to her purpose
and she has recently constituted a Shell Fish Commission
which has charge of the management of her shell fish interests
and the administration of her laws.

"In May, 1906, several members and other officers of this
newly constituted Commission visited Connecticut to see and

28 Report of the Board of Shell Fish Commissioners

study our system and certainly the encomiums passed by these
officials, and they were scientific men and to a large extent
experts, was something to rejoice the hearts of Connecticut men
connected with the industry, officially and in a business way,
who had labored diligently and continuously for many years to
bring the system of Connecticut's laws and usages into a
practical and satisfactory condition."

Upon the occasion of the visit of Commissioner Grave and
Engineer Earle to Connecticut, Judge A. McC. Mathewson, who
for a number of years was connected with the State Board of
Shell Fish Commissioners, in speaking of the best method to be
adopted in operating the Haman Bill in Maryland said:

"We have in Connecticut 8,000 acres of natural oyster beds.
The trouble which we encountered was in defining these beds
and drawing the distinction between the natural beds and bar-
ren bottoms. I understand that the same problems confront
the Maryland Commission, and from the same causes. When,
however, we established the line our troubles were over. The
Supreme Court of this State rendered a decision confirming the
boundaries of the natural oyster beds which had been defined
by the Legislature and as soon as these exact boundary lines
were established the rest was easy. Your Maryland Commis-
sion will make its task easy if it will definitely, finally aod
resolutely fix the boundaries of the natural beds.

"After we had established these boundaries the laying out
of the barren lands became an easy task. The planters took up
the land that was absolutely worthless and have transformed
it into valuable beds.

"The greatest problem which the Maryland Commission must
settle, and settle amicably and at once, is the controversy
between what we call the 'natural growers' and the cultivators.
It ought not to be difficult to settle this question. The 'natural
growers' will soon be convinced that oyster cultivation is of the
greatest benefit to them, and in five years they will be surprised
that they so long opposed cultivation. They will find their
opportunities greatly extended."

Report of the Board of Shell Fish Commissioners 29

THE HAMAN OYSTER CULTURE LAW.

OBJECT.

The Legislature in placing Chapter 711 of the Acts of 1906,
better known as the Haman Oyster Culture Law, upon the
statute books of Maryland had a two-fold object in view :

1. To encourage an industry in oyster culture upon the
barren bottoms beneath the tidewaters of the State.

2. To prevent the leasing of natural oyster bars for the
purpose of oyster culture.

SURVEY.

To make the leasing of barren bottoms possible and the leas-
ing of natural bars impossible, provision was made for a survey
of the natural bars for the purpose of accurately locating and
marking the same. It was definitely provided that no barren
bottoms should be leased in any part of the State until the
natural bars of that region had been surveyed, charted and
marked with buoys.

NATURAL BAR NOT DEFINED.

The Shell Fish Commission is instructed by Section 90 of the
Haman Oyster Culture Law to exercise its judgment liberally
in favor of the natural bars when surveying, charting and
buoying them, but other than this the Commission is unin-
structed in this important matter. The responsibility of
defining a natural bar is placed upon the Commission.

30 tti'jtort of the Hoard of Hhcll /'/*// C<nnniiNxioni'rx

DEFINITION OF NATURAL OYSTER BAR.

DIVERSITY OF OPINION.

No definition of a natural oyster bar could be formulated by
any man of body of men which would meet with the approval of
all parties concerned. Oystermen, as a rule, hold that all bot-
toms where oysters grow or have grown naturally even though
now practically barren of oysters should be considered natural
bars. Other citizens of the State who are not directly inter-
ested in the oyster business, but interested in the oyster
industry from the standpoint of revenue, hold, as a rule, that
no bottoms should be excluded from leasing for oyster culture
which, by methods known to oyster culturalists, may be made
to yield a greater number of oysters than they now produce.

It should be evident to every one that neither of these defini-
tions could be adopted by the Commission as a working basis
for determining which of the grounds surveyed are natural
oyster bars

THE GOLDSBOROUGH DEFINITION.

The definition of a natural bar which very nearly approaches
a reasonable and satisfactory compromise between -the extreme
views given above and which has therefore been adopted by the
Commission, is that contained in an opinion rendered by Judge
Chas. F. Goldsborough in the Circuit Court for Dorchester
county in the July term, 1881, in the case of William T. Wind-
sor and George R. Todd, vs. Job T. Moore. It is as follows :

"What then is a natural bar of bed of oysters? It would be a palpa-
ble absurdity for the State to attempt to promote the propagation and
growth of oysters and to encourage its citizens, by grant of land, to
engage in their culture, if the lands authorized to be taken up were only
those upon which oysters do not and can not be made to grow. That
there may be lands covered by water in the State where no oysters can
be found, but where, if planted, they could be cultivated successfully,
may be possible, but, if so, I imagine that their extent must be too

Report of the Board of Shell Fish Commissioners 31

limited for them to be of much practical, general advantage for the pur-
poses of such a law as the one under discussion; but there are thou-
sands of acres of hard and shifting sands where oysters not only are
not found, but where it would be folly to plant them; and these lat-
ter it can not be supposed that the State intended to offer to give away,
for the simple reason that the State could not help knowing that
nobody would have them.

Upon the other hand there are large and numerous tracts where
oysters of natural growth may be found in moderate numbers, but not
in quantities sufficient to make it profitable to catch them; and yet
where oysters may be successfully planted and propagated. In my
opinion these can not be called natural bars or beds of oysters, within
the meaning of the Act of Assembly, and it is just such lands as these
that the State meant to allow to be taken up under the provisions of
the above-mentioned section of the Act.

But there is still another class of lands where oysters grow naturally
and in large quantities and to which the public are now and have been
for many years in the habit of resorting with a view to earning a live-
lihood by catching this natural growth; and, here', I think, is the true
test of the whole question. Land cannot be said to be a natural oyster
bar or bed merely because oysters are scattered here and there upon
it, and because if planted they will readily live and thrive there; but
whenever the natural growth is so thick and abundant that the public
resort to it for a livelihood, it is a natural oyster bar or bed and comes
within the above-quoted restriction in the law, and cannot be located
or appropriated by any individual."

32 Report of the Board of Shell Fish Commissioners

APPLICATION OF DEFINITION.

FACTORS NECESSARY.

Much is left to be done after the adoption of this definition
of a natural oyster bar before its application can be made to
the oyster grounds surveyed. Not only must the actual condi-
tion of the grounds in question be accurately ascertained but
also the conditions under which oystermen resort to the oyster
grounds for the purpose of making a livelihood.

The facts to be ascertained concerning oyster grounds are :

1. The quantity of oysters they will yield.

2. The average number of oysters, as- removed from the
ground, required to fill a bushel measure.

The factors which must be taken into account in determining
the minimum livelihood of an oysterman are :

1. Necessary annual expense.

2. Length of actual working season.

3. Total amount of bottom worked annually by an oyster-
man.

4. Price received by oystermen for oysters.

5. Quantity of oysters necessary to sell for the minimum
livelihood of an oysterman.

The methods pursued to ascertain the facts and conditions
necessary for the application of the Goldsborough definition
of a natural oyster bar to the grounds surveyed by the Com-
mission, and the conclusions- arrived at in each case are fully
set forth in the pages which follow.

SURVEY DATA INSUFFICIENT.

It became apparent early in the survey that the data secured
on the hydrographic survey boat are valuable only for ascer-
taining the outlines of the oyster grounds and for giving, a
basis for determining the relative values of different grounds
and different parts of the same ground. They furnish no

I

Report of the Board of Shell Fish Commissioners 33

basis however for ascertaining even approximately the quan-
tity of oysters on a given bottom. From the vibrations on the
wire of the chain apparatus,* it is known that solid objects of
some kind are on the bottom and, being above ground where
oystering is or has been profitably carried on, the inference is
that the objects causing the wire to vibrate are oysters. No
one can be sure, however, that the vibrations on the wire are
caused by oysters for the same resuK would be brought about
if the chain were being dragged over coarse gravel, brickbats
or shells. On more than one occasion during the survey an
examination of a bottom by an oysterman showed that what
had been recorded on the survey boat as a dense growth of
oysters was in reality -stones. To decide that all bottoms, on
which the presence of oysters might be inferred from the chain
and sounding records, . are natural bars, would be to decide a
most important matter on incomplete and doubtful evidence.
Knowing that the data secured by the survey boat are insuffi-
cient for its guidance in ascertaining the status of the grounds
surveyed, the Commission set about to develop a system of
examinations whereby reliable data could be secured regard-
ing the actual condition of the oyster grounds, and it is
believed that the facts secured by the method adopted, when
added to those secured by the survey boats, place the Com-
mission in a position in which its action concerning an oyster
ground of disputed status can be satisfactorily explained and
defended.

i

EXAMINATIONS WITH DREDGE.

Lient. Francis Winslow, in the survey made by him in 1878
of the oyster bars of Tangier and Pocomoke Sounds, calculated
the number of oysters per square yeard on the grounds sur-
veyed from data secured by dragging a dredge of known width
for a definite distance and time, over them. 4

*See page 114.

^"Report on the Oyster Beds of the James River, Va., and of Tangier
and Pocomoke Sounds, Md. and Va. y " page 7, Report for 1881. Appendix
No. 11, United States Coast and Geodetic Survey.

34 Report ef the Board of Shell Fish Commissioners

Skill and experience are most important factors in operating
a dredge : Account must be taken at all times of the kind of
bottom, the weight of the dredge, the speed of the boat and
the length of the line, otherwise more oysters will be left on the
dredged bottom than are brought away. Lieutenant Winslow
states in his report 5 that the data secured and published by
him are valuable only for a comparative study of the different
oyster grounds. The actual amount of oysters per square yard
on the ground covered could not be calculated from the results
of his examinations. He is positive, judging from the quanti-
ties of oysters caught by oystermen, that thfe number of oysters
really on the ground examined was many times the amount
indicated by his examinations.

EXAMINATIONS WITH TONGS.

Knowing that examinations of oyster grounds by means of
a dredge 6 are not valuable unless made by those expert in
handling dredges, and that to secure an equipment for carry-
ing out such a method satisfactorily would be very expensive,
the Commission adopted a method for examining the grounds
surveyed with tongs which has proved to be simple, reliable
and inexpensive. Frequent comparisons have been made dur-
ing the survey between the catch actually made per day by
oystermen tonging upon a particular bar, with the amount
which, according to the calculations made from the results of
examinations, they should be able to catch, and in most cases
the two amounts agreed remarkably closely.

6 Page 8, of Winslow's report.

eA number of examinations with a dredge were made during the sur-
vey of the Somerset County oyster grounds in order to compare the
present condition of certain bars with that which existed at the time
of the survey by Lieut. Winslow and to compare the results obtained
with tongs, with those with a dredge.

a u

U_ Q

Report of the Board of Shell Fish Commissioners 37
THE TONGING METHOD.

STATIONS SELECTED AND MARKED.

The local oysterman, appointed in accordance witfc Section
88 of the Hainan Oyster Culture Law to point out the oyster
grounds to the Commission, usually selects the stations for
examinations. He is in a position, while manipulating the
chain apparatus on the survey boat, 7 to find the parts of the
bottom which show its average condition. A spot having been
selected for examination by the local oysterman, it is marked
with one of the small flag buoys prepared for this purpose.
Each buoy is marked with a number and when cast over at a
station its number and its exact position on the line of sound-
ings is recorded in the sounding record book. 8 Positions for
examinations have sometimes been selected by a member of the
Commission on the boat from which the examinations are made
but the selection of positions in this way is avoided as much
as possible since such positions are in no way connected with
the lines of soundings and the results obtained at them there-
fore lack the value of comparative purposes which is pos-
sessed by those obtained at positions situated on a long line of
soundings. 9 When positions were selected from the boat mak-
ing the examinations they were located by a special set of
angles and were later plotted on the survey boat sheets.

BOAT ANCHORED. .

The boats- 10 from which the examinations were made fol-
lowed the survey boat over the grounds to be examined and
anchored over the spots previously marked with the small flag
buoys by the local oysterman.

7See page 116. sSee page 117. See page 118.

ioFour boats, hired from oystermen, were used in making the exam-
inations of the oyster grounds of Anne Arundel County. From the fact
that these boats had to be rowed or towed from place to place the num-
ber of examinations it was possible to make was not so large as was
desired. Toward the end of the season, therefore, a launch was hired
to complete the work, in Anne Arundel County and, before beginning
the survey in Somerset County, the Commission purchased a speedy
gasoline launch, the "Investigator," for this work.

38 Report of the Board of Shell Fish Commissioners

In the examination boat were a tongman, a member or a
representative of the Commission and one or more helpers.

OYSTERMEN EMPLOYED.

\

It was the desire of the Commission to have the examina-
tions made in every case by tongman who makes his livelihood
during the tonging seasons by oystering on the public oyster
grounds and one who is considered by his co-laborers a tong-
man of at least average ability. In all, six tongmen were
employed at different times to make the examinations in Anne
Arundel County :

Examinations Made.

Robert Coats 27

Benjamin Ford 9

Curry Stallings 252

James Howard 4

Oscar Hartge 12

Joseph E. Smith 95

iiStallings and Hartge (Patent Tongs) 41

Total : 440

In Somerset County, W. E. Kevelle and W. H. Revelle made
the examinations with tongs. When patent tongs or a dredge
were used, W. S. Chelton assisted with the work.

Examinations with tongs 493

Examinations with patent tongs 112

Examinations with dredge 74

Total 679

In all cases when the depth of water permitted, ordinary
tongs were used in examining the oyster grounds, but when
the depth exceeded twenty-five feet patent tongs were used. As
has been mentioned above, a dredge has been used to a limited
extent in Somerset County, that a comparison might be made
between the condition of certain grounds now and at the time

iiCurry Stallings and Oscar Hartge.

Report of the Board of Shell Fish Commissioners 39

of the Winslow survey, and to demonstrate that the tonging
method is superior to a dredging method for ascertaining the
facts desired.

The usual amount of time spent in making an examination
at a station is ten minutes, but in some cases they cover fifteen
minutes and at others a satisfactory result is secured in five
minutes.

DATA COLLECTED AND RECORDED.

While the tongman is at work, the depth of water is measured
and a sample of the water is collected from near the bottom and
tested with a thermometer and salinometer to ascertain the
amount of salts it contains. Measurements of the rate of flow
of the currents are also frequently made. Specimens of
water 12 are collected at each oyster ground and taken to the
laboratory for future examination as to the quantity of oyster
food contained.

As soon as the tonging is done the material, caught and
placed on the culling board, is divided into four piles; the
shells, culls (undersized oysters), oysters of medium size and
large oysters being carefully separated, measured and counted.
The results of each examination together with the number of
the station, the amount of ground covered, the number of the
flag buoy, the name of the tongman and the number of "grabs"
made with the tongs, are recorded in a field record book, a
specimen page of which is reproduced below.

MARYLAND SHELL FISH COMMISSION.

FIELD RECORDS OF EXAMINATIONS' OF OYSTER BEDS.

County, Somerset.

Local Name of Oyster Ground, S. W. Middle Ground Bar.

Date, July 28, 1907.

Time, 2:42-2:49.

Angle, 23 E.

Depth, 19 feet.

Bottom, hard stony.

i2See page 192.

40 Report of the Board of Shell Fish Commissioners

Density, 1.009. Temperature, 73.
Current, 50 feet=65 seconds.
Tongman, Revelle and Chelton.
No. Grabs Made, 4. Tongs, patent.
Total Area Covered, 4 square yards.

2.5 inches, 20.

2.5 inches 4 inches, 0.

4 inches, 0.
Quantity Shells, 25.

per square yard, 5.

"* Counts' per square yard, 0.

At the close of each day the angles locating each station
were added to the field record from the sounding record, and
the entire series of records were transferred from the field
record to the office record book.

Report of the Board of Shell Fish Commissioners 41

UNITS OF MEASUREMENTS.

TIME.

At the beginning of the survey the tongman making the
examinations was instructed to work ten minutes at each
station and his results were recorded as a fractional part of an
eight-hour day's labor. It was intended that the ground ex-
amined should be judged to be natural bar or barren bottom,
according to the amount of oysters it would yield per eight-
hour day, as based upon the amounts yielded at the places
examined in the fractional parts of the day spent in tonging.

It soon became apparent, however, that there is a great
difference in the amount of bottom covered in ten minutes by
different tongmen and that the same tongman covers much
more bottom when the water in which he is tonging is shallow
than when deep. It is not. so important that the amount of
time spent at a station by the tongman be known as it is to
know how much ground is worked over.

AREA.

To avoid the possibility of a very considerable error in the
computations and conclusions concerning the condition of an
oyster ground as a whole, based upon the condition of the
areas examined, a unit of measurement of the results of the
work at the stations was adopted which represents a fairly
accurate- quantity of bottom and is independent of the amount
of time spent in tonging, or the ability of the tongman to work
rapidly. With this unit the results of each examination are
calculated and recorded in- terms of oysters yielded per square
yard.

42 Report of the Board of Shell Fish Commissioners

TONGING UNIT THE "GRAB." 13

I

The tonging unit may be termed the "grab" and it can be
shown to be the unit of all tonging operations.

A "grab" is made when a pair of tongs is placed upon the
bottom, with the heads opened, and the shafts closed once. The
area covered by this operation may be calculated by multiply-
ing the length of the heads by the distance to which they are
separated when placed on the bottom.

AREA OF "GRABS" VARIABLE.

\

Tongs used for work in shallow water are fitted with wide
heads but for work in deep water, tongs with narrower heads
are used. In shallow water it is possible, owing to the shortness
of the shafts, to separate the heads much further before making
a "grab" than it is when working in deep water with, long-
handled shafts. Thus it is seen that the area of the "grab" is
a variable quantity, gradually decreasing as the depth of water
increases (see figure 1). For the same depth of water however
it remains fairly constant, making it possible to construct a
table showing the area of the "grab" for depths of water vary-
ing from five to twenty-fiv.e feet. Such a table constructed
from measurements of the tongs used by the Commission in
Anne Arundel County, is reproduced on page 66. It is the
one used in calculating the results of the examinations made of
the oyster grounds in Anne Arundel County. In Somerset
County new tongs were purchased and a new table, reproduced
on page 67, therefore had to be made for use in calculating
the results of the work done with them.

term "Lick" is used as. frequently by tongmen as "Grab," as the
unit of their work. A tongman makes a "Lick" when he delivers the
contents of his tongs to the culling board. To fill his tongs, however,
he may make one, two, three and sometimes several "Grabs," depending
upon the depth of water, the velocity of the current and the quantity of
oysters on the bottom.

I I

Report of the Board of Shell Fish Commissioners 45

FACTORS.

I

The length of the heads of a pair of tongs of course remains
constant, but the width to which the heads are separated
in making a "grab" depends upon several factors :

1. - The height above the water at which the tongman grasps
the shafts of his tongs.

2. The width to which he separates the shafts at the level
of his hands.

3. The depth of water in which he is, tonging.

4. The position on the shafts of the pin.

The first and second of these factors has been carefully deter-
mined by observing the tongmen employed by the Commission at
work during the season and numerous tongmen at work on
THREE SISTERS^, TOLLEY POINT and HACKETT POINT bars. From
these observations it was found that the average tongman
usually grasps the shafts of his tongs at a point about three
feet above the surface of the water, and in making a grab sepa-
rates the shafts at the' level of his hands, about three and one-
half feet.

To find the distance between the teeth of the heads of the
tongs, according to the above rule, in depths of water varying
from five to twenty -five feet, 14 the tongs were placed in a hori-
zontal position on a level surface and, while the shafts were
properly separated, careful measurements were made of the
distances to which the heads were thereby opened for every
depth of water to which the tongs were adapted. See figure 2,
page 43. The results of these measurements are recorded in the
third column in the table on page 66. In the fourth column of
the same table the area of a grab made with these tongs in the
various depths of water is given.

There is no fixed rule for the position of the "pin" or "pivot"
which fastens the shafts of tongs together, but it is usually
placed at a point about one- fourth to one-third the length of the
shafts, from the heads.

"Several years ago tongmen sometimes worked on oyster bars located
in water as deep as thirty feet, but on account of the great difficulty in
handling the heavy shafts needed there is now practically no tonging
done in water deeper than twenty-five feet.

46 Report of the Board of Shell Fish Commissioners

APPLICATION TO GROUND EXAMINED.

j

Knowing the area of each grab and the number of grabs
made by a tongman at a given station, the number of square
yards actually covered may be easily calculated and, knowing
the number of oysters taken from this area, it is a simple
matter to calculate the number of oysters removed per square
yard.

EXAMPLE.

Let us suppose that twenty-four grabs are made by a tong-
man on a bottom covered by twelve feet of water and that
forty-six marketable oysters are caught. The area of a grab
at this depth is 2.93 square feet. 15 During the entire examina-
tion the area covered by twenty-four "grabs" is s'eventy square
feet of 7.7 square yards. Forty-six oysters having been re-
moved from this area, it follows that six marketable oysters
per square yard were taken.

PATENT TONGS AND DREDGE.

The factor which made it difficult to calculate the area
covered at a station with ordinary tongs (that of the variability
in the area of the grab with the depth of water) is entirely
absent from calculations of the areas examined with patent
tongs or dredge.

With patent tongs the area of the grab remains constant,
one square yard, in all depths of water. The heads of patent
tongs are three feet in length and are separated and set to a dis-
tance of three feet before the tongs are lowered upon the bot-
tom. The number of oysters taken at each grab is therefore the
number which the ground will yield per square yard.

With a dredge also the width of the toothed bar remains con-
stant and the area covered during an examination is found by
multiplying this width (2 1-3 feet in the dredge used by the Com-
mission) by the distance the dredge is towed on the bottom.
In making an examination the dredge is placed upon the bot-

table, page 66.

Report of the Board of Shell Fish Commissioners 47

torn at a flag buoy which has been dropped by the local oyster-
man and located by the hydrographic engineers. It is then
towed by the launch in a definite direction by means of a
range on shore, and its position when taken from the bottom
is located by the person in charge of the examining boat by
means of a set of sextant angles. The distance between the
positions at either end of the line covered by the dredge is
measured on the chart. The number of oysters per square yard
on the area examined is found by dividing the total number of
oysters caught by the total number of square yards covered.

Report of the Board of Shell Fish Commissioners

NUMBER OF OYSTERS PER BUSHEL.*

COUNTS.

While sufficient quantities of oysters were frequently caught
during the examinations to be measured more or less accu-
rately, it was more often the case that the number taken was
few and could only be recorded by number. It was therefore
necessary to determine the average number of marketable oys-
ters required to fill an oyster, bushel measure in order to
calculate from the results of the examinations the condition
of the oyster grounds.

Oysters of all sizes, from two and one-half inches to more
than five inches in length, are caught by oystermen when at
work on the oyster grounds and thrown together, usually
without reference to size. The number of oysters, just as they
come from the grounds, was therefore that which the Commis-
sion desired for its computations and not the number of oysters
of any given size required to fill a bushel tub.

No better way suggested itself to the Commission to ascer-
tain the number desired than to take an average from all the
measurements and counts made during the examinations of the
oyster grounds in Anne Arundel County. By this method it
was found that 329 oysters fill a legal oyster-bushel measure
and this number was adopted by the Commission to represent
one bushel of marketable oysters.

CULLS.

i

The estimate of the condition of the oyster grounds during
the season following the survey, which is made in the tables on
pages 140 and 176, is based upon the assumption that one-half of

"The dimensions of an oyster-bushel measure, as established by the
Maryland Legislature, are: 16.5 inches across bottom, inside to inside;
21 inches diagonally from inside chime to inside top, and 18 inches
across top, inside to inside. This measure has a capacity of 2800.6
cubic inches. The capacity of the standard bushel measure is 2150.4
cubic inches.

Report of the Board of Shell Fish Commissioners 49

k

the undersized oysters found on the ground during the survey
will have grown to marketable size and that one-third of the
marketable oysters will remain. Many of the young oysters
on the grounds at the time of the survey will die during the
year following, and but few of them will have attained a
length of four inches at the end of a year.

OYSTERS OF UNIFORM SIZE.

By another method for ascertaining the number of oysters
per bushel, a large quantity of oysters of all sizes was carefully
separated into groups of oysters of uniform size, and one-
fourth bushel of each group was counted. The result of these
measurements and counts is given, since it will prove interest-
ing to some readers.

Supposing that, in making a day's catch on the grounds, an
equal volume of oysters of each size is taken, each legal oyster-
bushel would consist of 406 oysters. ,

Standard Legal

Length of oysters. Bushel measure. Bushel measure.

2.5 inches. 632 821

3. " 400 520
3.5 '' 240 312

4. " ISO 234

5. " 112 145

406 Average.

50 Report of the Board of Shell Fish Commissioners

EQUIPMENT AND EXPENSE.

TONGMEN.

A natural oyster bar is a place to which oystermen resort
for the purpose of making a livelihood. It ceases to be a
natural bar when it no longer yields oysters in sufficient quan-
tities to induce oystermen to resort to it for this purpose. To
find an amount of money which represents the minimum liveli-
hood for which oystermen will continue to resort to an oyster
ground estimates, based upon information secured from oyster-
men, were made by the Commission of the annual expense to
which oystermen are put in order to catch oysters for a live-
lihood.

The annual necessary expense of a tongman, according to
information thus secured, is as follows :

Interest on an equipment valued at $200 $12.00

License to tong on the public oyster grounds 3.50

Repairs to boat, tongs, etc 9.50

Hire of boy to cull, 100 days at $0.75 per day 75.00

Living expenses for self and family, 237 16 .days at

$0.75 per day 177.75

Total $277.75

Upon these figures the Commission based its decision that all
grounds located in tonging districts in Anne Arundel County
not in condition at the time surveyed to yield or to give
promise to yield in the near future a sufficient quantity of oys-
ters to tongmen to enable them to make a livelihood such as is-
represented by $277.75 per season are barren bottoms. 17

page 57.

important exception to this rule has been made by the Com-
mission to apply to all well-stocked oyster grounds located within areas
designated for tonging, covered with water more than twenty-five feet
in depth. All grounds so located, no matter how well stocked with
oysters, are, according to. the definition of a natural bar, barren bottoms
for, due to their great depth, they are not resorted to by tongmen for

Report of the Board of Shell Fish Commissioners 51

It is safe .to say that no tongman who works regularly on the
public oyster grounds makes less than f 277.75 during a tonging
season and that very few tongmSn would continue to take out
licenses to tong if they did not expect to get more than this
amount for their season's work. By referring to the tong-
man's record, printed on page 55, it will be seen that the
average wage per day % for one tongman for three years was
about $5.00, or nearly twice the amount ($2.78) which has been
adopted by the Commission as the minimum wage for which
tongmen can afford to resort to the public oyster grounds. 18

DREDGERS AND SCRAPERS. 19

The cost of equipping and operating boats of small capacity
for dredging or scraping is much less than the cost of equip-

the purpose of making a livelihood. Should well-stocked grounds of
this kind be thrown open for lease the spirit of the Haman Oyster
Culture Law would be violated, for lessees of such grounds would
immediately begin to remove oysters instead of to plant them, and the
result would be to decrease instead of to increase the number of oysters
in the State.

A reason sufficient in itself for the action of the Commission in desig-
nating such grounds natural bars is to be found in the important fact
that undisturbed deep-water communities of oysters constitute great
nurseries from which immense numbers of young oysters are annually
furnished to the natural bars everywhere in the Bay and its tributaries.
It is probably due, in great measure, to such nurseries that many of
the bars in Anne Arundel County, so nearly exhausted a few years ago,
have been re-stocked with an abundant set of young oysters during the
last two years.

isThe average annual earnings of Connecticut oystermen, as given in
the fifth annual report of the Bureau of Labor Statistics of Connecticut,
is $400.00. Two hundred and fifty dollars is the sum they expect to
make from September 1st to December 1st, and one hundred and fifty
dollars from March 15th to May 1st. During the remainder of the year
they clam, fish and rest.

iAn. oyster dredger is one who operates wide, heavy dredges from a
boat having a tonnage of ten tons or more. He pays a license of $3.00
per ton, for his boat, for the privilege of working on the dredging
grounds located in State waters.

Scrapers operate small dredges from boats having a tonnage of ten
tons or less. Their licenses, of $2.00 per ton, are issued by the counties
in whose waters they work. At present three counties only issue scrape
licenses. See page 61.

52 Report of the Board of Shell Fish Commissioners

ping and operating those of greater tonnage. It follows,
therefore, that the captain of a small vessel can afford to
resort to an oyster ground for a much smaller quantity of
oysters than tb,e captain of a larger vessel.

This would seem to make any standard for dredging or
scraping grounds which is based upon the quantity of oysters
necessary to be caught per day or per season by a boat of one
capacity, in order to make a livelihood for the owner, unfair
for boats of different capacities. Large boats, however, are
equipped with larger dredges- than small boats and are there-
fore able to cover much more ground per day than small boats,
and it was found by computation that the ratio between the
amount of ground covered and the cost of equipping and oper-
ating a boat remains fairly constant for boats of all sizes.

The annual cost of equipping and operating a boat of 1,000
bushels (oysters) capacity was therefore taken as a basis for
determining a standard for dredging and scraping grounds. It
is as follows :

For equipment for dredging $325.00

For labor and subsistence, 4% months at $300.00

per month 1,350.00

For license, 20 tons at $3.00 per ton 60.00

Total.. $1,735.00

For living expenses for Captain and family, 135
days at $0.75 per day $101.25

Minimum livelihood $1,836.25

All oyster grounds, situated within areas designated for
dredging or scraping, in condition at the time surveyed to
yield or to give promise to yield a quantity of oysters which
will sell for the sum of $1,836.25 to boats of 1,000 bushels
capacity during a dredging or scraping season, or a quantity
per day in proportion, are considered by the Commission to be
natural oyster bars.

Report of the Board of Shell Fish Commissioners 53
LENGTH OF SEASON.

TONGING.

Tongmen are licensed to work on the public oyster grounds
for a period of 237 days each year (September 1st to April
25th) ; but, on account of inclement weather, the amount of
time actually spent by tongmen at work is very much less than
this.

Two plans were followed by the Commission to ascertain the
average amount of time annually spent by tongmen on the
oyster grounds, first by consulting with tongmen, second by
examining the records kept by the United States Weather
Bureau of the weather conditions which have prevailed on the
Chesapeake Bay during recent tonging seasons.

Letters were written to five tongmen who, there was reason
to believe, keep a record .of the time spent on the oyster
grounds, requesting them to supply the Commission with
copies of records covering as- many years as possible showing
the number of days spent each season in tonging and the num-
ber of oysters caught.

Replies were received from two of these men stating that
complete records of their work had not been kept. No replies
were received from two others, but from the other, Mr. Herman
A. Woodfield, Shadyside, Md., a most valuable and interesting
record covering five seasons, three of which are complete, was
received. Reduced to a tabular statement, this record is as- fol-
lows. (See page 55.)

At the expense of considerable time and labor, the Director
of the Maryland section of the United States Weather Service,
Mr. C. F. von Hermann, supplied the Commission with records'
collected at Baltimore, Cambridge, Solomons and Annapolis,
showing the weather conditions which have prevailed in the
upper part of the Chesapeake Bay during every day of the
tonging seasons of 1903-1904, 1904-1905 and 1905-1906. From
these records, all Sundays, all days when more than one-fifth
inch of rain fell, all days when the wind blew with a velocity

54 Ifc/Ktrt of ///( Ko<tr<l of Shell Fish Commissioners

equal to or greater than fifteen miles per hour and all days
when the thermometer stood at or below twenty degrees (F.),
were eliminated. The number of days remaining was taken
to represent those when tonging might have been done. The
following is a tabulated statement of the result of the study
of the records furnished by the Weather Bureau. 20

Digest of Weather Bureau records, showing the number of days avail-
able for tonging in Anne Arundel County during three seasons.

Tonging
Season.

Month.

Sundays.

k

Week days when
1-5 inch rain fell.

Week days when
temp, was 20" F.
or below.

Week days when
wind blew 15 mi.
per hour.

^J

p

h

4-3 O

0&

5

1903

September

. . 4

2

4

20

and

October

. . 4

7

7

13

1904

November

. . 5

3

2

9

11

December

4

2

6

10

9

January

. . 5

5

6

e

9

February

4

3

12

6

3

March ,

, . . t

5

1

10

11

Anril .

4

3

6

12

1904 September 4 4 20

and October .... 5 2 7 17

1905 November 4 2 7 17

December 4 4 8 6 9

Jamiary 5 5 8 6 7

February 4 1 11 6 6

March 4 5 2 7 13

April 4 5 6 10

2<>When rain and wind occurred together the day was placed in th
"rain" column only, and when a low temperature occurred with wind
such days were placed in the "temperature" column only; duplication
being thus avoided.

Report of the Board of XhcU Fish Coimnixsioncrx 55

1905 September 4

and October 5 3

1906 November 4 1

December 5 5

January 4 4

February 4 4

March 4 6

April 4 2

Average for three years

10

12

5

11

16
13
12
16
10
8

11
12

98
95

Record of work by a tongman.

Number Number

of days bushels Amount

Season. Month. tonging. caught. received.

1901 September 9 99. 55.85

and October 10 87.5 53.05

1902 November 15 166.5 98.70

December 6 90. 48.20

January 3 38.5 22.45

February 1 10. 6.00

March . 9 80. 42.20

April 12 71.5 42.95

65 643. $369.40

1902 September 21 163. 115.50

and October 24 223.75 152.20

1903 November 19 157.50 121.80

December 9 61. 47.96

.January 5 .... 14.10

February 6 155.21 30.45

March 9 .... 35.50

April 7 .... 31.45

100

760.25

$548.76

1903 and 1904 Record incomplete, account of ill health.

1904 and 1905 Record incomplete.

"Number of bushels caught from January 1st to April 25th, estimated
from price received.

56 Report of the Board of Shell Fish Commissioners

1905 September 21 271.522 21.4022

and October 14 234. 150.00

1906 November 19 238. 94.45

December 10 117. 106.10

January 9 64. 41.50

February 2 21. 15.15

March 12 108. 58.15

April 14 122. 14.10

101 1175.5 $501.30

Average, three seasons 88.6 859.5 $473.13

From the records furnished by the to'ngman it was ascer-
tained that tonging was carried on 65, 100 and 101 days, re-
spectively, during the tonging seasons of 1901-1902, 1902-1903
and 1905-1906.

From the Weather Bureau records it was calculated that
tonging might have been carried on 88^ 99 and 98 days, re-
spectively, during the seasons of 1903-1904, 1904-1905 and 1905-
1906.

The tonging season of 1905-1906 is the only one covered by
both records, and it is worthy of note that the calculated num-
ber of days available for tonging (98) is very close to the
actual number (101) during which a tongman worked. The
very small discrepancy between the two may be accounted for
on the supposition that the tongman may have worked on
some occasions in the rain or wind or he may have counted
parts of days when rain or wind came up after beginning the
work for the day.

Calculated from the tongman's record, the average number
of days during three years when tonging was done, is nearly
89. The average number, as calculated from the Weather
Bureau records, is 95. In establishing a number of days to
represent the tonging season, however, for use in determining
the, status of the oyster grounds surveyed, the Commission
thought best not to take an average of the number of days
when tonging had been or might have been done, but to take a
number near that of the number of days available for tonging
during the best season for which records were in hand. The

szDisagreement in number of bushels caught and price received,
caused by the occasional bedding of oysters.

Report of the Board of Shell Fish Commissioners 57

length of the tonging season adopted is therefore 100 days of
eight hours each. 23

DREDGING AND SCRAPING.

The period when dredgers are licensed to work on the public
oyster grounds designated for dredging is from November 1st
to Karch 15 ( 135 days) . Scrapers have from October 15th to
March 15th (151 days).

While wind, rain and cold do not prevent work with dredges
and scrapes to quite the same extent that they interfere with
tonging, yet it was the opinion of the oystermen consulted that
a dredger or scraper does exceptionally well when he is able
to do work during one-half of the days available for oystering.
The dredging and scraping periods, adopted by the Commission
for use in determining the status of grounds located in areas
designated for dredging and scraping operations, are therefore
58 days and 65 days, respectively, these numbers being one-half
the number of days available each season for dredging and
scraping, Sundays excluded.

23The number of days per season spent by tongmen on the natural
bars in Connecticut, as given in the fifth annual report of the Bureau
of Labor Statistics of Connecticut, is 81, and the average quantity of
oysters taken per day, 8.6 bushels.

58 Report of the Board of Shell Fish Commissioners

AMOUNT OF GROUND COVERED.

BY TONGMEN.

On page 42 the unit of measurement of the work of tongmen
and the method by which the dimensions of the unit are calcu-
lated are explained.

The amount of ground which a tongman of average ability
is able to cover per day, expressed in terms of this unit, might
have been easily reckoned from the observed and recorded work
of the tongmen employed to make the examinations of the oyster
grounds but, to make the estimate more accurate, the Commis-
sion made numerous observations of the work of several tong-
men while engaged in tonging for a livelihood on Three Misters,
Toilet/ f'ohit and tlackett Point bars, counting the number of
grabs each tongman made during ten-minute intervals when
working in various depths of water. The results of these
observations are to be found in the averages given in column
4 in the table printed on page 65. In the column adjoining
the above, the areas are given which, according to these observa-
nt 11 is, tongmen are able to cover during a season of one hundred
working days.

A study of the results of these observations reveals the
striking fact that a tongman can cover sixteen times as much
ground per day or per season when working in water .five feet
deep as he can when working in water twenty-five feet in depth.
Not only does the amount of ground covered at each grab dimin-
ish as the depth of water increases, but the number of grabs it is
possible for a tongman to make in a given time is very much
less in deep water than in shallow.

It is thus seen that the value of an oyster ground to tongmen
depends not only upon how well it is stocked with oysters,
but also upon the depth of water covering the oj'sters. A
ground covered by water five feet in depth, stocked with
twenty-two bushels of oysters per acre, is of as much value to
tongmen as ground covered by water twenty- five feet deep,

Report of the Board of XltdJ Fixh Commissioners 59

stocked with three hundred and twenty-five bushels of oysters
per acre.

Tongmen prefer to work on grounds located in shallow
water, so- long as such grounds yield a livelihood, not only on
account of the greater area it is possible to cover, but also on
account of the greater ease with which he can use short, light
tongs. This, in part, accounts for the observed fact that oyster
grounds located in shallow water are very much more depleted
of oysters than grounds located in deep water, and that nearly
all tonging grounds located in deep water are in excellent con-
dition.

According to the survey made by the Commission, there are
33,676 acres of natural oyster bars in Anne Arundel County
waters, of which 19,398 acres are designated for the use of
tongmen. During the tonging season of 1906 and 1907 licenses
were issued in Anne Arundel County to 847 tongmen. (See
page 61.) To each tongman in the county there is therefore
-9 acres of tonging ground.- 4 According to the computations
made by the Commission, however, a tongman can cover but
about twenty acres per season, even should he work no ground
located in water deeper than five feet. If the ground worked
upon were all situated in water twenty-five feet in depth, he
could cover but little more than one acre. Probably the aver-
age depth of water in which tongmen work during an entire
season is about twelve feet. Under these conditions each tong-
man should be able to cover about eight acres- of ground during
a tonging season of 100 working days, or a little more than
one-third of the ground available to him. It follows from the
above that in Anne Arundel County it is not possible for the
number of tongmen now licensed to cover the natural oyster
grounds designated for tonging oftener than once in about
three or four vears.

2-tIn Somerset County there are 9,346 acres of natural bars for the use
of 513 tongmen, or 18.2 acres per tongman; 12,922 acres for the use
of 428 scrapers, or 30.1 acres per scraper; and 5,458 acres for the use
of dredgers, or about 101 acres per dredger.

60 Report of the Board of Shell Fish Commissioners

BY DREDGERS AND SCRAPERS.

Although the following calculations of the areas covered per
day and per season by dredgers and scrapers are based upon
information which has not been verified by actual measure-
ments from direct observations, they are accepted and have
been used by the Commission because the data from which
they were made were given to the Commission fry men who are
either now dredgers or have been engaged in dredging.

A dredge-boat of a thousand bushels capacity is usually
equipped with a pair of dredges, each of which is not less than
five feet in width. When engaged in dredging the boat each
day sails over a series of courses- aggregating a total length of
at least thirty miles. For one-third of this distance both dredges
are on the bottom. The amount of ground covered by the
dredges per day may therefore be estimated as a strip ten feet
wide and ten miles in length, or twelve acres.

When" sailing to and fro over an oyster bar the strips of
ground covered by a dredge-boat frequently overlap and very
frequently the dredging apparatus becomes fouled and must
be hauled in and freed. If for these laps and fouls one-third of
the calculated area covered be deducted, eight acres of bottom
remain as an average day's work for a dredge-boat of the
above capacity, and this amount was adopted by the Commis-
sion as one of the factors to be used in determining the quan-
tity of oysters which grounds designated for dredging must
yield per square yard and per acre in order to be classed as
natural oyster bars.

By reference to the table printed on page 61, it will be noted
that licenses were issued to 544 dredgers during the dredging
season of 1906 and 1907. The grounds on which these dredgers
obtained their livelihood are located in the waters adjacent
to the ten oyster-producing counties of the State, and there is'
no means by which the number of dredgers which worked on
the dredging grounds in Anne Arundel County can be ascer-
tained. It is assumed, however, that the dredgers were
fairly evenly distributed between the counties and that one-
tenth of the total nuniber of dredgers 54 worked in Anne
Arundel County waters.

Report of the Board of Shell Fish Commissioners 61

The amount of oyster ground in Anne Arundel County desig-
nated for dredging operations is 6,953 acres, 25 or about 128
acres to each of the fifty-four dredgers.

Table Showing all Licenses** issued to Oystermen in Maryland during
the season of 1906 and 1907.

County. Tonging. Scraping. Dredging.

Anne Arundel 847 ... 13

Calvert 733 ... 23

Charles -. 197 ... 1

Dorchester 1,168 401 83

Kent fc 449

Queen Anne 429 ... . .

Somerset 513 428 320

'St. Mary 1,015 ... 50

Talbot -. 632 101 18

Wicomico 576 ... 4

Worcester No licenses required.

Baltimore City ... 32

Total 6,559 930 5442T

According to the estimate made above, a dredger is able to
cover about eight acres per day and, in a dredging season of

25The area given in the report as that designated for dreging pur-
poses in Anne Arundel County, is 14,278 acres, and this is the amount
which has been chartered and buoyed by the Shell Fish Commission.
The actual amount of this ground, however, which is oyster producing
is 6,953 acres. The law (Section 90), requires that all natural bars
shall be bounded by straight lines and, by reference to the table on
page 140, it will be seen the process of thus bounding a natural bar,
results in a considerable gain in acreage. The very great discrepancy,
however, between the actual acreage of the dredging grounds and the
area which has been buoyed, is to be found in the condition of the
"Lumps, East of Craighill Channel." When surveying this dredging
ground, which contained about 8,000 acres, it was found that about
one-twentieth of the bottom only, or 400 acres, is oyster bearing.
"Lumps" of oysters, varying in size from a few square yards to several
acres, are scattered here and there over the entire area, but the barren
bottoms between are not of sufficient size or value to have been excluded
for the purposes of planting.

aeThe number of licenses issued during an oyster season, together
with the minimum quantity of oysters for which oystermen can affo

r.i' Report of the Board of Shell Fish Commissioners

fifty-eight days, he would cover a total of 464 acres, or more
than three times the amount of ground available to each
dredger.

It is a matter of observed fact, as- well as of calculation, that
dredgers practically exhaust the v grounds- available for dredg-
ing by the time the dredging season is one-third over and that
those who continue to dredge longer than this go over ground
already covered, one or more times. This accounts for the fact
that dredging grounds are everywhere more depleted than tong-
ing grounds.

A boat of 200-400 bushels capacity equipped for scraping
usually carries scrapes three feet in width. During a day
when average scraping conditions exist an area is covered
about equal to a strip of bottom five feet wide, and ten miles
long, or six acres. Allowing one-third of this area, as in the
case with dredgers, for laps and fouls, the average amount of
ground covered per day is four acres. During the scraping
season of sixty-five actual working days a scraper would cover
about 260 acres but, as in the case of dredgers, this area is far
in excess of the amount of ground available to each scraper.

to work, forms a better basis for estimating the total yield of oysters
from the natural oyster bars of the State during an oyster season than
is usually used for this purpose.

The following estimate of the total output of oysters from the pub-
lic oyster grounds of Maryland during the season of 1906-1907,
although about twice that hitherto made, is probably still considerably
under the quantity of oysters actually gathered and sold, for, as far as
the actual catch of oystermen has been ascertained, the indications are
that very few oystermen did not catch more than the number of bushels
taken as the average catch.

6,559 tongmen at 450 bushels each 2,951,550 bushels

930 scrapers at 1,500 bushels each 1,395,000

544 dredgers at 3,500 bushels each .1,904,000

Total 6,250,550 bushels.

The output for the season of 1907-1908 promises to be even greater
than that of the season of 1906i-1907.

-"All licenses to dredge for oysters are issued from the Comptroller's
office at Annapolis. They are separated in the table to show the locali-
ties from which the owners of the boats hailed.

Report of the Board of Shell Fish Commissioners 63

PRICE OF OYSTERS.

ANNE ARUNDEL COUNTY.

V

The price paid to oystermen for oysters, being governed by
supply and demand, varies from month to month and from
season to season.

From information gathered from oystermen, the Commission
adopted sixty cents per bushel as a fair average price received
by tongmen in Anne Arundel County during recent years.

SOMERSET COUNTY.

In Somerset County, however, the average price received by
oystermen for oysters is much higher than the above, as the
''barrel" stock from Pocomoke and Tangier sounds often brings
as much as $1.25 per bushel. The price fixed by the Commis-
sion as the basis for determining the number of oysters which
represents the minimum livelihood of oystermen in Somerset
County is $1.00 per bushel.

QUANTITY OF OYSTERS.

TONGING GROUNDS.

With the foregoing data in hand it was decided by the Com-
mission that all grounds located within areas designated for
tonging operations in Anne Arundel County which will yield
402 bushels of oysters to tongmen per seas-on, of 100 days of
eight hours each, or a quantity of oysters proportional to this
per day, are natural oyster bars, and all grounds located in the
tonging districts in Somerset County are natural oyster bars
which will yield 278 bushels of oysters to a tongman per sea-
son, or 2.78 bushels of oysters per day. The minimum quan-
tity of oysters which must be present per square yard and per

64 Report of the Board of Shell Fish Commissioners

acre on tonging grounds in Anne Arundel and Somerset coun-
ties, in order to yield the above amounts to tongmen per day
and per season are shown in columns 5 and 6 of the tables
printed on pages 65 and 66.

DREDGING AND SCRAPING GROUNDS.

Dredgers and scrapers are able to cover so much more
ground than tongmen per season and per day that it is- not
necessary for dredging and scraping grounds to be so well
stocked with oysters as tonging grounds in order to yield a
livelihood to oystermen. A dredger with a boat of 1,000 bushels
capacity by covering eight acres per day would cover 464 acres
by the end of a season of fifty-eight working days. Each
dredger, however, has but 128 acres (in Anne Arundel County)
on which to make a livelihood and if, after working from six-
teen to twenty days-, he continues to dredge, he either covers
ground already covered by himself or by other dredgers.
Dredging grounds must be sufficiently well shocked therefore
that 128 acres will yield, or giye promise to yield in the near
future, a quantity of oysters to a dredger, operating a boat of
1,000 bushels capacity, which can be sold for the minimum live-
lihood for such a dredger.

The minimum quantity of oysters on dredging and scraping
grounds per square yard and per acre which, according to the
information collected by the Commission, will supply a liveli-
hood to dredgers and scrapers is shown in the table which
follows. According to this standard, the dredging and scrap-
ing grounds surveyed and examined by the Commission have
been gauged.

Report of the Board of Shell Fish Commissioners 65

Tattle Used in Interpreting the Results of the Examinations and De-
termining the Status of the Oyster Grounds Surveyed in
Anne Arundel County.

Tonging Grounds.
It-Foot Shafts 30-Inch Heads.

o

0> cj

k, o H

cj O

+J <4-i -->
CS >- -g

O

rt

* 'S

W

20

O

o ^ o>

verage
rea per
eason per
ongman.

Minimum Number Oysters
Constituting a Natural Bar.

^coeq

coH

<1 =

w **.S

^*5coH

Oysters

Bushels

Feet.

Inches.

Sq.Yds.

^ S

Acres.

per Sq. Yd.

per Acre.

5

32.00

.74

2.7

19.81

1.58

23.3

6

26.50

.61

2.7

16.48

1.89

28.0

7

22.00

.51

2.6

13.15

2.38

35.1

8

18.50

.42

2.6

10.82

2.88

42.6

9

16.00

.37

2.6

9.54

3.27 -

48.4

10

14.00

.32

2.6

8.25

3.80

56.0

11

12.50

.29

2.6

7.47

4.20

61.8

20-Foot Shafts 2Q-Inch Heads.

12

16.25

.32

2.4

7.61

4.08

60.0

13

14.25

.28

2.2

6.10

5.13

7S.7

14

12.50

.25

2.2

5.44

5.74

84.9

15

11.00

.22

2.0

4.S6

7.19

105.9

16

10.00

.20

1.8

3.57

8.77

129.4

17

9.25

.18

1.8

3.21

9.76

143,9

28-Foot Shafts 2Q-Inch Heads.

18

13.50

.27

1.4

3.74

8.38

123.5

19

12.25

.24

1.4

3.33

9.32

138.7

20

11.00

.22

1.4

3.05

10.51

151.4

21

9.75

.19

1.4

2.63

11.90

175.6

22

8.50

.17

1.0

1.68

18.65

275.0

23

7.50

.15

1.0

1.48

21.18

312.0

24

6.75

.13

1.0

1.28

24.49

360.9

25

6.00

.12

1.0

1.19

26.34

388.2

1 III

Dredging Ground.

For all d(

;pths

1.60

O9 O
t>.J

66 Report of the Board of Shell Fish Commissioners

Table Used in Interpreting the Result of Examinations and in Deter-
mining the Status of the Oyster Ground* Surveyed in Somerset County.

Tonging Grounds.
14-Foot Shafts 30-7nc7i Heads.

[

Water
Surface to
Bottom.

o

cS ,3

o> -g
ODE"

"M".

0,0

QJ Jfe

n |, a
w g d

Minimum Number Oysters
Constituting a Natural Bar.

Ovsters
pcr'Sq. Yd.

Bushels
per Acre.

Feet.

Inches.

Sq. Yds.

Acres.

5

32.00

.74

19.81

.95

14.0

6

26.50

.61

16.48

1.13

16.8

7

22.00

.51-

13.15

1.42

21.1

8

18.50

.42

10.82

1.73

25.6

9

16.00

.37

9.54

1.96

29.1

10

14.00

.32

8.25

2.27

33.6

11

12.50

.29

7.47

2.52

37.1

Shafts 26-Inch Heads.

11

20.00

.40

9.52

1.97

29.2

12

18.25

.36

8.56

2.20

32.4

13

16.75

.33

7.20

2.61

38.6

14

15.25

.30

6.54

2.75

42.5

15

14.00

.28 ,

5.55

3.38

50.0

16

12.75

.25

4.46

4.21

62.3

17

11.50

.23

4.10

4.60

67.8

18

10.50

.21

3.33

5.64

83.4

19 9.50

'I

.19

3.01

6.27

92.3

25-.Foo Shafts 2S-Inch Heads.

19

10.40

.22

3.05

6.19

1
91.1

20

9.70

.20

2.90

6.49

95.8

21

9.00

.19

2.63

7.17

105.7

22

1 8.30

.18 | 1.78

10.58

1 156.0

1

1

|

Dredging and Scraping Grounds.

For all

depths.. ..1 .97

1 14.3

Report of the Board of Shell Fish Commissioners 07

County.

Minimum
Livelihood for
1,000 Ton Boat.

Ground Available
for Each Dredger.

Minimum Number
Oysters to
Constitute Natural
Oyster har.

Sq. Yd.

Acre.

AnneArundel
Somerset ....

3,066 Bu. Oysters.

1,836 "

128 A.
128 "

1 6 Oyst.
.97 "

23.9 Bu
14.3 "

THE DEFINITION IN USE.

In the foregoing pages the factors adopted by the Commis-
sion for use in applying the Goldsborough Definition of a
natural oyster bar to the grounds surveyed are enumerated and
the methods are given by which each factor has been deter-
mined. Practical illustrations, taken from the 'Office Record
of Examinations, are given below, showing the method of ap-
plying the definition. The first example is one of an oyster
ground which does not come up to the required standard; the
second is an example of a ground sufficiently well stocked with
undersized oysters to justify placing it on the charts as a
natural oyster bar, although marketable oysters were scarce
at the time it was surveved.

68 Report of the Board of Shell Fish Commissioners

EXAMPLES.

"JOYCE." 8 ACRES.

,

o

"WHITE HALL CREEK." 46 ACRES.

a,

Q

Estimated Quan-
tity Oysters
Per Acre.
Bushels.

1

1

c

00

06

OCDiCO-^OOOOCO
rH CO rH

1

TH

co

rH

CM iC CO "HH

XjijaBno uinraiuipi

g

c^o^ot^eo^

coiccoco^oooo^^ 5

.loqran^j ranuiiUTj\f

t^ rH t^ co rH eo eo ic t-

O5lCO50Ot>-O5O5rHOO

d

00 g
PH

Counts.

C 1C

eo i- CM t^-o

OrHCOOCMOCMOO

I 1
rH

CD

O

OS CM CO
C-1 CD 1C ^ OO

00
rH

rH

h

-So: .

c -=

3 _ ^3
30*6

"o

EH

Counts.

OOOCMOOOO5rHO
rH rH

)

"3 -

o

ra*-

CM

SPA 'bs

1

CStrHIMI^-^COCO "-C

eocococo-^eocooco

CM

W^JW

i iCMrHi iCMt-irHCMrH

' 8 PA 'bg

SSS^S^ct^S

W'/^a

t^eo ^00^0.0,^=0

1C

rH

*0 S .

2 S

e c '^2

CD"

p

Average,

oo"

o

w'Jwwww
of 6 odd

Q

eo eo <M c< o o

CM CM T< CM O

i 1 1C

oo

i-H
i^

co CNJ CD t~- eo o

i-c rH CO r-l CN CO

i I

CO

rH *< rH CO rH O

1C CO C <M id CM

eo T< eo -W co -^

eo CM eo oo eo oo

IN CO CM CM IN CM

1 '

<N

CM 00 TJ< i-( 1C *

t^

o

rH O CN -H rH 1C

(M

iC
CO O5 CO Ir^JC

t>.

eo O CM iC co r^

rH <O

CO

i i

(M t^ ^ CM ^-1 -*i

r-i <N rH 0^ 1C

<M
(M

O CO <-H <M O 1C

co eo co co t-

CM CD

CO

ON
t^

i I

t^iO t^ OJ t^

-i oo o o eo o

I 1 I 1 I 1 t 1 I 1

eo TO ' co i^- *

CM <N <N M (M <M

i i t^ i 1 C-1 <-< <M

1C eO C <*' 1C rt<

t^ os t^ co t^ QO

t>.
t>.

CD

p

bC

03 .
E

1 ( "

<M"

1 -"

!>
<

Report of the Board of Shell Fish Commissioners 69

SURVEY OF CRABBING GROUNDS.

In accordance with Section 96 of the Haman Oyster Culture
Law the areas beneath the tide waters of Somerset County 28
where grass grows and it is profitable to scrape for soft shell or
shedder crabs, have been designated on charts with the natural
oyster bars and have been excluded from leasing for the pur-
poses of oyster culture.

The approximate location and extent of crabbing grounds
were pointed out by the local assistant to the hydrographic
engineer, he being as familiar with the crabbing grounds as
with the oyster-producing bottoms.

The verification by the hydrographic engineer of the location
of these grounds and the determination of their limits was ren-
dered easy in Somerset County by the fact that the period
during which scraping for crabs was being carried on was the
same (May 1 to October 1) as that covered by survey opera-
tions. No better evidence could be desired of the existence of a
crabbing ground than the presence upon it of boats scraping for
crabs and, by locating such boats at various places on each
ground by sets of sextant angles and plotting the positions of
the same on the charts, the extent of each ground was ascer-
tained. To ascertain the exact limits of each ground lines were
run in a launch or pulling boat over the edges of the ground
and the point on each line Where grassy and naked bottoms
meet was located with sextant angles and plotted on charts.

The six-foot curve (mean low water) was found to mark
approximately not only the outer limit for the growth of grass,
but the inner limit for the growth of oysters and in many
cases crabbing grounds were found to begin where oyster
grounds ended : for example in Big Annemessex and Manokin
Rivers and on the west side of Tangier Sound above Kedge
Straits. In such cases the ins and outs of the lines marking

28it not being lawful to scrape for crabs in the waters of and adjacent
to Anne Arundel County, the areas where grass grows in said County
were not surveyed or charted.

70 Report of the Board of Shell Fish Commissioners

i

the junction between grassy bottoms and oyster bottoms were
not followed in establishing the boundaries of the crabbing
grounds and oyster bars, but straight lines marking a mean
between them were fixed as the boundaries.

The total area covered by crabbing grounds in Somerset
County is about 28,498 acres. The location and extent of these
grounds in the various sections of the county are given in the
general description of the results of the survey beginning on
page 145 and will be shown on the charts soon to be published
by the U. S. Coast and Geodetic Survey.

Report of the Board of Shell Fish Commissioners 71

LOTHOLDERS PRIOR TO THE PASSAGE OF THE
HAMAN OYSTER CULTURE BILL.

Prior to the passage of the Hainan Oyster Culture Bill, a
number of oyster lots were located and appropriated by citizens
of the State of Maryland, under what was commonly known as
"The Five Acre Law," which in substance, required that such
location and appropriation should be "described by stakes and
bushes and that the name of the owner be placed on a board
fastened to a pole or stake on or within the appropriated oyster
land, or by the proper and visible metes and bounds, which
description should be reduced to writing under the oath of some
competent surveyor and recorded at the expense of the party
locating or appropriating the same, in the Office of the Clerk of
the Circuit Court for the county wherein such land may be
located." ( Section 46 of Article 72 of the Code of Public Gen-
eral Laws of Maryland.)

The Section of the Code above mentioned further provided
that "No natural bar or bed of oysters should be so located or
appropriated and that twelve months' peaceable possession of all
locations of oyster grounds under the laws of this State shall
constitute a good and sufficient title thereto." It also reserved
to the riparian owners a priority of right to locate and appro-
priate in the waters adjoining the lands of such riparian
owners, and required a notice of thirty days, in writing, to
such riparian owner, from any other person desiring to locate
or appropriate. While in some of the tidewater counties local
statutes to some extent modified the general law of location
and appropriation of oyster lots, as above outlined, it will be
seen from an examination of this local legislation that the
fundamental safeguards with reference to the number of acres
that might be appropriated by any one lotholder; notice to
riparian owners; the appropriation of natural oyster bed or
bars, and the recorded description of the lot so appropriated,
were practically maintained throughout the State at the time
of the passage of the Haman Oyster Culture Bill.

72 Report of the Board of Shell Fish Commissioners

It was doubtless in view of this previous legislation that Sec-
tion 108 of the Haman Oyster Culture Act was adopted, and in
carrying out the provisions of said Section the Commission has
been confronted with some difficulty.

Section 108 of the Haman Oyster Culture Act reserved to all
persons, who prior to the passage of said Act had "lawfully
appropriated or taken up any land in this State, for the purpose
of planting, bedding, or cultivating oysters thereon," the prior
right to become the lessee of said land, under the provisions of
the Oyster Culture Law of 1906 ; provided, however, that written
notice of the intention of such person to become such lessee be
given to the Board of Shell Fish Commissioners within six
months from the passage of said Act; and provided, further,
that upon failure of any former lotholder to give such notice
within the time prescribed, the holding of any such person
becomes void.

It was apparent at the outset to the Commission that a de-
tailed investigation as to the lawful possession of each lot-
holder under former law was impracticable, and it wa's the
sense of the Commission that Section 108 did not contemplate
a specific investigation of the legality of the possession of each
lotholder under former law.

In many cases it would have been found impossible to verify
the compliance required of one class of these lotholders to give
the thirty-day notice to the then riparian owner, and the work
of determining these riparian owners would have also been
tedious, difficult and expensive. The law authorizing the ap-
propriation of oyster lots raised the presumption of a good and
sufficient title thereto, in reference to the question of a natural
bar or bed, upon twelve months' peaceable possession by the
holder, and in consequence of this provision the Commission
decided to accept the application of the former lotholder, upon
the faith of the statements required by the form of application,
under oath of the applicant, which it adopted, and which is
published herewith, as follows:

Report of the Board of Shell Fish Commissioners 73

FORM A.

APPLICATION FOB A LEASE

TO THE BOARD OF SHELL FISH COMMISSIONERS OF MARYLAND.

ANNAPOLIS, MARYLAND.

The application of ,

a resident of , in the State of Maryland,

respectfully shows:

1st. That on the day of , in

the year , he lawfully appropriated and

took up acres of land in the waters of the

State of Maryland.

2nd. That he desires to retain said land for the purpose of planting,
bedding or cultivating oysters thereon, under the provisions of Section
108, of Chapter 711, of the Acts of the General Assembly of Maryland of
1906.

The undersigned, therefore, requests hereby that said Board lease

.> in the name and on the behalf of the

State of Maryland, the aforesaid acres

of ground located under the waters of the said State of Maryland, which
said ground is particularly described in the Certificate of Survey thereof,

duly recorded among the Land Records of County,

in said State, the same, or a certified copy thereof, is filed with this
application.

Dated at , Maryland, this

day of , in the year one thousand nine hundred

and. .

Applicant.

\
74 Report of the Board of Shell Fish Commissioners

Finding it apparent that many lotholders under the former
law were not cognizant of the provisions of Section 108, the
Commission procured a list of the names and postoffice ad-
dresses of these lotholders from the Clerk of the Circuit Court
of the several tidewater counties, and caused to be mailed to
each of the addresses given, a circular letter upon which was
reproduced Section 108 of the Haman Oyster Culture Bill, and
in which special attention of the lotholder was called to the for-
feiture clause of the Section.

Similar notices were also published in two papers, represent-
ing opposite political parties, in each of the tidewater counties
of Maryland, and mailed to the postmasters throughout the
tidewater section of the State, with the request that they be
conspicuously posted.

The result attained by this method of notifying each lot-
holder under former law, needless to say, is disappointing
to the friends of oyster culture, as from a total of 4,009 former
lotholders to whom notice was mailed, as above stated, but 849
filed application for the retention of their respective lots within
the period required by law, and of the total number so applying,
but 311 have so far executed a lease to the State for the lot
applied for.

This result, however, is to some extent explained by the fact
that many former lotholders, knowing their right to lease ten
acres or one hundred acres (dependent upon "the location of the
land they desired to lease), and being fully cognizant of the
provisions of the law reserving to them priorities as riparian
owners, deemed it expedient to defer the official notification to
the Board, as contemplated by law, until after the waters of
their respective counties shall have been surveyed and opened
up for leasing purposes. In any event, the Board of Shell Fish
Commissioners has exhausted every means of bringing notice
to former lotholders of the rights especially reserved to them,
and while strictly interpretating the law as to the express
requirement of written notice, within six months from the pas-
sage of the Act, it has been the policy of the Board to deal
liberally with this class of lessees, and hence it has permitted
all who did not formally notify the Board upon the prescribed

Report of the Board of Shell Fish Commissioners 75

form of application adopted by it, to amend an original notice
after the period of six months from the date of the passage of
the Haman Oyster Culture Act had elapsed, provided, of course,
informal written notice was filed with the Board within the
time prescribed.

Checking the Survey of Lots Held Prior to the Passage of the
Haman Oyster Culture Law.

Owing to the inaccuracy of descriptions used in surveys made
under the former law, as well as the fact that, in most cases,
starting points used in these descriptions were found impos-
sible to establish, the Commission has deemed it expedient to
readjust the surveys of all former lotholders, so as to accu-
rately locate them upon the leasing charts of the Commission,
in accordance with latitude and longitude, and with reference
to fixed triangulation stations and boundaries used as a basis
of survey work ; to the end that the descriptions and boundaries
of this class of lotholders may be homogeneous with the Sur-
vey of the Natural Oyster Bars, as well also in harmony with
the descriptions and boundaries which have, or may hereafter
be used, or established, in reference to lotholders under the
Haman 'Oyster Culture Law.

This work has been in charge of one of the assistant engineers
of the Commission, in connection with the survey of oyster lots
applied for in Anne Arundel County under the Haman Oyster
Culture Law.

In Somerset and Wicomico counties, upon the beginning of
the hydrographic work, special notice was sent to all lotholders
under former law whose application for the retention of their
lots were then on file in the office of the Commission, to supply
missing stakes at the unmarked corners of their lots ; and upon
temporary leasing charts, made from smooth projections, the
corners of these lotholders were plotted during the progress
of the survey. The work of readjusting the surveys of these
lots has been done in an accurate and painstaking manner, and
while it has entailed much additional labor and sometimes
incurred delay in the progress of the survey of natural oyster

76 ( Report of the Board of Shell Fish Commissioners

bars, it is proper to state that in the absence of a verification
of the surveys of oyster lots held prior to the passage of the
Haman Oyster Culture Law, and the location thereof upon the
regular leasing charts of the Commission in a manner and by a
description similar to that which will be used in locating the
lots of New Lotholders under the Haman Oyster Culture Law,
many controversies growing out of the use of inaccurate and
ambiguous descriptions of old oyster lots will now be averted.

While the descriptions in the leases to former lotholders are
identical with those given in the original certificates of survey
filed in the office of the Commission, an adjustment and re-
survey book has been procured by the Commission, and therein
will be recorded, for the settlement of future controversies, if
any, arising out of the boundaries of lotholders under former
law, the descriptions of these lots readjusted, as above indi-
cated.

The number of oyster lots taken up prior to the passage of
the Oyster Culture Act of 1906 applied for under the new law
resurveyed and checked to October 1, 1907, are as follows :*

Anne Arundel County

Applied for and resurveyed under old law 16

Applied for under new law. 17

Surveyed under new law 12

Somerset County

Applied for and resurveyed under old law 280

Wicomico County

Applied for and resurveyed under old lawt 33

*See pages 97 and 102.

tThelots in the remaining waters of Wicomico County will be resur-
veyed during the period occupied by the survey of the oyster grounds
of the county.

Report of the Board of Shell Fish Commissioners 11

APPLICANTS FOR OYSTER LOTS.

Alphabetical List, by Counties, of Applicants for the Retention of
Oyster Lots, Held Under Former Law, as Required by Section 108, of
Chapter 711, of the Acts of 1906, Giving Postoffice Address, Location
of Lot and Number of Acres Applied For.

ANNE ARUNDEL COUNTY.

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Bast, William F Shady Side West River 2.

Collins, S. A Annapolis Harness Creek 3.25

Corner, Theodore S.Annapolis Carr's Creek 5.

Dawson, J. W Mayo Rhode River 4.75

Davis, George A Annapolis South River 2.5

Duvall, Chas. Milton.Annapolis Harness Creek 4.75

DuBois, C. H Annapolis Severn River 5.

Gross, John T Annapolis Back Creek 3.375

Hutchings, Jas. B. . .Annapolis Severn River 5.

Hartge, Edmund L. .Shady Side West River 3.

Keidel, Henry Severn Terrace Severn River 5.

Keidel, Adeiia L Severn Terrace Severn River 3.

Kelley, L. P Annapolis Spa Creek 1.25

Larson, Charles Shady Side West River. . -. 3.25

Lerch, F. L Baltimore West River 6.75

Murray, James H Cumberstone West River 5.

Murray, Mary H Cumberstone West River 5.

Martin, Charles E. ..Annapolis Fishing Creek 5.

Martin, C. W Annapolis Spa Creek 4.875

Martin, John W Annapolis Fishing Creek 5.

Nowell, G. "W Annapolis West River 2.5

Sanders, William H.Annapolis Severn River 5.

Sheckell, John R. . . .Annapolis .-. . .Harness Creek 5.

Worthington, J. M.. Annapolis Clements Creek 5.

Wilde, William Shady Side West River 1.

Wilde, Ferdinand ... Shady Side.' West River 1.

Wells, John B Annapolis Spa Creek 3.25

Watts, Louis D Washington, D. C. . .Fishing Creek 5.

Wagner, Eliza M Annapolis Chesapeake Bay 8.44

CALVERT COUNTY.

No. of

Name of Applicant. Postoffice Address. Location of Lot. Acres.

Anderson, Charles.. .Solomon's Patuxent River 5.

Allen, Thomas Frazier Patuxent River 1.4

78 Report of the Board of Shell Fish 'Commissioners

No. of
Name of Applicant. Postofflce Address. Location of Lot. Acres.

Abell, Combs Solomon's Patuxent River 33

Bowen, Isaac P Wallville Patuxent River 5.

Bowen, Helen V. M.. Wallville Patuxent River 5.

Breeden, Laura V.. Prince Frederick St. Leonard's Creek. ... 3.5

Breeden, George L.. . Seller's Patuxent River 5.

Breeden, John E Seller's Patuxent River 4.

Breeden, Jake E Seller's St. Leonard's Creek 3.

Barrett, Christian . . . Frazier Patuxent River 5.

Breeden, John W. . . Seller's St. Leonard's Creek 5.

Breeden, William E. 'Seller's Patuxent River 5.

Breeden, Barbara E. Seller's Patuxent River 5.

Brome, N. W. . . Wallville Patuxent River 5.

Brome, M. R Wallville Patuxent River 5.

Bowen, Wise Solomon's Mill Creek 3.7

Bowen, Sarah E Solomon's Patuxent River 5.

Bowen, Wise Solomon's Mill Creek 1.25

Blackburn, Wm. C.. .Wallville Patuxfcnt River 5.

Barrett, Daniel Seller's Patuxent River 5.

Cooper, Frank Solomon's Patuxent River 5.

Cole, John Solomon's Patuxent River 1.5

Dodson, W. J., Jr . . . Solomon's ' Patuxent River 1.9

Dodson, W. J., Sr. ..Solomon's Patuxent River 1.6

Davis, M. M Solomon's Patuxent River 5.

Dixon, Walter C . . . . Solomon's Patuxent River 6

Dixon, Webster. .. .Solomon's Patuxent River 5

Evans, T. P Solomon's Patuxent River 3.73 ,

Files, George E Solomon's Mill Creek 1.25

Gourley, Thos. B Baltimore Patuxent River 3.75

Gantt, Wm. Warren . Frazier St. Leonard's Creek 1.25

Glover, J. W Solomon's Patuxent River 2.85

Glover, R. M Solomon's Patuxent River 3.2

Gantt, John B Lusby Patuxent River 2.

George, J. F Solomon's Patuxent River 4.5

George, Mary J Solomon's Patuxent River 2.5

Hance, Young D.... Prince Frederick Patuxent River 5.

Hill, Isaac Solomon's Patuxent River 63

Johnson, Wesley Solomon's Patuxent River 5.

Joy, John B Solomon's Patuxent River 2.66

Joy, Walter Solomon's Patuxent River 67

Joy, Luther F Solomon's St. John's Creek 5.

Jones, Edward H. . .Solomon's Patuxent River 3.19

Jones, John M . Solomon's Patuxent River 1.31

Joy, Edward Solomon's Patuxent River 8

Johnson, Isaac Solomon's Patuxent River 1.6

Joy, Z. W Olivet Spring Cove 3.13

Report of the Board of Shell Fish Commissioners 79

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Kershaw, George Baltimore Patuxent River 4.33

Ketcham, Asa C Solomon's Patuxent River 5.

Ketcham, M. A Solomon's Patuxent River 5.

Kopp. John C Solomon's Mill Creek 5.

Lusby, George B Solomon's Patuxent River 1.13

Lore, Joseph C Solomon's Patuxent River 2.5

Lusby, Charles Solomon's Patuxent River 6

Lusby, John E Solomon's Patuxent River 1.13

Millard, George Solomon's Patuxent River 5.

Moore, Thomas Solomon's Patuxent River 4.96

Moore, Thomas W. . Solomon's Patuxent River 4.96

Mister, John K Solomon's Patuxent River 1.88

Marburger, G E Solomon's Patuxent River 2,25

Northam, Wm. E. . .Solomon's Patuxent River 5.

Oberry, John H Solomon's Patuxent River 2.

Overton, S. P Solomon's Patuxent River 5.

Overton, Chas. S Solomon's Patuxent River 5.

Overton, Wm. E Solomon's Patuxent River 5.

Overton, Daisy M Solomon's Patuxent River la. 29 p.

Parran, M. D Prince Frederick Patuxent River 5.

Parran, Benjamin. . .Prince Frederick Patuxent River 5.

Parran, Archibald. . .Prince Frederick. . . .Patuxent River. ...'.... 5.

Parran, John Prince Frederick Patuxent River 5.

Parran, N. D. S Prince Frederick. . . .Patuxent River 5.

Railey, John Solomon's Patuxent River 2.46

Sullivan, P. J Solomon's Patuxent River 3.25

Seipp, Wm. A Solomon's Patuxent River 4.75

Sellers, James G. . . .Seller's St. Leonard's Creek 5.

Sellers, Catherine T . Seller's Patuxent River 5.

Sellers, John E Prince Frederick (Not given) 2.25

Tongue, Gideon G . . Solomon's Patuxent River 5.

True, Thomas H Solomon's Patuxent River 5.

Turner, George D. . .Prince Frederick. Patuxent River 5.

Thomas, William. . .Solomon's Mill Creek 1.22

Tongue, Frances H . . Solomon's Patuxent River 1.75

True, John Solomon's Patuxent River 5.

Tongue, T. O Solomon's Patuxent River 5.

Tucker, Lemuel J . . . Solomon's Back Creek 2.25

Tucker, James F . . . . Solomon's Patuxent River 2.38

Thomas, Sewell Solomon's St. John's Creek 3.9

Tongue, Frank Solomon's Patuxent River 3.

Woodburn, Benj. M. Solomon's Pfetuxent River 5.

Webster, John F Solomon's Back Creek 4.5

Webster, Sara E Solomon's Patuxent River 5.

Weems, Clarence Solomon's Patuxent River 4.75

80 Report of the Board of Shell Fish Commissioners

CHARLES COUNTY.

No. of
Name of Applicant. Postoffice Address. Location of Lot. ' Acres.

Alvey, W. H Hughesville Swanson's Creek 5.

Bowling, Fred. T. . . . Hughesville Patuxent River 5.

Barbour, Philip J. . .Rock Point Wicomico River 5.

Barber, Jas. A Rock Point Wicomico River 5.

Barbour, Mary Rock Point Wicomico River 5.

Bowling, Henry R. . Bryantown Patuxent River 5.

Collison, George .... Rock Point Wicomico River 3.

Hayden, Wm. H Cooksey Wicomico River 5.

Henderson, Alethea. Benedict Patuxent River 5.

Higdon, Francis W. Issue Wicomico River 2.5

Higdon, Jas. B Issue Wicomico River 2.5

Hayden, Henry A. . .Tompkinsville Wicomico River 5.

Jackson, Walter L. .Tompkinsville Wicomico River 5.

Jackson, John C Tompkinsville Wicomico River 5.

Lawrence, Geo. F...Aquasco, P. G. Co. . Swanson's Creek 5.

Lawrence, M. S La Plata Swanson's Creek 5.

Lancaster, S. S Rock Point Wicomico River 5.

Maddox, Verlinda G. Wayside Wicomico River 5.

Maddox, Rebecca D. Wayside Wicomico River 5.

Maddox, Francis J. .Wayside Wicomico River 5.

Mandanyohl, N. H. .Tompkinsville Wicomico River 5.

Norris, Jas. N Rock Point Wicomico River 3.65

Thomas, Jas. E Benedict Patuxent River 5.

DORCHESTER COUNTY.

No. of

Name of Applicant. Postoffice Address. Location of Lot. Acres.

Ashton, Edward Hoopersville Honga River 5.

Ashton, Lawrence L. Hoopersville Honga River 5.

Andrews, W. Guy. . .Lakeville Fishing Bay 5.

Adams, Jas. G Hoopersville Honga River 5.

Brannock, Edgar. . .Cambridge Little Choptank River.. 4.05

Bennett, Wm."C Cambridge (Not given) 5.

Barton, J. Fred Cambridge Hambrook's Bay 5.

Brannock, Annie L. .Cambridge Little Choptank River.. 2.15

Bosley, J. Hooper. . .Cambridge Slaughter Creek 5.

Bonds, Maria L Cambridge Great Choptank River .. 1.33

Booze, Robt. G Hoopersville Honga River 5.

Bradshaw, Jos. W. . .Golden Hill Honga River 5.

Bloodworth, R. E. . .Cambridge Lecompts Bay 5.

Creighton, Thos. H. .Fishing Creek Tar Bay 5.

Creighton, Edith O. .Fishing Creek Tar Bay 5.

Conway, Harvey H. .Cambridge Great Choptank River. . 3.65

Creighton, Sam'l M. .Fishing Creek Tar Bay 5.

Report of the Board of Shell Fish Commissioners 81

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Clayton, John M Hoopersville Honga River 5.

Crocheron, Traf ena S.Cambridge Fishing Bay 5.

Collier, Erne M (Not given) Sandy Island Cove 5.

Dashiells, Nora Cambridge Honga River 5.

Dashiells, W. J ..Taylor's Island St. John's Creek 5.

Dashiells, Edwin Cambridge Hambrook's Bay 5.

Ewell, Wm. T Elliott Fishing Bay 5.

Elliott, Vernum F. . .Elliott Fishing Bay 5.

Ewell, Solomon J. . .Elliott Fishing Bay 2.5

Evans, John . W Elliott Fishing Bay 5.

Evans, L. Raymond . Elliott Fishing Bay 5.

Elliott, Edwin J Elliott Fishing Bay. 5.

Elliott, Jesse E Elliott Fishing Bay 2.

Elliott, Samuel J . . . Elliott Fishing Bay 5.

Elliott, William E. . . (Not given) Nanticoke River 5.

Foxwell, Wm. M (Not given) Fishing Bay 5.

Gray, Alecke Elliott Fishing Bay 5.

Gray, James W Elliott Fishing Bay 5.

Gray, Bessie Elliott Fishing Bay 3.75

Gray, Martha. . . ; . . .Elliott Fishing Bay 5.

Gray, Abihu Elliott Fishing Bay 5.

Gray, John W Elliott Fishing Bay 5.

Gray, Cornelius Elliott Fishing Bay 5.

Gray, Garry H Elliott Fishing Bay 5.

Gillis, L. B (Not given) Nanticoke River 5.

Gillis, Alison A (Not given) Nanticoke River 5.

Gillis, Laura A. ..>... (Not given) Nanticoke River 5.

Gray, Clara E Elliott Fishing Bay 5.

Hooper, Wm. E Cambridge Hambrook's Bay 5.

Hooper, Adelbert Hoopersville Honga River 5.

Hurley, Celia Vienna Nanticoke River 5.

Ijlurley, Levin Vienna Nanticoke River 5.

Hurley, Elijah Vienna Nanticoke River 5.

Hurley, Sallie Vienna Nanticoke River 5.

Henry, Robert G Cambridge Hambrook's Bay 5.

Harrington, Benj. -E . Taylor's Island Slaughter Creek 5.

Hurley, William E. .Elliott Fishing Bay 5.

Henry, Charles S. . .Cambridge Hambrook's Bay 5.

Hay ward, Eliza E . . . Cambridge Cambridge Creek 9

Horseman, Rebec. J.Elliott Fishing Bay 5.

Horseman, Loney Elliott Fishing Bay 5.

Horseman, Chas. W.Elliott Fishing Bay 5.

Harrington, John L. Annapolis Tobacco Stick Bay 5.

Harrington, L. M. . .Annapolis Tobacco Stick Bay 5.

Harrington, R. P. . .Annapolis Tobacco Stick Bay a.

82 Report of the Board of Shell Fish Commissioners

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Harper, Thos. A Crapo Narrows Cove 1.

Jackson, Thos. J Cambridge Fishing Bay 5.

Johnson, Jas. C Cambridge Hambrook's Bay 5.

Jones, James W Elliott Fishing Creek 5.

Jones, William C Bishop's Head Goose Creek 5.

Jones, - Sallie ......... Hoopersville Honga River 5.

Jones, Harvey Wingate Ford Creek 5.

Keene, Guy Madison Tobacco Stick Bay 2.75

Kinnamon, C. Wil'd. Elliott Fishing Bay. 5.

Kinnamon, Wilton T . Toddville Fishing Bay 5.

Kenly, Mary A (Not given) Sandy Island Cove 5.

Lewis, Thomas Hoopersville Honga River 5.

Langrell, Louisa D. .Elliott * Fishing Bay 5.

Moore, Wm. W Elliott Fishing Bay 5.

Moore, Herman W. .Elliott .Fishing Bay 5.

Mace, John Cambridge Hambrook's Bay 5.

Medford, William H.Cambridge Hambrook's Bay 5.

Moore, Delma Elliott Fishing Bay 2.5

Muse, William S Cambridge Hambrook's Bay 5.

Moore, Alberry H. . .Elliott Fishing Bay 5.

Moore, Alonza M Elliott Fishing Bay 5.

Moore, Pheby Elliott Fishing Bay 1.88

Murrell, Geo. W Hoopersville Honga River 5.

Murrell, Susie R Hoopersville Honga River 5.

Moore, Mary J Elliott Fishing Bay 2.25

Mitchell, Robert H . . Cambridge Lecompts Creek 5.

McCready, Sarah J. .Elliott Fishing Bay 5.

McGlaughlin, Jno. H.Fishing Creek Honga River 5.

McGlaughlin, Nannie.Fishing Creek Tar Bay .'. 5.

McGlaughlin, S. A. . Fishing Creek Honga River 5.

Noble, Duncan L. . . .Taylor's Island Slaughter Ci^eek 5.

Noble, Virginia C. . .Taylor's Island Slaughter Creek 5.

Noble, Levi D. T Taylor's Island Slaughter Creek 5.

Pain, William Cambridge Pope's Creek 5.

Phillips, Luther Cambridge Honga River 5.

Phillips, A. Nora. . . .Fishing Creek Honga River 5.

Phillips, Samuel T . . Crapo Honga River 5.

Phillips, Albanus Cambridge Hambrook's Bay 5.

Phillips, J. W Toddville^ Fishing Bay 5.

Phillips, Levi D Cambridge Honga River 5.

Phillips, Samuel. . . .,Fishing Creek Tar Bay 3.

Phillips, Florence . . . Cambridge Honga River 5.

Phillips, Rufus Crapo Honga River 5.

Phillips, Charles W. Crapo Honga River 5.

Parks, Sarah J Hoopersville Honga River 5.

Report of the Board of Shell Fish Commissioners 83

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Phillips, J. Riley. ..Fishing Creek Tar Bay 2.5

Robinson, John H. .Taylor's Island Harper's Cove 5.

Robinson, S Toddville Fishing Bay 5.

Rippon, Thomas L . . Hoopersville Honga River 5.

Robinson, Wm. G. . .Toddville Fishing Bay 5.

Robinson, B. A Toddville Fishing Bay 5.

Ruark, Henry W Hoopersville ... Honga River 5.

Robinson, Callena. . .Toddville .Fishing Bay

Steele, Guy Cambridge Hambrook's Bay 5.

Seward, Alex., Jr... James Hudson Creek.. 5.

Seward, T. J. of A. .Cambridge Brook Creek 5.

Slacum, Chas. E Taylor's Island Slaughter Creek 5.

Shenton, Mollie T. .Taylor's Island Slaughter Creek 5.

Shenton, John R. . . .Taylor's Island Slaughter Creek 5.

Simmons, Rufus Hoopersville Tar Bay 5.

Simmons, Avalon. . .Hoopersville Tar Bay 5.

Simmons, Samuel M.Hoopersville Honga River 5.

Simmons, Maggie L. Hoopersville Honga River 5.

Simmons, Dorinda . . Hoopersville ....... Tar Bay 5.

Spicer, Jas. K ...... Taylor's Island Oyster Creek 5.

Seward, Mrs. Ella H.Cambridge Brooke's Creek 5.

Seward, Charles W. .Cambridge Brooke's Creek 5.

Shepherd, James S . . Cambridge Hambrook's Bay 5.

Shenton, Raymond . . Golden Hill Honga River 5.

Spicer, Lingan T . . . Golden Hill Honga River 5.

Travers, Thomas H. Fishing Creek Honga River 5.

Turner, Oscar P. .. .Cambridge Castle Haven Harbor.. 5.

Turner, Llewella E. . Cambridge Great Choptank River. . 5.

Tyler, J. Foble Hoopersville Honga River 5.

Tyler, Samuel M Hoopersville Honga River 5.

Travers, Mahala E . . Crapo .. Honga River 5.

Travers, Matthew T. Crapo Joe's Cove 5.

Travers, Benj. F. . . .Fishing Creek Tar Bay 5.

Travers, William R. Hoopeusville Honga River 5.

Travers, Andrew E. . Hoopersville Bentley's Cove 5.

Travers, Henry R. . Hoopersville Tar Bay 5.

Travers, Jane Hoopersville Honga River , 5.

Travers, Nora Hoopersville Bentley's Cove 5.

Travers, Levin F. . . Hoopersville Honga River 5.

Tyler, Kate Hoopersville Honga River 5.

Tyler, Stella Hoopersville Honga River 5.

Tyler, W. B Hoopersville Flag Cove 5.

Tyler, Minnie G Hoopersville Honga River 5.

Tyler, H. Hanson . . . Fishing Creek Honga River 5.

Travers, Benj. H . . . Fishing Creek Tar Bay 5.

84 Report of the Board of Shell Fish Commissioners

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Tull, J. F Cambridge Madison Creek 5.

Travers, John E. . . . (Not given) Nanticoke River 5.

Vickers, Thomas H.. Taylor's Island Parson's Creek 5.

Wilson, Thomas S.. Cambridge Hambrook's Bay 5.

White, Clementine. . . Hoopersville Honga River 5.

Wroten, Levin A. . . Cambridge Honga River 5.

Wroten, Oliver P... Golden Hill Honga River 5.

Wallace, Charles W. Fishing Creek .Honga River 5.

Wingate, C. C Bishop's Head Honga River 5.

SOMERSET COUNTY.

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Ashmead, Noah F. . .Crisfleld Annemessex River 5.

Adams, Wm. J Crisfield Little Annemessex Riv. 5.

Adams, J. Fred 1314 N. Charles St.,

Baltimore Marumsco Creek 5.

Bedsworth, S. J Champ Manokin River 5.

Bedsworth, Sallie H. Champ Manokin River 5.

Bedsworth, Henry A.Champ Manokin River 5.

Beauchamp, Jennie. .Upper Fairmount. . .Manokin River 5.

Beauchamp, Vaughn. Upper Fairmount. . .Manokin River 5.

Bradshaw, Wm. J. . .Crisfield Somer's Cove* 5.

Bowden, Edw. A. S. .Crisfield Little Annemessex Riv. 5.

Blades, T. C Crisfield Little Annemessex Riv. 5.

Beauchamp, Wm. T. Inverness Manokin River 5.

Beauchamp, Arintha.Crisfield Little Annemessex Riv. 5.

Bradshaw, Jacob T.. Crisfield Little Annemessex Riv. 5.

Bennett, S. J Inverness Manokin River 5.

Bennett, Geo. W. . . .Inverness Manokin River 5.

Bennett, W. F Inverness Manokin River 5.

Bennett, Garnett Inverness Manokin River 5.

Bennett, Ida Inverness Manokin River 5.

Bennett, Chas Inverness Manokin River 5.

Bennett, Fred'k L . . . Inverness Manokin River 5.

Bassford, Geo. W... Upper Fairmount. . .Manokin River 5.

Byrd, Wm. E Crisfield .~ Little Annemessex Riv. 5.

Byrd, Elizabeth E.. Crisfield Little Annemessex Riv. 5.

Byrd, Ruby E ..Crisfield Little Annemessex Riv. 5.

Burbage, Carrie R. . Crisfield Little Annemessex Riv. 5. ,

Burbage, Dan'l A. . .Crisfield Little Annemessex Riv. 5.

Bozman, Thos. J. . . .Wenona Manokin River 5.

Bozman, Hargus S . . Oriole Monie Bay 5.

Bozman, Addeline.. .Oriole Monie Bay 5.

Bozman, Robert Oriole Monie Bay 5.

Report of the Board of Shell Fish Commissioners 85

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Baker, Louise T. . . .2008 Park Av., Balto.Manokin River 5.

Bennett, E. S Inverness Manokin River 5.

Cox, Elijah Landonville Manokin River 5.

Cox, Geo. A Fairmount Broad Creek 5.

Cox, Effie K Upper Fairmount. . .Manokin River 5.

Cullen, James H. . . .Crisfleld .* Pocomoke Sound 5.

Cullen, Arintha J. . .Crisfield Pocomoke Sound 5.

Cullen, Manie A .... Crisfield Pocomoke Sound 5.

Coulbourn, Jennie E.Newark, N. J. Little Annemessex Riv. 5.

Cochrane, Arthur B. Crisfield Little Annemessex Riv. 5.

Coulbourn, Wm. H. .Crisfield .Little Annemessex Riv. 5.

Crockett, Ananias R. Crisfield Little Annemessex Riv. 5.

Carson, Elsie Crisfield Little Annemessex Riv. 5.

Crockett, Alb'ngo R. . Crisfield Little Annemessex Riv. 5.

Coulbourn, Isaac H. Crisfield Little Annemessex Riv. 5.

Crockett, Sallie Crisfield Little Annemessex Riv. 5.

Crockett, Lillian J. .Crisfield Little Annemessex Riv. 5.

Coulbourn, B. C Crisfield Little Annemessex Riv. 5.

Crockett, Marian Crisfield .' Little Annemessex Riv. 5. '

Crockett, Carroll. . . .Crisfield Little Annemessex Riv. 5.

Cullen, Fred'k Crisfield Little Annemessex Riv. 5.

Cullen, Delia Crisfield Little Annemessex Riv. 5.

Crockett, Alma Crisfield Little Annemessex Riv. 5.

Clayton, Mary A. . . .Marion Station Pocomoke Sound 5.

Conner, Ralph A. .. .Tulls Corner Pocomoke Sound 5.

Clayton, Sarah A... Marion Station Pocomoke Sound 5.

Conner, Eliza J Tulls Corner Pocomoke Sound 5.

Conner, Nathan S.. Tulls Corner Pocomoke Sound 5.

Conner, N. G Tulls Corner Pocomoke Sound 5.^

Coulbourn, Jas. E. . .Crisfield Little Annemessex Riv. 5.

Coulbourn, Lottie. . .Marion Station Little Annemessex Riv. 5.

Coulbourn, W. C.... Marion Station Little Annemessex Riv. 5.

Coulbourn, John W.Marion Station Little Annemessex Riv. 5.

Coulbourn, Annie M.Marion Station. . , . .Little Annemessex Riv. 5.

Chelton Mary E . . . . Crisfield Pocomoke Sound 5.

Cox, Lambert W.... Upper Fairmount. . .Big Annemessex Riv... 5.

Croswell, Julia A.. Crisfield Pocomoke Sound 5.

Cochrane, Amy Crisfield Little Annemessex Riv. 5.

Coulbourn, Lena V. Crisfield Pocomoke Sound 5.

Chelton, W. S Landonsville Manokin River 5.

Coulbourn, Julia .... Crisfield Pocomoke Sound 5.

Cox, Belle B..-. Upper Fairmount. .. Big Annemessex Riv... 5.

Chaffey, Mary J . . . . Marion Station Pocomoke Sound 5.

Cox, Lloyd W Marion Station Pocomoke Sound 5.

Chaffey, Jno. G Crisfield Pocomoke Sound 5.

86 Report of the Board of Shell Fish Commissioners

No of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Cox, Rena B Crisfield Pocomoke Sound 5.

Cox, Algie B Marumsco Pocomoke Sound 5.

Cullen, Wm. E Crisfield Apes Hole Creek 5.

Cox, Wm. H. Marumsco Pocomoke Sound 5.

Cullen, Mary E Marumsco Pocomoke Sound 5.

Coulbourn, Mary E. Crisfield .'.Little Annemessex Riv. 5.

Cox, Elijah Fairmount Manokin River 5.

Cox, Henrietta M . . Marumsco Pocomoke Sound 5.

Cox, John H Marumsco Pocomoke Sound 5.

Cox, W. B Nanticoke Ellis Bay 5.

Cox, Maggie Nanticoke Ellis Bay 5.

Chelton, William . . . Crisfield Pocomoke Sound 5.

Dougherty, Elij. T. . Crisfield Pocomoke Sound 5.

Dayton, Millard L.. Mount Vernon Monie Bay 5.

Dayton, Cora Mount Vernon Monie Bay 5.

Dougherty, Wm. E . Crisfield Pocomoke Sound 5.

Dougherty, G. Larry Crisfield Pocomoke Sound 5.

Dougherty, Grace . . .Crisfield Pocomoke Sound 5.

Dryden, Stallen Crisfield Pocomoke Sound 5.

Dorman, Geo. E Crisfield Pocomoke Sound 5.

Dorman, Addie F. . .Crisfield ..Pocomoke Sound 5.

Evans, Wallace C. . .Crisfield Little Annemessex Riv. 5.

Elmore, Carrie B. . .Crisfield Little Annemessex Riv. 5.

Elmore, Thos. S Crisfield Little Annemessex Riv. 5.

Evans, Maggie S Crisfield Little Annemessex Riv. 5.

Elmore, Fred'k P. . .Crisfield Little Annemessex Riv. 5.

Evans, Wm. W Crisfield Little Annemessex Riv. 5.

Elmore, Fred'k G. . .Crisfield Little Annemessex Riv. 5.

Fisher, Wm Mount Vernon Monie Bay 5.

Ford, Herschel Upper Fairmount . . . Manokin River 5.

Ford, Wm. R Upper Fairmount. . . Manokin River 5.

Gillis, Joshua Upper Fairmount . . . Manokin River 5.

Gillis, Sarah A Upper Fairmount. . .Manokin River 5.

Green, J. H Marion Station East Creek 5.

Gibson, Benj. F. .. .Crisfield r. Little Annemessex Riv. J>.

Gorey, Jas. M Marumsco Pocomoke Sound 5.

Gibson, Wm. E Crisfield Little Annemessex Riv. 5.

Gibson, Mary A Crisfield Little Annemessex Riv. 5.

Gibson, Oliver P. . . .Crisfield Little Annemessex Riv. 5.

Gibson, Eva A Crisfield Little Annemessex Riv. 5.

Gibson, Walter L. . .Crisfield Little Annemessex Riv. 5.

Gunby, Jesse A Marion Station Pocomoke Sound 5.

Gunby, Emma F Marion Station Pocomoke Sound 5.

Gunby, Hall Marion Station Pocomoke Sound 5.

Horsey, John D Crisfield Marumsco Creek 5.

Report of the Board of Shell Fish Commissioners 87
>

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Horsey, Geo. W. . . .Crisfield Marumsco Creek 5.

Hopkins, Jas. F Mount Vernon Monie Bay 5.

Hall, Martha E Upper Fairmount. . . Back Creek 5.

Holland, James Crisfield Little Annemessex Riv. 5.

Holland, Mary E... Crisfield Little Annemessex Riv. 5.

Hall, Alonzo C Marion Station Annemessex River 5.

Holland, Elijah P. . .Landonville' Annemessex River 5.

Hall, W. C Crisfield Annemessex River 5.

Holland, Annie P. . .Landonville Annemessex River 5.

Hall, J. Henry Marion Station Annemessex River 5.

Hall, Ethel L Marion Station Annemessex River 5.

Henderson, Wm. H . Champ Manokin River 5.

Honore, John E Champ Manokin River 5.

Henderson, Mary E. Princess Anne Manokin River 5.

Howard, Francis. . . . Hopewell Pocomoke Sound 5.

Johnson, John S Crisfield Pocomoke Sound 5.

Jones, Robert H Upper Fairmount. . .Manokin River 5.

Jones, Lizzie L Baltimore, Md Back Creek 5.

Kane, Edward Fairmount Manokin River 5.

Layfield, Gertie Landonville Manokin River 5.

Lawson, Jno. H Crisfield Pocomoke Sound 3.

LaVallette, Amy Crisfield Little Annemessex Riv. 5.

Lawson, Lester Crisfield Apes Hole Creek 5.

Lockerman, F. S. . .Landonville Big Annemessex River. 5.

Lockerman, Sallie W.Landonville Big Annemessex River. 5.

Lawson, Elijah S . . . Crisfield Pocomoke Sound 5.

Loreman, Edna Crisfield Little Annemessex Riv. 5.

Loreman; Harold. . .Crisfield Little Annemessex Riv. 5.

Loreman, James F. .Crisfield Little Annemessex Riv. 5.

Loreman, J. F., Mrs. Crisfield Little Annemessex Riv. 5.

Long, Aurelius A. . . Marumsco Ellis Bay 5.

Long, Susan O Crisfield Little Annemessex Riv. 5.

Long, Geo. W Crisfield Little Annemessex Riv. 5.

Long, Frank P Crisfield Little Annemessex Riv. 5.

Long, Marianna C.. Crisfield Little Annemessex Riv. 5.

Long, Warren B Crisfield Little Annemessex Riv. 5.

Long, Bessie M Crisfield Little Annemessex Riv. 5.

Long, Clarence T. . .Crisfield Little Annemessex Riv. 5.

Lowe, B. W Crisfield Little Annemessex Riv. 5.

Landon, Virginia. . .Landonville Back Creek 5.

Landon, Wm. R Landonville Manokin River 5.

Layfield, Geo. W Landonville Manokin River 5.

Layfield, Mary P Landonville Manokin River 5.

Lawson, Amelia. . . . Crisfield Little Annemessex Riv. 5.

Lawson, P. H Crisfield Little Annemessex Riv. 5.

88 Report of the Board of Shell Fish Commissioners

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Lawson, W. P .Crisfield Little Annemessex Riv. 5.

Lockerman, C. A. . . .Crisfleld Little Annemessex Riv. 5.

Lockerman, Martha J.Crisfield Little Annemessex Riv. 5.

Lawson, James W. .Crisfield Apes Hole Creek 5.

Lawson, Frank P. . . Crisfield Apes Hole Creek 5.

Landon, Walter G. . Balto. City Manokin River ">.

Matthews, Chas. L. .Crisfield > . .Little Annemessex Riv .

Miles, Edwin E Marion Little Annemessex Riv. 5.

Miles, Win. S Marion Little Annemessex Riv. 5.

Miles, Corinne E Marion Little Annemessex Riv. 5.

McGrath, John H . . . Crisfield Pocomoke Sound 5.

McGrath, Levin S . . . Crisfield Pocomoke Sound 5.

Muir, Mary E Crisfield Little Annemessex Riv . 5.

Mills, Charles O Crisfield Little Annemessex Riv. 5.

Morris, Frank H Marion Pocomoke Sound 5.

Morris, Geo. W Marion Pocomoke Sound 5.

Murrell, Alonza L..Tulls Corner ..'Pocomoke Sound 5.

Miles, S. F Marion Annemessex River 5.

Mister, Lawson Shelltown Pocomoke Sound 5.

'Miles, Luther G Marion (Not given) 5.

Mahoney, Jas. H . . . . Hopewell Pocomoke Sound 5.

Mahoney, Sallie M. Hopewell Pocomoke Sound 5.

Muir, Wm. L Oriole St. Peter's Creek 5.

Maddox, Fred S . . . . Marumsco Pocomoke Sound 5.

McDaniel, Mathias J.Oriole . .' Manokin River 5.

Nelson E. W Oriole '. Pocomoke Sound 5.

Nelson, Harry T . . . . Oriole Pocomoke Sound 5.

Peyton, Wm. J Oriole Little Annemessex Riv. 5.

Peyton, Margt. E. . . Oriole Little Annemessex Riv. 5.

Peyton, Orrie F Lawsonia Apes Hole Creek 5.

Peyton, Eva B Lawsonia Apes Hole Creek 5.

Purnell, Isaac J Crisfield . . .' Apes Hole Creek 5.

Pruitt, John E Crisfield Little Annemessex Riv. 5.

Quinn, Katie E Crisfield Little Annemessex Riv. 5.

Quinn, Egbert L Crisfield Little Annemessex Riv. 5.

Quinn, Larie C-. .... Crisfield Little Annemessex Riv. 5.

Quinn, Clara H Crisfield Little Annemessex Riv. 5.

Richardson, Wm. S.Marion Station Pocomoke Sound 5.

Richardson, Ruth. . Marion Station Pocomoke Sound 5.

Richardson, Ella H.Marion Station Pocomoke Sound.. 5.

Richardson, Neuman Marion Station Pocomoke Sound. 5.

Richardson, Eva L.. Mar ion Station Pocomoke Sound 5.

Richardson, H. E... Marion Station Pocomoke Sound 5.

Riggin, Laura V Crisfield Little Annemessex Riv. 5.

Riggin, Geo. C Crisfield Little Annemessex Riv. 5.

Report of the Board of Shell Fish Commissioners 89

No. of

Name of Applicant. Postoffice Address. Location of Lot. Acres.

Robertson, S. H. Jr..Westover Little Annemessex Riv. 5.

Riggin, Charles E.. .Crisfield Big Annemessex Riv. . . 5.

Revell, Robt. F Inverness Manokin River 5.

Revell, Sam'l S . . . . Inverness Manokin River 5.

Riggin, Horace Grisfield Little Annemessex Riv. 4.8

Riggin, Elisha T Crisfield Little Annemessex Riv. 4.2

Riggin, Annie E Crisfield Little Annemessex Riv. 5.

Riggin, John H Crisfield Jenkins Creek 5.

Sterling, Hiram L. .Crisfield Little Annemessex Riv. 5.

Sterling, Archie Crisfield Seine Creek 5.

Sterling, Edward . . . Crisfield Seine Creek 5.

Sterling, Daisy Crisfield Soino Creek 5.

Sterling,' Mary C. . .Crisfield Seine Creek 5.

Sterling, Alex. T. . . Crisfield Pocomoke Sound 5.

Sterling, Martin L..Balto. City, Md Little Annemessex Riv. 5.

Sterling, Edw. T Crisfield Apes Hole Creek 5.

. Sterling, Jerome. . . .Crisfield Apes Hole Creek 5.

Sterling, Agnes L. . .Crisfield , Little Annemessex Riv. 5.

Stevens, Isaac Crisfield Little Annemessex Riv. 5.

Sterling, W. F. . . . . .Crisfield Little Annemessex Riv. 5.

Sterling, Wm. C Crisfield Apes Hole Creek 5.

Scott, Vida Mount Vernon Monie Bay 5.

Scott, Lucy V. . /. . .Mount Vernon Monie Bay 5.

Sterling, J. T Crisfield Pocomoke Sound 5.

Sterling, Roy Crisfield Pocomoke Sound 5.

Sterling, Mary F... Crisfield Pocomoke Sound 5.

Sterling, Lenore Crisfield Pocomoke Sound 5.

Sterling, Lillie Crisfield Pocomoke Sound 5.

Sterling, Ida Crisfield Pocomoke Sound 5.

Sterling, Arthur .... Crisfield Pocomoke Sound 5.

Somers, Henry Inverness Manokin River 5.

Sterling, Edward . . . .Crisfield Pocomoke Sound 5.

Sterling, Adelia .... Crisfield , Pocomoke Sound 5.

Sterling, IJrsula Crisfield Pocomoke Sound 5.

Sterling, Wm. T Crisfield Pocomoke Sound 5.

Sterling, Annie R.. Crisfield Pocomoke Sound 5.

Sterling, Olive Crisfield Pocomoke Sound 5.

Sterling, Robt. G . . . Crisfield Pocomoke Sound 5.

Sterling, C. C Crisfield Pocomoke Sound 5.

Somers, Wm. J Champ Manokin River 5.

Somers, G. A Champ M-iiiokin River 5.

Somers, E. W Champ Manckin River 5.

Somers, C. N Champ Manok'ii River 5.

Sterling, Cornelius. Crisfield Little Annemessex Riv. 5.

Sterling, John Crisfield Little Annemessex Riv. 5.

90 Report of the Board of Shell Fish Commissioners

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Simpkins, E. R Dames Quarter Monie Bay 5.

Seltzer, Edw. L . . . . Shelltown Pocomoke Sound 5.

Stevens, Francis J. .Philadelphia, Pa Jones Creek 5.

Simpkins, Jhas. M. Dames Quarter Monie Bay 5.

Smith, J. W Oriole Manokin River 5.

Smith, Loretta Oriole Manokin River 5.

Shockley, Lester. . . .Oriole Manokin River 5.

Tawes, Hattie E. . . .Crisfield Little Annemessex Riv. 5.

Tawes, John W. . . .Crisfield Little Annemessex Riv. 5.

Tyler, Emma J Tulls Corner Pocomoke Sound 5.

Tull, Ira R , . .Crisfield Little Annemessex Riv. 5.

Tawes, Almira B... Crisfield Jenkins Creek 5.

Tawes, Hance E Crisfield Jenkins Creek 5.

Tawes, Geo. W Crisfield Jenlans Creek 5.

Tawes, Lillie M Crisfield Jenkins Creek 5.

Tull, E. W Marion Station Annemessex River. , 5.

Tull, Carrie E Marion Station Annemessex River 5.

Tyler, Geo Crisfield Little Annemessex Riv. '5.

Tull, W. L Crisfield ' Little Annemessex Riv. 5.

Tull, Robt. J Crisfield Pocomoke Sound 5.

Tawes, Grace Crisfield Apes Hole Creek 5.

Tull, S. A Crisfield Pocomoke Sound 5.

Tawes, Addie B Crisfield Pocomoke Sound 5.

Tull, A. E Crisfield Pocomoke Sound 5.

Tawes, Isaac H Crisfield Pocomoke Sound 5.

Tyler, Grace Crisfield Little Annemessex Riv. 5.

Tyler, John L Crisfield Little Annemessex Riv. 5.

Wise, Jacob. Crisfield Comer's Creek 5.

Waters, Stephen G.. Upper Fairmount. ..Manokin River 5.

Woodland, Lydia. . . Crisfield Little Annemessex Riv. 5.

Wharton, Sallie J. . .Crisfield Little Annemessex Riv. 5.

Ward, Alethea A. . . .Marion Station Pocomoke Sound 5.

Ward, Geo. F Marion Station Pocomoke Sound 5.

Wallace, Geo Champ Manokin River 5.

Williams, Benj. F. . .Tulls Corner Pocomoke Sound 5.

Whittington, SallieA.Maxion Station Pocomoke Sound 5.

Whittington, Aus... Marion Station Pocomoke Sound 5.

Whittington, S. F.. Marion Station Pocomoke Sound 5.

Waters, Edw. J (Not given) Manokin River 5.

Whittington, A. A.. Marion Station Gunby Creek 5.

Whittington, Carrie A.. Marion Station .. Pocomoke Sound 5.

White, H. W Dames Quarter Dames Quarter Creek.. 5.

Whittington, MaJryvMarion Station Annemessex River... t .. 5.

Wilson, David J. . . .Emmorton, Har. Co. Laws Thoroughfare 5.

Report of the Board of Shell Fish Commissioners 91

QUEEN ANNE'S COUNTY.

No. of

Name of Applicant. Postoffice Address. Location of Lot. Acres.

Bryan, Jonathan A. Ford's Store ...Eastern Bay 5.

Coulter, Thos. W...Kent Island Crab Alley Creek 2.25

Earle, Wm. B Centreville Corsica Neck 5.

' Golt, Elmer .Kent Island Crab Alley Creek 2.88

Greaves, C. A Stevensville Shipping Creek 4.75

Hopkins, Chas. W. .Centreville Cox's Creek 5.

Hopkins, W. H. H. . (Not given) Cox's Creek 5.

Hoxter, M. E. Mrs. . Stevensville Shipping Creek 5.

Jones, Benj. F Kent Island Crab Alley Creek 2.5

Johnson, Wm. E. . .Kent Island Crab Alley Creek 5.

Lowery, A. C Kent Island Crab Alley Creek 5.

Marvel, Jas. W Stevensville Shipping Creek 2.75

Palmer, W. L Chester Crab Alley Creek 5.

Tull, Geo. T Kent Island. ... Crab Alley Creek 4.

Tull, Thos. H Kent Island Crab Alley Creek. 3.

KENT COUNTY.

No. of

Name of Applicant. Postoffice Address. ' Location of Lot. Acres.

Brown, S. R. Miss. .Baltimore, Md Warren Cove 4.9

Emory, R. S Chestertown Chester River 3.

Hinson, R. D Chestertown Hale Creek 5.

Stevens, R. N Baltimore, Md Hunting Field Creek. . . 5.

ST, MARY'S COUNTY.

No. ot
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Abell, Geo. F Leonardtown Town Creek 5.

Abell, Geo. C Leonardtown Patuxen.t River 3.

Adams, Benj. F Leonardtown Britton's Bay 3.2

Bailey, Mat. R River Springs St. Catherine's Bay.... 5.

Briscoe, Wm. W Valley Lee St. Mary's River 4.07

Bailey, Jas. F River Springs St. Margaret's Bay 5.5

Brown, Jas. E. .,.. .Leonardtown Patuxent River..'. 1.6

Brown, Edward V. . Drayden St. George's River 1.

Burch, Jno. C Leonardtown Britton's Bay 5.

Broome, J. Thomas.. St. Mary's City St. Mary's River 3.5

Burch, Ernest D. . . .Milestown Canoe Creek 1.

Brill, Mrs. M. M. E.. Park Hall St. Mary's River 4.6

Burch, Mary Q Oakley Canoe Creek 1.

Burch, Ann R Oakley Canoe Creek -. 1.

Buhrman, Henry J. .Porto Bello St. Mary's River 3.

Burch, Jas. H Oakley Canoe Creek 3.75

Bailey, James T Leonardtown St. Catherine's Bay 3.

92 Report of the Board of Shell Fish Commissioners

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Bullock, Jas. H Leonardtown Britton's Bay 1.5

Chesser, Tyler D. . . . Drayden St. George's River 4.

Chesser, W. W Drayden St. George's River 1.

Cox, Joseph Valley Lee St. Mary's River 2.

Clarke, R. K. & Son. Hollywood Clarke's Creek 10.

Cheseldine, A. F.... River Springs St. Catherine's Bay 5.

Goad, J. Edwin Drayden St. Mary's River 5.

Duke, John F Leonardtown Britton's Bay 4.4

Davis, Louis C Leonardtown Patuxent River 2.5

Dunbar, Fred. W Ridge Smith's Creek 3.75

Dunbar, Wm. M Ridge Smith's Creek 3.25

Dent, J. Marshall . . . Oakley Canoe Creek 1.

Dean, John C Leonardtown ... Patuxent River 3.5

Edwards, Geo. D Drayden St. Mary's River 2.

Ewell, Harrison Leonardtown Britton's Bay. 5.

Farr, Joseph J Chaptico Wicomico River 7.\

Fen wick, Theodore. . St. Inigoes St. Mary's River 3.8

Forestell, J. T Wynne Smith's Creek 5.

Fenwick, John H. . . St. Mary's City (Not given) 5.

Green well, C. B Leonardtown Britton's Bay 3.

Gibson, Joseph E . . . Abell Canoe Creek 3.25

Green well, J. Philip. Leonardtown St. Clements Bay 10.

Hyatt, Alpheus Porto Bello St. Mary's River 5.

Hebb, John S. 2301 Boston St.,

Baltimore, Md Carthagena Creek 4.

Johnson, L. B Morganza Britton's Bay 5.

Joy, H. H Leonardtown Patuxent River 1.

Knott, Wm. H Rock Hall St. Mary's River 1.8

Kennedy, Alex St. Mary's City. . .1 . St. Mary's River 5.

Lee, Jas. Fenner California Patuxent River 5.

Morris, Lydia A St. Inigoes Smith's Creek 5.

Mattingly, Jas. M. . .Leonardtown Britton's Bay 5.

Milburn, N. P Leonardtown St. Mary's River 4.74

Marmaduke, Alex. .. Drayden St. George's River 1.

McCoy, Wm. R Baltimore, Md St. Mary's River 5.

Norris, J. Jetson Leonardtown Patuxent River 4.

Norris, J. Walter Leonardtown Patuxent River 4.

Owens, Francis J. . .Leonardtown 3rd Election District... 1.

Ripple, E. N Leonardtown Patuxent River 5.

Russell, J. Solomon. . Leonardtown Wicomico River 4.5

Sheehan, John F Drayden St. Mary's River 2.

Shorter, Chas. E Drayden St. Mary's River 2.3

Shorter, Wm. C Drayden St. Mary's River 1.1

Smith, Capt. J. W. .Leonardtown Cuckholds Creek 1.1

Smith, Jas. F Porto Bello St. Mary's River 2.2

Report of the Board of Shell Fish Commissioners 93

No. of
of Applicant. Postoffice Address.' Location of Lot. Acres.

Smith, H. J Leonardtown Patuxent River 4.5

Swann, J. Thos Piney Point St. George's River 1.

Shade, Wm. H Park Hall St. George's River 4.1

Shade, Edwin Park Hall St. George's River 4.1

Taylor, Jesse Valley Lee St. Mary's River 7

Turner, John H., Jr . Compton Britton's Bay 3.

Williar, Harry D Baltimore, Md St. Mary's River 5.

Wise, Jackson Leonardtown Britton's Bay 1.9

Wise, Samuel O . . . . Leonardtown Britton's Bay 5.

Williams, Lawrence . Wynne Potomac River 4.3

Woods, Chas. D Wynne .Smith Creek 2.

Yates, Colton Leonardtown Britton's Bay 1.

TALBOT COUNTY.

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Anderson, C. H Easton Goldsborough Creek.. . . 5.

Bringman, Herman.. Oxford Goldsborough Creek.... 5.

Burrows, Mary E . . . Royal OaTc Oak Creek 1.

Bratt, Samuel W Easton Tread Avon River 3.6

Baynard, G. Oscar. . .St. Michaels .Miles River 5.

Bielefeldt, Wm. J. . .St. Michaels Miles River 5.

Biedelfeldt, Bertha.. St. Michaels ...Miles River 5.

Cockey, John Claiborne Tilghman's Creek 5.

Collison, J. A Easton Irish Creek 4.

Collins, Mrs. S. W . . . Oxford Goldsborough Creek 4.8

Collins, H. E Oxford Goldsborough Creek... 4.

Callahan, Geo. E Easton Leeds Creek. 1.

Clough, Robt. H Royal Oak Tread Avon River 5".

Cross, A. E Baltimore, Md Harris Creek 1.1

Dawson, L. G Oxford Town Creek 5.

Dorrance, Nellie. . . . Washington, D. C. . .Miles River 4.3

Dorrance, J. M Washington, D. C. . . Miles River 5.

Dorrance, A. K Washington, D. C. . . Miles River 5.

Dean, Melvin Oxford Tread Avon River 5.

Earle, Oscar T St. Michaels Hunting Creek 5.

Easter, Mrs. M. W. . .Royal Oak Plaindealing Creek.. ... 2.2

Frampton, C. L Royal Oak Fox Hole Creek 5.

Fairbank, Chas. E. .Easton Tread Avon River. ... . . 5.

Griffith, Mrs. Chas. F.Tunis Mills Leeds Creek 1.

Goldsborough, I. B. .New York City Goldsborough's Creek. . 5.

Goldsborough, M. T., Jr. .Easton Goldsborough's Creek. . 5.

Goldsborough, M. T., Sr. .Easton Goldsborough's Creek.. . 5.

Glasscock, A. B St. Michaels Goldsborough's Creek.. 5.

Glasscock, A. L St. Michaels Goldsborough's Creek. . 5.

94 Report of the Board of Shell Fish Commissioners

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acred.

Gibson, M. K Easton Broad Creek 3.

Holden, E. T Easton Goldsborough's Creek . . 5.

Harrison, J. B Tilghman Poplar Island Harbor.. 5.

Harrison, Mrs. J. B..Tilghman Poplar Island Harbor.. 5.

Hall, A. R. D. Mrs. . .Easton Miles River 5.

Harrison, A. J Tilghman Poplar Island Narrows. 4.8

Haddaway, A Claiborne Tilghman's Island 5.

Harrison, J. W Easton Choptank River. / 5.

Howeth, Charlotte.. .Tilghman Poplar Island Narrows. 5.

Howeth, Chas. J Tilghman Poplar Island Narrows. 5.

Harrison, C. H. H. . .Valliant Poplar Island Narrows. 5.

Henderson, C. E., Jr. Easton Miles River 3.3

Henderson, I. M Easton .. Miles River 3.3

Henderson, C. E., Sr.Easton Miles River 3.6

Hall, Wm. P Easton Miles River 5.

Jump, Jno. B Easton Bay Hundred District. . 5.

Leonard, D. B Royal Oak Fox Hole Creek . . . . 5.

Longfield, L F Oxford Lewis' Cove 5.

Matthews, A. H Oxford Oxford Neck '. . 5.

Moore, Jos. of G Easton Plaindealing Creek 1.2

Moore, Wm. G Easton ; . . Plaindealing Creek 1.2

Mister, A. T Tilghman Dunn's Cove 5.

Mann, Harry E Baltimore, Md Bay Hundred District". . 4.

Martin, Francis Easton Double Mills 2.75

McConnell, S. D Ejtston Miles River 5.

McConnell, Annie B . Easton Miles River 5.

Pastorfleld, Wm. F. . Royal Oak Fox Hole Creek 5.

Parsons, Edw. F Easton Goldsborough Creek 2.4

Price, Paul St. Michaels Broad Creek 1.7

Pepper, P Bellevue Tar Creek 1.1

Plummer, Matth. T . Oxford Island Creek 2.25

Rice, Margaret L. . .Baltimore, Md. . Tread Avon River 5.

Rivers, Janet B Baltimore, Md Harris Creek 5.

Rivers, Arthur D. . .Baltimore, Md Harris Creek 5.

Rollins, Thornton. . . Baltimore, Md Plaindealing Creek 10.

Rivers, L. Lucas Baltimore, Md Harris Creek 5.

Sinclair, Elmer N. . .Tjlghman's Island. . Harris River 4.2

Stevenson, Henry W.Oxford . . . '. Island Creek 2.8

Seth, Mary W Easton Tilghman's Creek 5.

Seymour, S. O St. Michaels Broad Creek 3.13

Smith, Wm. I Easton Town Creek 5.

Valliant, Rev. J. F. .Valliant Cobbler's Neck 5.

Valliant, L. N Valliant Cobbler's Neck 5.

Valliant, M. J Valliant Cobbler's Neck 5.

Valliant, B. E Bellevue Tread Avon River 2.7

Report of the Board of Shell Fish Commissioners 95

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Valliant, Hugh B. . . Valliant Eastern Bay 5.

Valliant, Annetta. . .Bellevue Tread Avon River 5.

Valliant, Jeremiah . . Oxford Town Creek 3.18

West, Mary L Easton Goldsborough Creek ... 5.

Wingard, Geo. M. ...Oxford Goldsborough Creek... 4.35

Wingard, Mary H. ..Oxford Goldsborough Creek 4.55

Wingard, Sallie Oxford Island Creek Cove 3.5

Wilson, A. J Easton Bay Hunter District. . . 5.

Warfleld, Frank ; . . . . Tampa, Fla Fox Hole Creek 5.

W1COMICO COUNTY.

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres.

Adkins, F. P Salisbury Nanticoke River 5.

Adkins, E. S Salisbury Nanticoke River 5.

Bradshaw, Thos. A. . Salisbury Wicomico River 5.

Brady, Nettie Salisbury Ellis Bay 5.

Bradshaw, Geo. B. . . Salisbury . . . '. Wicomico River 5.

Bailey, J. C Salisbury Ellis Bay 5.

Bloodsworth, J. R. . . Salisbury Wicomico River 3.5

Bloodsworth, J. F. . . Salisbury .Wicomico River 5.

Brady, Ella Salisbury Wicomico River 5.

Brady, Lilly Salisbury Ellis Bay 5.

Bloodsworth, W. S. . Salisbury Wicomico River 5.

Brady, Will C Salisbury Ellis Bay 5.

Collins, Lambertine . Salisbury Wicomico River 5.

Catlin, Elmer H . . . . Salisbury Wicomico River 5.

Catlin, Alex. W Salisbury Wicomico River 5.

Covington, Jas. K. . .Tyaskin Wetipquin 2.13

Dickerson, Sam'l G.. Jesterville Nanticoke River 5.

Evans, Emma V Salisbury Ellis Bay ,5.

Evans, Robert G. . . . Salisbury Wicomico River 5.

Hopkins, Edgar P. . . (Not given) Wicomico River 5.

Hopkins, George W. (Not given) Wicomico River 5.

Hopkins, Geo. J. C . . Jesterville Wicomico River 5.

Heath, Julia A. C. . . Jesterville Nanticoke River 5.

Heath, E. J Jesterville Nanticoke River 5.

Heath.W. H. and S. E. Jesterville Nanticoke River ] . 5.

Hopkins, John T . . . . Victor Wicomico River 5.

Insley, Jno. W (Not given) Nanticoke River 5.

Insley, John H (Not given) Nanticoke River 5.

Insley, Levin T (Not given) Nanticoke River 4.7

Insley, George D (Not given) Nanticoke River 5.

Leatherbury, R. Lee. (Not given) Wicomico River 5.

Leatherbury, Lettie.. (Not given) Wicomico River 5.

96 Report of the Board of Shell Fish Commissioners

No. of
Name of Applicant. Postoffice Address. Location of Lot. Acres?.

Leatherbury, L. H. . (Not given) Ellis Bay '. . 5.

Leatherbury, Chas. . . (Not given) Ellis Bay 5.

Leatherbury, W. K. . (Not given) Wicomico River 5.

Leatherbury, Nellie. (Not given) Wicomico River 5.

Larrimore, George . . Tyaskin Nanticoke River 5.

Moore, George Tyaskin Wicomico River 5.

Preston, Thomas Tyaskin Wicomico River 5.

Roberts, Harry Jesterville Nanticoke River 5.

Robertson, Mack (Not given) Nanticoke River 4.38

Robertson, Harry C. Salisbury Nanticoke River 5.

Robertson, Geo. B-- .White Haven Ellis Bay 5.

Sims, Revell P (Not given) Wicomico River 5.

Sims, Emma (Not given) Wicomico River 5.

Toadvine, Adah L.. . (Not given) Wicomico River 5.

Toadvine, Lee (Not given) Wicomico River 5.

Toadvine, Ruby F. . (Not given) Wicomico River 5.

Toadvine, Stella H. . (Not given) Wicomico River 5.

Toadvine, Lida H. .'. (Not given) Wicomico River 5.

Toadvine, L. C Nanticoke Nanticoke River 5.

Turner, Alice P Nanticoke Nanticoke River. 3.

Wingate, John W. . . (Not given) Wicomico River 5.

Williams, Jay (Not given) Wicomico River 5.

Williams, Alonza L.. (Not given) Wicomico River 5.

Williams, Chas. E. . .Salisbury Nanticoke 'River 5.

White, I. H Salisbury Nanticoke River 5.

Williams, Elmer C. .Salisbury Nanticoke River 5.

White, Matilda T... White Haven Wicomico River 5.

White, Samuel E... White Haven. Wicomico River 4.

Wainwright, E. H. . .Clara Ellis Bay 5.

White, James A Salisbury Nanticoke River 5.

White, Samuel M. . . Salisbury Nanticoke River 5.

Willing, Geo. W. W.Salisbury Nanticoke River 5.

Williams, Alb't H.. .Nanticoke Nanticoke River 5.

Willing, Franklin A. (Not given) Nanticoke River 5.

Williams, Thos. H. . Salisbury Nanticoke River 5.

Williams, L. E Salisbury Nanticoke River 5.

Peport of the Board df Shell Fish Commissioners 97

NUMBER OP APPLICATIONS RECEIVED FOR RETENTION OF

OYSTER LOTS, HELD UNDER FORMER LAW, AND

TOTAL NUMBER OF ACRES APPLIED FOR.

Anne Arundel County 29 applications for 118.94 acres.

Calvert " .: 92 " " 325.70 "

Charles " 23 " " 106.65 "

Dorchester " 161 " 766.21 "

Kent " 4 " " 17.90 "

Somerset " 315 " " 1,559.13 "

St. Mary's " 73 " " 255.51 "

Talbot " 83 " " 344.91 "

Wicomico " 69 " " 331.63 "

Total.. 849 " " 3,826.59 "

98 Report of the Board of Shell Fish Commissioners

LESSEES OF OYSTER GROUNDS.

Alphabetical List, by Counties, of Lessees of Oyster Ground, Under
the Provisions of Chapter 711, of the Acts of 1906, Giving Number
of Acres Leased, September 30, 1907.

ANNE ARUNDEL COUNTY.

Lessee.

No. of Acres.

Collins, Severn A 3.25

Davis, George A 2.5

Dawson, J. W 4.75

Duvall, Charles Milton 4.75

Hartge, Edmund L 2.95

"Hopkins, O. B 10

Keidel, Henry 5.

Keidel, Adelia L. . .3.

Lessee.

No. of Acres.

Larson, Charles 3.25

Lerch, F. T 5.

Martin, Charles E 5.

Martin, John W 5.

Murray, Mary H 5.

Nowell, William G 2.5

Sanders, William H 5.

Worthington, Joseph M 5.

Lessee.

CALVERT COUNTY.
No. of Acres. Lessee.

Breeden, George L .......... 5.

Breeden, John W ........... 5.

Breeden, Jake E ............ 3.

Bowen, Wise ............... 5.

Breeden, William E ........ 5.

Breeden, John E ............ 4.

Bowen, Helen V. M ......... 5.

Bowen, Isaac P ............. 5.

Brome, N. W ............... 5.

Brome, M. R

Blackburn, William C

Breeden, Barbara E.

Breeden, Laura V

Barrett, Daniel ............. 5.

Barrett, Christian ........... 5.

Dodson, William 1 .......... 1.9

Glover, John W ............. 2.85

Glover R. M ........... ..... 3.2

Gantt, William Warren ..... 1.25

Gantt, John B .............. 2.

5.
5.
5.
3.5

No. of Acres.

Hance, Young D 5.

Jones, John M 1.31

Joy, John B 2.75

Ketcham, M. A 5.

Ketcham, Asa C 5.

Kopp, John C 5.

Lore, Joseph C 2.5

Mister, John R 1.88

Overton, Chas. S 5.

Overton, Daisy M 4.37

Overton, S. P 5.

Overton, W. E 5.

Railey, John 2.46

Sullivan, P. J: S.25

Seipp, William A 4.75

Tongue, T. 5.

Turner, George D 5.

Tongue, Frank 2.8

Tongue, Frances Howard 1.75

Weems, Clarence 4.75

Applicant under new law for new area.
Sec. 108, Ch. 711 of the Acts of 1906.

Did not apply under provisions of

Report of the Board of Shell Fish Commissioners 99

CHARLES COUNTY.

Lessee. No. of Acres.

Alvey, William C 5.

Cullison, Geo 3.

Henderson, Alethea H 5.

Jackson, John C 5.

Lessee. No. of Acres.

Jackson, Walter L 5.

Lancaster, S. S 5.

Norris, James N 3.65

Thomas. James E. . . . 5.

DORCHESTER COUNTY.

Lessee. No. of Acres.

Bonds, Maria L 1.33

Booze, Robert G 5.

Brannock, Annie L 2.15

Brannock, Edgar 4.05

Barton, J. Frederick 5.

Bloodswortji, R. E 5.

Clayton, John M 5.

Collier, Effie M 5.

Dashiell, Edwin, Jr 5.

Elliott, William E 5.

Ewell, William T 5.

Foxwell, William M 5.

Gray, James W 5.

Gray, Martha 5.

Gray, Bessie 3.75

Gray, John W 5.

Gray, Cornelius 5.

Gray, Clara E 5.

Hurley, Elijah '.....*.. 5.

Hayward, Eliza E 9

Hurley, Celia E 5.

Hurley, Levin 5.

Horseman, Charles W 5.

Jones, James W 5.

Jones, Harvey 5.

Jackson, Thomas J 5.

Kenley, Mary A 5.

Kinnamon, Wilton T 5.

Lewis, Thomas 5.

Moore, Alonza M 5.

Lessee. No. of Acres.

Moore, Alberry H 5.

Moore, Mary J 2.25

Moore, Pheby -. 1.88

Moore, Herman W 5.

Moore, Delma A 2.5

Muse, William S 5.

Mace, John 5.

Mitchell, R. H 5.

Phillips, Luther 5.

Robinson, William T 5.

Rippon, Thomas L 5.

Robinson, S 5.

Simmons, Maggie L 5.

Simmons, Samuel M 5.

Simmons, Dorinda H 5.

Shepherd, James S 5.

Tyler, Kate 5.

Tyler, Stella 5.

Travers, John E 5.

Tyler, W. B 5.

Tyler, James F 5.

Tyler, Samuel M. . f 5.

Travers, Levin F 5.

Turner, Oscar A 5.

Turner, Llewella E 5.

Vickers, Thomas H 5.

Wingate, Christopher C 5.

Willey, Sallie 5.

Wilson. Thomas S.. .5.

TALBOT COUNTY.

Lessee. No. of Acres.

Anderson, C. H 5.

Bringman, Herman , . 5.

Baynard, G. Oscar 5.

Lessee. No. of Acres.

Burrows, Mary E 1.

Cross, A. E 1.63

Collins, Mrs. S. W 4.81

100 Report of the Board of Shell Fish Commissioners

Lessee. No. of Acres.

Collins, Herbert B 4.88

Dean, Melvin 5.

Frampton, Chas. L 5.

Easter, Mrs. M. W 2.18

Glascock, Arthur D 5.

Glascock, Anna L 5.

Howeth, Charlotte E 5.

Howeth, Charles J 5. jjH

Henderson, Charles E 3.37

Henderson, Charles E., Jr... 3.20

Henderson, Ida M 3.25

Haddaway, Alexander 1.46

Harrison, Charles H. H 5.

McConnell, S. D 5.

McConnell, Anna B 5.

Martin, Frances S 2.81

Lessee. No. of Acres.

Mister, Albert T 5.

*Mann, Harry E. 4.67

Peppier, P 1.48

Plummer, Matthew T 2.25

Pastorfield 5.

Rollins, Thonrton 2.59

Rivers, Arthur D 5.

Rivers, Janet B 5.

Rivers, L. Lucas 5.

*Seth, Mary W 5.

Sinclair, Elmer N 4.16

Smith, W. I., Sr... 5.

Valliant, Bessie E 2.63

Valliant, Hugh B 5.

Valliant, Annetta 5.

PRINCE GEORGE'S COUNTY.

Lessee. , No. of Acres.
Stevens, R. Nelson 5.

QUEEN ANNE'S COUNTY.

Lessee.

No. of Acres.

Hoxter, Mary E 5.

Tull, Thomas H 3.

Lessee.
Tull, George T.

No. of Acres.
. 4.

SOMERSET COUNTY.

Lessee. No. of Acres.

Adams, W. J 5.

Blades, T. C. 5.

Baker, Louise T 5.

Beauchamp, Vaughn 5.

Bradshaw, Jacob T 5.

Beauchamp, William T 5.

Bennett, Charles 5.

Bennett, Garnett E 5.

Bennett, E. S 5.

Bennett, Ida G 5.

Bennett, Fred L 5.

Bennett, G. W 5.

Bennett, W. F 5.

Byrd, Ruby E '.. 5.

Byrd, William E 5.

Lessee. No. of Acres.

Byrd, Elizabeth E 5.

Croswell, Julia A 5.

Cox, Effie K 5.

Conner, M. S 5.

Cox, George A 5.

Conner, N! T 5.

Coulbourn, Joseph E 5.

Conner, Eliza J 5.

Coulbourn, John W u.

Clayton, Sarah A 5.

Coulbourn, Annie M 5.

Chelton, Wm. H 5.

Coulbourn, W. Clark 5.

Coulbourn, Lena V 5^

Coulbourn, Lottie 5.

*Transferred to Henry H. Pearsons, of Talbot County.

Report of the Board of Shell Fish Commissioners 101

Lessee. No. of Acres.

Coulbourn, Julia 5.

Dayton, Cora. 5.

Dayton, Millard F 5.

Daugherty, Elijah T 5.

Dorman, Geo. E 5.

Evans, William W 5.

Evans, Maggie S 5.

Ford, Herschel 5.

Fisher, William 5.

Gillis, Joshua : 5.

Gillis, Sarah A 5.

Gibson, Benjamin F 5.

Gibson, William E 5.

Gray, James M 5.

Hall, W. C .. 5.

Hall, I. Henry 5.

Henderson, Mary E 5.

Jones, Robert H 5.

Johnson', John S 5.

Landon, Virginia 5.

Long, Aurelius A 5.

Landon, Walter G 5.

Landon, William R. 5.

La Vallette, Amy 5.

Lawson, E. S 5.

Muir, William L 5.

Mister, Lawson 5.

Miles, Edwin E 5.

Miles, Southey F 5.

Matthews, Charles L 5.

McDaniel, Mathias J 5.

Nelson, E. W 5.

Purnell, Isaac J 5.

Pruitt, John E 5.

Peyton, Eva B 5.

Peyton, Orrie F 5.

Riggin, Horace % . 4.21

Riggin, Elisha T 4.81

Robertson, Samuel H., Jr... 5.

Riggin, Charles E 5.

Sterling, William C 5.

Lessee. No. of Acres.

Scott, Vida A 5.

Scott, Lucy V 5.

Somers, Henry 5.

Sterling, Ida 5.

Sterling, Adelia 5.

Sterling, Lillie 5.

Sterling, Arthur 5.

Sterling, Roy 5.

Sterling, Lenore 5.

Sterling, I. Tubman 5.

Sterling, John 5.

Sterling, Cornelius 5.

Sterling, Martin L 5.

Somers, E. W 5.

Somers, G. A 5.

Somers, William J 5.

Somers, C. N 5.

Smith, Loretta 5.

Shockley, Leslie 5.

Smith, John W 5.

Sterling, Mary F 5.

Tawes, Grace 5.

Tull, Washington L 5.

Tull, Carrie E 5.

Taylor, Emma 1 5.

Tull, E. W 5.

Tyler, George 5.

Tawes, Isaac H 5.

Tull, Ira R 3.75

Tull, R. J., Jr 5.

Tyler, Grace 5.

Tawes, Addie B 5.

Williams, Benjamin F 5.

Waters, Edward J 5.

Ward, Alethea A 5.

Whittington, Carrie 5.

Ward, George F 5.

Whittington, A. A 5.

Whittington, Mary 5.

Whittington, S. F 5.

ST. MARY'S COUNTY.

Lessee.

No. of Acres.

Abell, George F 5.

Burch, James H 3.75

Lessee. No. of Acres.

Buhrman, Henry J 3.

Clark, R. King 5.

102 Report of the Board of Shell Fish Commissioners

Lessee. No. of Acres.

Cheseldine, A. Freeman... 4.75

Goad, J. Edwin 5.

Dunbar, William W 3.25

Dunbar, Fred V 3.75

Dean, John C 3.5

Ewell, Harrison 5.

Forestell, John T 5.

*Farr, Joseph J 7.

Gibson, Joseph E 3.25

Hyatt, Alpheus 5.

tHebb, John S 4.

Johnson, Leonard B 5.

Lessee. No. of Acres.

Morris, Lydia A 4.98

Kennedy, Alexander 5.

Shorter, Charles E 2.33

Swann, J. Thomas .. . . 1.

Smith, Umphrey 4.2

Smith, J. Winfield 1.6

Smith, James F 2.4

Taylor, Jessie 7

Wise, Samuel 5.

Wood, Charles D 2.

Williar, Harry D 4.75

Yates, Colton 1.

Lessee. , No. of Acres.

Collins, Lambertine 5.

Hopkins, John T 5.

Hopkins, George W 5.

Hopkins, George J. C 5.

WICOMICO COUNTY.

Lessee.

No. of Acres.

Leatherbury, W. K 5.

Robertson, Harry C 5.

Turner, Alice P 3.

White, S. M 5.

NUMBER* OF LEASES GRANTED TO OYSTER LOTS HELD UNDER
FORMER LAW AND TOTAL NUMBER OF ACRES LEASED.

Anne Arundel County 16 leases covering 71.95 acres.

Calvert

Charles "

Dorchester

Somerset

Prince George's** "

Queen Anne'stt "

St. Mary's

Talbot

Wicomico "

40
8

59

111

1

3

28

37

159.27

36.65

276.81

537.77

5.00

12.00

101.71

151.37

38.00

*Held jointly with Stephen L. Graves.

tTransferred to Edwin H. Foru, of Baltimore City.

iThe figures given in this table represent the number of leases
granted and recorded on September 30, 1907. Their lack of agreement
with those on page 76 is due to the fact that many lotholders who
had filed informal application only for their lots (see page 76) availed
themselves of their opportunity to complete applications during the
survey of their respective counties and to have their lots resurveyed
prior to taking out leases.

**Included with applications from Charles County.

ttlncluded with applications from Talbot County.

Report of the Board of Shell Fish Commissioners 103

The barren area of Anne Arundel County was opened for
leasing purposes on April 2d, 1907.

Section 100, of Ch. ,711, provides in part that, for a period of
four months after the said survey shall have been completed,
or after any area shall have been opened for leasing, citizens of
Maryland, residing in any part of the State, who, at the time of
the completion of said survey, or at the respective times of
the opening for oyster culture of several areas, as the case
may be, may be owners of land having a water front upon any
part of the said areas so opened to oyster culture, shall have the
exclusive right to rent any land opened to oyster planting under
the provisions of this Act, adjacent to their lands.

Under this- portion of Section 100, the following applications
were received :

Applicant.

Henry E. Waggaman.
George T. Melvin. . . .

William Wilde

Matilda C. Pitcher

Oswald B. Hopkins. . .

Lester L. Stevens

Theodore W. Forbes. .

Thomas Tydings

William G. Nowell. . ,
Benjamin Garner.

John R. Sheckell

Maggie A. Friemel . . .
Charles A. Friemel..,

Alice A. Bates

Elizabeth Giddings. ..
Henry M. Fitzhugh...
Mary A. Fitzhugh. . . ,

No. of Acres. Location of Oyster Lot.

10 South River.

10 Church Creek.

3 West River.
10 South River.
10 Herring Bay.
10 Magothy River.
10 Herring Bay.

10 Cherry Tree Neck.

40 Chesapeake Bay.

10 Aberdeen Crefik.

5 South River.

10 Severn River.

4 Severn River.

5 Sevesn River.
10 Severn River.

10 Severn River.

10 Severn River.

104 Report of the Boar -d of Shell Fish Commissioners

HYDROGRAPHY. 29

i

INFORMATION FURNISHED.

Before beginning the actual survey of the oyster grounds the
Commission was furnished by the United States Coast and Geo-
detic Survey with projections, constructed on a scale of 1 part
in 5,000 (approximately 6 1-3 inches to a statute mile), show-
ing the coast line of the localities to be surveyed and the
plotted positions of the triangulation stations. The Coast and
Geodetic Survey also placed a party in the field to erect such
triangulation stations as were needed by the hydrographic engi-
neers for use in making the survey of the oyster grounds. 30

Under this heading, mention may be made of the service
rendered by the United States Bureau of Fisheries, an assist-
ant from that Bureau, Dr. H. P. Moore, having been detailed
to consult with the Commission and the hydrographic engineer
concerning the methods to be adopted and used for surveying
and examining the oyster grounds.

Prior to making a survey of any section the local assistant;
appointed by the County Commissioners, informed the hydro-
graphic engineer of the approximate location and extent of the
oyster grounds of the section so they could be indicated in
pencil on the boat sheets. This information greatly expedited
survey operations in that it made surveys of barren bottoms
unnecessary.

EQUIPMENT.

The equipment for conducting the snrvey of the oyster
grounds and crabbing bottoms consists in boats and instru-
ments.

2The chapters on HYDROGRAPHY and STATE BUOYS have been ab-
stracted from the report of the Chief Engineer to the Commission.

soprevious to the time the field work of the Coast and Geodetic Survey
party began, October 10th, 1906, a number of signals were erected over
the old Coast and Geodetic Survey triangulation stations by the hydro-
graphic engineers x>f the Commission and at other times also it has
been necessary for the Commission to assist with this work.

Report of the Board of Shell Fish Commissioners 105
Boats.

The launch "CANVASBACK." 31 with a coxswain and engi-
neer, has been furnished by the United States Bureau of
Fisheries. This launch, 42 feet long, 9 foot beam, has a draft
of three feet and is hence well adapted for work on oyster
grounds the boundaries of which extend into water as shallow
as four feet.

The "ANGLE," 31 a dead-rise bateau, 24 feet in length, belong-
ing to the Commission, has been used for surveying grounds too
small in extent or situated in water too shallow for the advan-
tageous use of the launch "CANVASBACK."

The Steamer "GOVERNOR R. M. McLANE," belonging to
the State Fishery Force and placed at the disposal of the Com-
mission in accordance with Section 97 of the Haman Oyster
Culture Law, has been used for surveying oyster grounds
situated in the bold waters of the Bay adjacent to Somerset
County. The chief uses to which this steamer has been put,
however, have been the placing of buoys at the corners of the
natural oyster bars; towing the houseboat "OYSTER" from
one anchorage to another and for transporting supplies (coal,
water and provisions) to the houseboat.

The launch "INVESTIGATOR," 32 a bay canoe, 34 feet long
with 7.5 foot beam, purchased by the Commission and fitted
with an eight-horse-power Fairbanks gasoline engine, has been
used during the year 1907 for making examinations of oyster
grounds and for collecting data and specimens for the physical
and biological investigations. During 1906 various boats were
hired for this work, but the necessity for increasing the num-
ber of examinations of the grounds surveyed was later realized
and a launch more perfectly adapted for the work was there-
fore fitted up. 33

A scow, the "MARYLAND," 32 feet long and 12 feet wide,
has been built and equipped by the Commission for use in trans-
porting the buoys and sinkers and placing them at the corners

3iSee frontispiece.
32See figure 1.

ssFor a detailed account of the work and equipment of the Investiga-
tor, see pages 37 and 116.

106 Report of the Board of Shell Fish Commissioners

of the natural oyster bars. The scow is towed from place to
place either by the launch "CANVASBACK'* or by the steamer
"GOVERNOR R. M. McLANE" and the sinkers and buoys are
dropped from her deck.

The following description of the houseboat "OYSTER" is
copied from the report prepared by Captain C. C. Yates and
published by the U-nited States Coast and Geodetic Survey :

HOUSE BOAT "OYSTER."

While arranging to turn over the command of the steamer Endeavor,
the representative of the Survey, acting under preliminary Instructions
from the Superintendent, was engaged in frequent consultation with
the Shell Fish Commissioners in reference to the programme of future
work. In addition to these duties, he undertook for the commissioners
the planning and supervision necessary to convert the old side-wheel
steamer Thomas L. Worthley into a house boat for the surveying
parties of both the Commission and the Government. The Worthley,
now called the house boat Oyster, was in excellent condition when pur-
chased by the Commission. The keelsons and timbers were sound and
the upper works strong. After the removal of the old engine and boiler,
the house boat was. docked and her hull thoroughly examined. The
outside planking below the water line was found in good condition,
and although it was recalked, it was done as an additional precaution,
the hull having been absolutely water-tight from the day of purchase.

The Oyster is about 135 feet over all and 35 feet in beam. The main
deck contains living quarters for 27 men, the officers mess room and
the galley. The upper deck has 11 staterooms, 5 for the 3 commisi-
sioners and their 2 hydrographic engineers, 4 for the Coast Survey
officers, 1 for the representative of the U. S. Bureau of Fisheries, and
1 for the local county oyster commissioner. Besides these rooms, there
are located on this deck a large drafting room, a laboratory for oyster
investigations, and an office room. Coal for the two Government
launches and the galley is stored in the hold, which also contains fresh-
water tanks having a capacity of about 7,000 gallons, Signal lumber
is carried on the main deck aft of the officers' mess room.

As a whole, the Oyster is plainly and practically equipped for the
work to be done. She has added much to the amount of the surveying
accomplished during the season, and the Coast and Geodetic Survey
representative greatly appreciates the practical advantages furnished
to his party by their quarters on the house boat. When the large party
of the combined surveying forces is taken into consideration with the
limited accommodations usually obtainable on shore, the attending

Report of the Board of Shell Fish Commissioners 109

difficulties of \ a scattered party, the uncertain location and supply of
coal and water for launches and sufficient lumber for signals, it is
easily seen that the amount of work accomplished would have been
reduced greatly, if there had been no such house boat as the Oyster to
supply all requirements of the surveying operations.

With reasonable care and repairs, the Oyster will be a valuable asset
to the Commission at the completion of the oyster survey of the State,
besides having paid her first cost several times over in both quality
and quantity of work accomplished.

The steam launch "INSPECTOR," although not used by the
Commission or its engineers directly, is- nevertheless a part of
the equipment for the work of the survey. She belongs to and is
used by the Coast and Geodetic Survey party in erecting sig-
nals, placing monuments to mark the triangulation stations
and for making the triangulation necessary to determine the
geographical positions of the permanent objects and signals-.

A number of small boats, furnished by the United States
Coast and Geodetic Survey and Bureau of Fisheries, are avail-
able for any purpose for which they may be needed.

Instruments.

The instruments (sextants, protractors and drawing instru-
ments) and record books needed by tb.6 hydrographic engineers
for conducting the survey of the oyster grounds have been
kindly loaned to the Commission by the United States Coast
and Geodetic Survey. The uses to which the instruments are
put are described further on.

Such instruments as have been found necessary for con-
structing leasing charts, for computing areas and for con-
ducting the physical and biological investigations* have been
purchased by the Commission.

*The apparatus used in ascertaining the density of the water over the
oyster grounds is the property of the U. S. Coast and Geodetic Survey.
The investigations concerning the oyster food supply of the Chesapeake
have been made with a microscope belonging to the Johns Hopkins
University.

LIBRARY

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Report of the Board of Shell Fish Commissioners 111

ORGANIZATION.

The organization of the party for hydrographic field work
when fully completed is as follows : 34

3 Commissioners. 1 Painter.

1 Hydrographic Engineer. 1 Oarsman.

3 Asst. Hydrographic Engineers. 1 Boatswain (Houseboat).

1 Clerk (On House boat). 1 Nightwatchman (House boat).

1 Recorder. 1 Coxswain (Investigator).

1 Leadsman. 1 Engineer (Investigator).

1 Local Assistant. 1 Tide Observer.

1 Expert Tongman. 2 Cooks.

1 Carpenter. 2 Waiters.

Day laborers for buoy construction and oarsmen have been
hired as the exigencies of the work required.

METHODS.

\

The methods used by the Commission in making the hydro-
graphic survey of the oyster grounds of Maryland, with slight
modifications, are the same as those used by the United States
Bureau of Fisheries in conducting surveys of oyster grounds
in other States.

The approximate position of an oyster ground having been
pointed out by the local assistant, the Chief Engineer, with the
survey party on the launch ^CANVASBACK," runs a zigzag or
parallel series of sounding lines over it (see figure 6) the
object of which is to ascertain the exact limits of the ground,
the depth of water over it and the condition of the bottom.

A copy of a poly conic projection, known as a boat sheet,
showing the shore line of the region being surveyed, and the
plotted positions of the signals erected on shore, is spread upon
a chart board in front of the hydrographic engineers. By

s^Changes having been made in the personnel of the party as the sur-
vey progressed from one section of the State to another, the names of
employees are omitted. '

FIG. 4 SEXTANT.

FIG. 5 PROTRACTOR.

Report of the Board of Shell Fish Commissioners 113

means of a three-arm protractor, 35 or position finder, the posi-
tions of the launch at the end of two or three minute intervals,
while running the sounding lines, are plotted on this boat sheet
by the chief engineer, the locations of the launch being ascer-
tained by means of sets of angles taken simultaneously by the
engineers observing three signals on shore with sextants. 36 By
connecting consecutive positions, as they are plotted, with
straight lines the course of the lines of soundings is shown on
the boat sheet. 37

The three-point problem, which is involved in locating each
of the positions occupied 'during the survey, is illustrated by
figure 7, in which X represents the launch and A, B and C
the signals on shore. The angles AXB and BXC are those
taken by the engineers with sextants to locate their position at
X. The right-hand angle BXC (75 48') is transferred to the
vernier between the middle arm and right arms of the pro-
tractor and the left-hand angle AXB (58 16') is transferred
to the vernier between the middle and left arms. When the
protractor is thus set and laid on the chart in such position
that the left arm passes through the plotted position of signal
A, the middle arm through the plotted position of signal 5 and
the left arm through the plotted position of signal C the point
in which the three arms of the protractor meet, the centre of
the hub, is the point on the chart representing the position of
the boat when the sextant angles were taken.

All angles taken during the survey by the engineers* are
transferred to the protractor and plotted on the boat sheets by
the chief engineer, while the assistant engineer records the
angles in an angle record book.

ssA three-arm protractor (figure 5) is an instrument used for plot-
ting observations with sextants of two angles to three known points
for the location of the point of the observer.

The description of the theory of the sextant and protractor and their
use in hydrography requires the use of language too technical to be of
general interest.

36A sextant (figure 4) is an instrument constructed for measuring
the angle between two objects on shore (signals) from the position of
the observer.

s'See also pages 23-25, Coast and Geodetic Survey Report, Survey of
Oyster Bars, Anne Arundel County.

114 Report of the Board of Shell Fish Commissioners

During the progress of the launch over an oyster ground the
leadsman, occupying a cage attached to th? roof on the star-
board side, forward, throws his lead line at intervals of 15-20
seconds, measuring the depth of water and testing the bottom
at each cast Having made a sounding the leadsman reports the
depth of water, in fathoms and feet, and the character of the
bottom in the following terms : soft, sticky, hard or grassy.
< The recorder, seated in the after part of the launch with a
clock before him, notifies the leadsman at the end of each 15-20
second interval, by means of an electric bell, when it is time
for soundings to be made, and in a sounding record book
records the findings of the leadsman in the following symbols :
S (soft), St. (sticky), H (hard), G (grassy).

The local assistant, operating the chain apparatus (see fron-
tispiece) from the forward port side of the launch, tests the
oyster ground at the end of each 15-20 second interval and
reports to the recorder his findings in the following terms:
Barren, very scattering, scattering, medium or dense. His
report is given immediately following that of the leadsman
and is recorded in the sounding record book with the initial
letters of the terms used to describe the condition of the
ground.

The chain apparatus 38 as it appears in operation is shown in
the frontispiece of this report.

It consists in a drag made up of three pieces of chain
fastened to the middle and ends of a wooden bar two feet in
lengtti, to which by means of a short wire bridle a stout copper
wire is attached. To this' wire, near the point where it passes
to a reel on the launch, a short slender wire is joined, by means
of a hook, which leads to a resonanter fastened to the roof of
the launch. When running a line of soundings the drag at
the end of the stout wire is towed over the bottom, and from
the vibrations or lack of vibrations on the wire the condition
of the ground is inferred. The vibrations are detected by the
. hum of the resonanter or by holding the wire in the hand.

the form as use'd until recently the drag on the chain apparatus
consisted of but a single piece of chain and there was no resonator
attached.

116 Report of the Board of Shell Fish Commissioners

When the drag is passing over barren bottoms the chains tow
smoothly and evenly and no vibrations are transmitted to the
wire, but when shells or oysters are struck by the chains the
wire is made to jerk and vibrate. If the vibrations are infre-
quent the inference is that shells or oysters are very scattering
and when the vibrations become more frequent or constant a
scattering, medium or dense growth of oysters is inferred.

A small boat containing small buoys with 10-pound dumb-
bells for sinkers is towed behind the launch at a distance such
that it remains above the chain drag. At one or more points
on each line of soundings small buoys are cast over to mark
stations to be occupied and examined by the "INVESTIGA-
TOK" which, with an expert tongman, follows the survey
launch (see page 37). The position of each buoy on the line of
soundings and the number of each is recorded in both the angle
record and sounding record books. Their positions are also
plotted '6n the boat sheets, being indicated by small flags (see
frontispiece) .

Between consecutive plotted positions of the launch in a
line of soundings, shown in .figure 8 by the numerals above
the lines (32-41), seven observations of the depth of water,
character of the bottom and condition of the oyster ground
have been made. The positions of these observation stations
are plotted on the lines of soundings by dividing the part of the
plotted line between consecutive positions of the launch into
eight equal spaces, the points separating these spaces indi-
cating the positions of the sounding stations. The findings of
the local assistant with the chain apparatus at these stations
are indicated by writing the symbols B, S, M or D below the
lines, as shown in figure 8.

The results of the use of the chain apparatus having been
thus plotted on the lines of soundings, the limits of the oyster
or shell covered bottom are then shown upon the boat sheet by
drawing a line (X-Y and M-N in figure 8) across the ends of
the lines of soundings through the spaces which separate the
soundings, indicating barren bottom, from those indicating the
presence of shell or oysters.

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118 Report of the Board of Shell Fish Commissioners

This line, indicating the limit of the oyster-producing bottom,
does not mark the official limits of the oyster ground, but it
serves as a guide for enclosing the ground within a straight- .
sided figure (see figure 6) such as is designated shall be used
to define the limits of the natural bars by Section 90 of the
Haman Oyster Culture Law.

FIELD WORK.

The hydrographic survey of the oyster grounds beneath the
waters of Maryland was begun in Anne Arundel County on the
29th of June, 1906. The time previous to this date, from the
appointment of the Commission, was occupied with getting
together a -survey party and an equipment for carrying on the
survey work.

Survey operations were carried on until September 12th from
Annapolis, in Severn Kiver, Annapolis Roads and nearby sec-
tions of the Bay. , On September 12th the houseboat Oyster
was put into commission and she has since been headquarters
for all field work. 30 Her anchorages have been as follows :

Galesville, West River September 13 to November 4.

Annapolis November 4 to November 8.

Revell, Magothy River November 8 to November 30.

Lake Shore, Bodkin Creek November 30 to December 10.

Annapolis December 10 to May 2 (1907).

Crisfield May 2 to July 13.

Inverness, Manokin River July 13 to August 27.

Inverness, Piney Island \. August 27 to August 30.

Mt. Vernon, Wicomico River August 30 to September 30.

The work carried on by the survey party, classified under
various headings, during each month from the date of begin-
ning field work until the end of the fiscal year, September 30,
1907, is given in the tables printed on pages 119 and 120.

sFrom December 10, 1906, to May 2, 1907, the survey party, with the
exception of the engineers and two laborers, was disbanded and the
. work of duplicating records and preparing leasing charts was carried
on in the office in the State House.

Report of the Boarcl.of Shell Fish Commissioners 119

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120 Report of the Board of^Shell Fish Commissioners

Statistics Hydrographic Field Work, October 1, 1906, to October 1, 1907.
1906. 1907.

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Report of the Board of Shell Fish Commissioners 121

The survey of the oyster grounds of Wicomico County has-
been completed as this report goes to press, and the work in
Worcester County has been started.

RESULTS.

The results of the work of the survey party of the Shell Fish
Commission and the parties designated from the U. S. Coast
and Geodetic Survey and Bureau of Fisheries to co-operate
with and assist the Commission in carrying out the provisions
of Sections 86 and 89 'of the Haman Oyster Culture Law, are
summed up in the following pages, although some of the results
do not properly come under the head of hydrography.

1. A complete series of triangulation stations has been
established on shore in Anne Arundel, Somerset and Wicomico
Counties and permanent monuments have been erected at each.
The location of each station has been carefully described and
its bearing and distance from other stations are, or will be,
published. (See report "Survey of Oyster Bars." Anne
Arundel County, Coast and Geodetic Survey, 1907) .

2. A triangulation frameivork, permanently establishing
the geographical position of each triangulation station, has
been constructed for use in definitely fixing the location of all
natural oyster bars and lots leased for oyster culture.

3. Boundary lines have been established and described
bet wen the territorial limits of Anne Arundel and Somerset
County waters and the waters adjacent thereto, and limiting
the waters outside the territorial limits of these counties,
beneath which the barren bottoms can be leased for oyster cul-
ture with said counties.

4. The natural oyster bars beneath the waters of Anne
Arundel and Somerset County waters and the waters adjacent
thereto have been surveyed and the exact locations of the cor-
ners of each have been described and established with reference
to triangulation stations on shore and marked with buoys.

5. All lots taken up under former laws for the purposes of
oyster culture, which have been leased under the- Haman Oyster
Culture Law, in accordance with Section 108, have been resur-

122 Report of the Board of Shell Fish Commissioners

veyed and described with reference to triangulation stations on ,"
shore.

6. A duplicate series of nine polyconic projections have been
constructed on which the sextant positions, which determine
the location of the legal boundaries of the natural bars in Anne
Arundel County, have been plotted. A similar duplicate series
of projections showing the location of the legal boundaries of
the natural bars and crabbing grounds of Somerset County are
in process of construction as this report goes to press.

These projections, together with the angle and sounding
record books which have also been duplicated, constitute the
original records of all positions established by the Commis-
sion and will be filed, one series in the office of the Commission
at Annapolis', the other in the office of the Coast and Geodetic
Survey in Washington.

7. A large edition of a series of four charts, prepared from
the projections above mentioned and from data previously
gathered by the Coast and Geodetic Survey, showing the ,
natural oyster bars of Anne Arundel County waters and waters
adjacent thereto; the location and names of all landmarks used
in making the survey ; the boundaries of the waters within the
territorial limits of the county and the boundary of the water
not within these limits but open for leasing with the county ;
the lines showing the 6, 18, 30 and 60-foot curves, with various
other topographical features, have been published by the Coast
and Geodetic Survey on the scale of 1 part in 20,000 and filed
with the Commission for distribution.

8. A progress map has also been prepared and published by
the Coast and Geodetic Survey, on a scale of 1 part in 100,000
covering in outline the entire area of the county and giving the
scheme of the projections and published charts, showing all
triangulation stations and boundary lines of county and
adjacent waters.

9. A series of 13 leasing charts have been constructed by the
Commission covering the entire area surveyed in Anne Arundel
County and are on file in the office of the Commission at An-
napolis. Those covering areas in which lots, leased for oyster
culture, are limited to ten acres are on a scale of 1 part in

Report of the Board of Shell Fish Commissioners 123

5,07)0. Those covering areas in which lots containing 100 acres
may be leased are drawn on a scale of 1 part in 10,000. These
charts show the triangulation stations, natural oyster bars and
the lots now leased in the county for oyster culture. To facili-
tate leasing, the barren bottoms in sections within county
limits have been divided into squares of one acre each, and
those x in sections outside these limits into squares of four acres
each.

124 Report of the Board of Shell Fish Commissioners
STATE BUOYS.

CONSTRUCTION.

Provision is made in Section 86 of the Haman Oyster Culture
Law for marking the corners of all natural oyster bars with
buoys to enable oystermen to see, before the period has elapsed
during which appeals may be made to the Circuit Court, that
none of the natural bars have been missed by the survey party.

Since the number of buoys required to mark the corners of
the natural oyster bars in the State will be very large, probably
not less than 3,000, the problem of constructing a buoy which
will be satisfactorily permanent and at the same time not too
expensive for practical use, has been difficult.

The third and fourth class spar buoys used by the Light
House Board for marking channels were first considered as
types of buoys to be adopted for \ise in marking the corners of
the natural bars, but on account of the cost of such buoys
($15.65 and $6.30) the adoption of a different type was found
necessary.

The type of buoy used to mark the corners of the natural
oyster bars in Connecticut was also considered. This buoy
consists of a pine sapling, made fast just below its center, by
means of a rope, to a burlap bag filled with 150 pounds of sand.
Although simple in construction and reasonable in price this
buoy was not adopted by reason of its lack of durability. With
such a buoy marking the corners of the oyster bars in Mary-
land, the continuous services of a special engineer to replace the
buoys carried away by ice and storms would be found neces-
sary.

The two types of buoys adopted by the Commission were
designed by the chief engineer. The plan of the construction of
the larger is shown in figure 9.

The larger buoy (a), is composed of a spar and sinker and a
mechanism df iron for connecting the two. The spars, 20-50

FIG. 10 STATE BUOY IN POSITION.

126 Report of the Board of SheirFish Commissioners

feet in length, are made from cypress 40 saplings and trees. The
^aplings, when the bark has been removed, are allowed to sea-
son. Then the part of each spar which, when in use, will be
"submerged is given a coat of copper paint to protect it against
ship-worms, the upper part being painted white. To the top of"
each spar a flag, made of cotton ducking, with the words
(STATE BUOY), is nailed. 41

The sinker or anchor by which the spar is kept in position is
a concrete block (c, d, e, f,), in which a %-inch iron staple is
embedded. These blocks of concrete are of three sizes weigh-
ing respectively 300, 500 and 800 pounds and are constructed by
the Commission at buoy stations established for this purpose.

The mechanism for connecting the spar to the sinker (g, h,
j, k.), consists of a U-shaped piece of wrought iron, attached
to the lower end of the spar by means of lag screws and bolts 1 ,
and a chain. The sides of the U-shaped piece are flattened to a
thickness of ^-inch and a width of 2-inches, but the middle
part is left round to prevent its being worn by the friction of
the chain. Two sizes of chain are used, *^-inch and %-inch,
with simple split links to join the ends of the chain when it is
passed through the U-shaped iron on the spar and the staple
in the sinker.

The average price of these buoys completed is $2.57 each,
the average cost of the spars, $1.05, that of the sinkers, 92 cents
and that of the connecting part, 60 cents.

Stake buoys are used to mark the corners of oyster bars over
which the depth of water does not exceed 10 feet. They are
made of bull-pine saplings, from which the bark has been
removed. As in the case of the floating spars, the part beneath
the water is painted with copper paint, the upper part painted
white. The lower end is sharpened to facilitate driving or
pumping into the bottom.

4<>Bull pine saplings could not have been used for floating spars on
account of the tendency to waterlog and sink, but such saplings have
been used for stake buoys in shallow water.

4iThese flags have not been used on the buoys placed in waters out-
side Anne Arundel County, the words (State Buoy) having been
branded into the wood near the top of the spar instead.

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128 Report of the Board of Shell Fish Commissioners

ESTABLISHMENT.

When the limits of the natural bars have been ascertained
and the corners have been established by the Commission and
plotted on the projections, buoys, adapted to the depth of water
at each corner, are selected, placed on the scow and taken, by
the launch "CANVASBACK" or the steamer "GOVERNOR
ROBERT M. McLANE," to the places for which they were de-
signed. The exact location of each corner is ascertained by the
chief engineer by the use of sextants, and the buoys are dropped
under his direction.

The work of placing the buoys in Anne Arundel County was
begun in January, 1906, but ice and northerly gales so inter-
fered that it was not completed until May 17.

The total number of buoys placed in Anne Arundel County
is 362, and the number required for marking the corners of the
natural bars in Somerset County is 154.

Very few of the buoys which have been placed thus far have
been moved by ice or storms but, since the life of a buoy which
receives no attention after having been placed, is not longer
than 1-2 years, they will have to be replaced finally and the
services of additional engineers and equipment will be required,
provided this work is not to be allowed to interfere with the
progress of the survey. 42

page 204.

Report of the Board of Shell Fish Commissioners 129

RESULTS OF THE SURVEY OF THE NATURAL OYSTER

BARS.
\

INTRODUCTION.

The description of the survey of the waters of and adjacent
to Anne Arundel and Somerset Counties- is made as brief as is
consistent with completeness and accuracy, by the use of a
statistical form for presenting the facts which lend themselves
to such a method.

The natural oyster bars- of Anne Arundel County are enumer-
ated, and the location and condition of each is indicated in
tables on pages 140 to 144. All bars located in tributaries of
the bay, designated for tonging operations, are enumerated in
the order in which they would be passed by following the coast
line of the county from Rock Point, the northern limit of all
oyster grounds, to Holland Point. The bars located in the bay
designated for tonging operations and those designated for
dredging then follow in the same order.

In enumerating the natural bars in Somerset County, a
similar plan is followed except that the enumeration begins
with those in the most southern section and ends with those
in the section furthest north. The bars designated for tonging
operations are enumerated first ; those for scraping operations
second and those designated fr dredging last.

All facts and deductions of special interest to prospective
lessees of barren bottoms for the purposes of oyster culture,
ascertained during this or previous surveys, are given in the
text.

ANNE ARUNDEL COUNTY.

Areas Designated for Tonging Operations.

Magothy River.
(Chart of Natural Oyster Bars, Nos. 1 and 2.)

Magothy River is a body of water about four miles in length.
Its width at its mouth is not quite a half mile, but it rapidly
expands until in the region of Sillery Bay it becomes two miles

130 Report of the Board of Shell Fish Commissioners

in width. From Sillery Bay to the head waters of the river
the width averages about one mile. Four small tributaries
enter from the south and five from the north. The currents are
tidal in origin and attain a velocity of .17 to .25 mile per hour
in the main channels. Over the oyster grounds which with
one exception are situated near the shore, the observed veloci-
ties ranged from .04 to .14 mile per hour. The density of the
water during the period covered by the survey (November 16-
26) varied from 1.0082 to 1.0114, very little difference having
been noted between the density near the mouth of the river and
that of its head waters. The period 'covered by the survey is
that when the water in this section may be expected to contain
more salt than at any other season of the year. This is due to
the fact that the quantity of fresh water entering the rivers and
Bay is then at its minimum. During the spring the density of
the water is probably as low as T.004.

During the survey of Magothy River, oyster grounds were
surveyed and examined in seventeen localities, but ten of these
were found to be so" depleted as not to yield a livelihood to
tongmen. The area of these depleted grounds aggregated about
one hundred acres. The total area of the seven oyster grounds
which were charted and buoyed as natural bars, is two hundred
and twenty-six acres. The oyster grounds are located on both
sides of the river in a belt parallel with the shore, the average
depth of water over them being about ten feet. Their inshore
boundaries are in a depth of about five feet and the bottom is
hard, but the depth of the off-shore boundaries is about sixteen
feet and the bottom sticky.

Magothy River has long since ceased to be a center for ex-
tensive tonging operations on account of the depleted condition
of the oyster grounds, and hence offers an excellent opportunity
for oyster culture on a limited scale. There are probably
three hundred acres of bottoms on which oysters can be success-
fully grown from planted seed* 3 and the difficulty of protecting
private oyster grounds is probably less in this river than in any
other section in Anne Arundel County.

43See page 182.

Report of the Board of Shell Fish Commissioners 131

White Hall Creek.
(Chart of Natural Oyster Bars, No. 2.)

White Hall Creek, situated adjacent to Annapolis Koads be-
tween Hackett and Greenbury Points, is in reality a small bay,
having an area of about one square 1 mile, into which three
creeks enter from the north. It contains two small bars having
an area of forty-six and six acres, respectively, and a Small part
(110 acres) of a large bar, the greater part of which is located
in the adjoining section. The off-shore boundaries of these
bars are covered by water eight to fifteen feet in depth, but the
in-shore boundaries of each follows the six-foot curve. The
greater part of the oyster-producing bottoms is composed of
hard sand, but as the central part of the section is- approached
the sand becomes mixed with an increasing proportion of mud
until the bottom becomes loose and soft. The density of the
water over the northern part of White Hall bar was 1.0036 on
August 6, 1906, but on December 11 it had increased to 1.0108.
No observations on the velocity of the currents were made in
this section.

The barren bottom which can probably be made productive is
situated between the natural bars and above Sand Spit bar and
aggregates about fifty acres. This includes about ten acres of
the oyster ground just north of White Hall bar which was
found to be too depleted to be included as a part of this bar.

Severn River.
(Chart of Natural Oyster Bars, No. 2.)

The oyster-producing part of Severn River terminates at a
point at the head of Round Bay about eight miles above the
mouth of the river as established by a line connecting Green-
bury and Tolly Points. The river at its mouth, as above de-
fined, includes a part of Annapolis Roads and is about two
miles wide, but from Annapolis to Round Bay its average width
is about one-half mile. A chain of natural oyster bars, twenty-
four in number, aggregating an area of 989 acres, occupies prac-
ticallv all of the bottom on both sides of the river between the

132 Report of the Board of Shell Fish Commissioners

six-foot curve near the shore and the eighteen-foot curve near
the main channel. Were it not for the muddy channels of 'the
numerous creeks, tributary to the river, the oyster-producing
area would form a continuous belt on both sides of the main
channel. No observations of the rate of flow of currents were
made, but from the fact that all of the oyster grounds which are
well covered with clean shells received a good catch of spat dur-
ing the seasons of 1905-1906 and 1906-1907, a rapid movement
of the water may be inferred. The density of the water during
July was 1.0036-1.0048, but it gradually increased to 1.011 in
December. During the following March the density had fallen
to 1.0096, the spring rains having begun to affect it.

Ten parcels of ground located in the oyster-producing area,
varying in size from two to seventeen acres, aggregating an
area of seventy-five acres, were found in a condition too de-
pleted of both oysters and shells to be charted and buoyed as
natural bars or parts of natural bars. In addition to these
exhausted oyster bottoms, there are probably about one hun-
dred acres of ground in Severn River which may be made to
produce oysters by first planting shells to harden the bottom
and then planting seed oysters.

South River.
(Chart of Natural Oyster Bars, No. 3.)

In area, extent and natural features the oyster-producing
section of South River is very similar to that of Severn,
although about two miles less in length. Seven tributaries
enter the river from the south and nine from the north, the
channels of which are mainly responsible for the division of itlie
oyster-producing belts into eighteen natural bars, eight situated
south of the main channel and nine north of the same. One
large natural bar, located in the mouth of the river where the
channel becomes less definitely defined, extends from shore to
shore. Small parts of two other large bars extend across the
line, from Thomas Point to Sanders Point, marking the
boundary of the mouth of the river, but for convenience in de-
scription these bars are considered to be in the Bay. The total

Report of the Board of Shell Fish Commissioners 133

area of the natural bars is 1,459 acres. Their in-shore bound-
aries are usually located in water from four to six feet in
depth over a bottom composed of hard sand. The bottom
gradually becomes softer, as the depth of water increases, until
the off-shore boundaries of the bars are reached on bottoms
composed of very soft mud in water from twelve to eighteen
feet in depth. The width of the oyster-producing bottom seems
in most, cases? to be determined by the extent of bottoms hav-
ing the consistency required to support oysters or shells- at or
near its surface. The observed velocities of currents in the
main channel near the mouth of the river varied from .12 to
.48 mile per hour; over the oyster bars from .09 to .17 mile per
hour. The density of the water during the period covered by
survey (September 19-October 12) varied from 1.006 to 1.0108
near the mouth of the river and from 1.005 to 1.009 in the head
waters.

Thirteen small areas of surveyed bottom, ranging in extent
from 1.6 acres to 20 acres, aggregating a total of 95 acres, were
found too depleted of oysters or shells to be included with the
natural bars. In addition to this area, there are about 100
acres of bottom in South River which could be utilized for the
purposes of oyster culture.

Rhode River.
(Chart of Natural Oyster Bars, No. 3)

Rhode River is a small stream two and one-half miles in
length and one-fourth to one-half mile in width. Four tribu-
taries enter it from the north and one from the south. The
natural oyster bars in the lower part of the river have loca-
tions with reference to the shore line similar to those in the
rivers previously described, but the bars in the upper part, due
to the presence of islands, seem to be arranged promiscuously.
The natural bars, ten in number, aggregating a total area of
109 acres, are all small, varying in extent from four to nineteen
acres, and, with two exceptions, they were found to be in a
very unproductive condition. The bottom in most of the places
examined is very soft and muddy. Firm sandy bottoms

134 Report of the Board of Slicll Fish Commissioner*

found on Cheston Point and on High Island bar the bot-
tom was found to consist of coarse gravel to which an abundant
catch of spat was attached. The depth of water over the bars
ranged from six to twelve feet. Observations of the rate of
flow of the currents at the time when the water flows fastest
are lacking, but a velocity greater than .25 mile per hour is
probably not developed. Over the natural oyster bars in the
vicinity of the islands currents were observed having a velocity
of .047 to .09 mile per hour.

Five parcels of surveyed bottom, aggregating an area of 14.5
acres, were thrown out as not sufficient in value to tongmen for
charting and buoying as natural oyster bars. The bottoms in
Rhode River which are available for lease are not recommended
for oyster culture.

West River.
(Chart of Natural Oyster Bars, No. 3.)

West River is also small, being 2.5 miles in length and .60
mile wide at its mouth. It receives seven tributaries, five of
which enter from the north and west. The natural oyster bars,
five in number, containing an area of 132 acres, are situated in
water varying in depth from four to twelve feet. The oyster-
bearing bottom is composed mainly of sand, although soft mud
is found near the off-shore limits of the bars. One small bar
near the mouth of the river has a soft muddy bottom and is
"lumpy." The currents in West River are very sluggish, no
velocity having been observed over oyster grounds greater than
.09 mile per hour. The density during October varied from
1.004 to 1.0078.

Grounds, either containing oysters in quantities too small or
of .areas too small to be classed as natural bars, aggregating
nine acres, were found in the upper part of the river. In addi-
tion to this ground, there are about seventy-five acres of barren
bottom suitable for oyster culture.

Report of the Board of Shell Fish Commissioners 135

Herring Bay.
(Chart of Natural Oyster Bars, No. 4.)

Herring Bay, as bounded by a line connecting Parker Point
(near the mouth of Weem Creek) and Holland Point, covers an
area of 2,334 acres, of which 907 acres are natural oyster bars.
Holland Point and Long bars are considered in this report,
however, as situated in the Bay, and after excluding the parts
of these bars which extend into Herring Bay, the total area of
natural oyster bars in the section under consideration is re-
duced to 439 acres. This includes 99 acres which, by an order
of the Court, dated Sept. 21st, has been added to the natural
bars of Herring Bay, in response to an appeal by oystermen
against the decisions of the Commission and in accordance with
the results of a re-survey made by the Commission, on August
15 and 16, 1907, assisted by three local representatives, one of
whom was appointed by counsel for the plaintiffs to accompany
the Commission during the re-survey. All but twenty-eight
acres of the oyster ground thus added to the natural bars had
never been covered by the original survey, due to an oversight
on the part of the local assistant.*

The natural bars of Herring Bay cover a considerable area of
soft muddy bottom, the largest bar being located near and in
the channel. Near the shore the bottom is hard and sandy.
The density of the water during October, 1906, was 1.012 and on
the 15th and 16th of August, 1907, it was 1.0068. The density
of the water in this region probably fluctuates from about 1.005
during the spring to about 1.013 during the dry seasons of the
year. Observations on the velocity of currents have been too
few to yield reliable results.

There are probably ninety acres of barren bottom in Herring ,
Bay which are suitable for oyster culture.

Chesapeake Bay and Annapolis Roads.
(Charts of Natural Oyster Bars, Nos. 1, 2, 3, and 4.)

The waters- contiguous to Anne Arundel County contain six-
teen natural oyster bars designated for tonging operations

*Seepage 204.

136 Report of the Board of Shell Fish Commissioners

which vary in size from 158 to 3,510 acres and which aggregate
an area of 15,992 acres. A nearly continuous belt of oyster-
producing ground is formed by these bars which extends from
a point just below the mouth of Magothy River to Holland
Point and from the six-foot curve* near the shore to, or near to,
the thirty-foot curve. Some of the bars lie in coves or behind
points- of lands where they are sheltered, while others extend
far out into the open Bay. The in-shore bars are covered -with
water varying in depth from six to about eighteen feet, but
those located in the open Bay usually extend into water having
a depth of thirty-five feet, 44 and in the case of Sandy Point,
North, bar, and Tolly Point bar, oysters were found to be
abundant on bottoms covered by water thirty-eight and forty
feet in depth, respectively.

No general description of the bottom on which the oysters
grow in the Bay can be given. On some bars sandy bottoms
prevail, but large areas of sticky or soft mud, gravel, clay and
fullers earth are found. The bottoms located in very deep
water are, without exception, composed of very soft mud and
on such bottoms oysters grow in lumps.

Observations on the velocity of currents were made in various
localities with results as shown in the table below. These
observations were made at a sufficient distance from shore to
get maximum velocities. The rate of flow gradually diminishes
as the shore is approached until very near -the bank, it becomes
too slow for measurement except opposite points of land.

Sandy Point, North bar 28 mile per hour.

Sandy Point, South bar 75

Under The Gums bar 35 " " "

Thomas Point, North bar 42 " " "

Thomas Point, South bar 65 " " "

Old Woman bar 48 " "

Saunders bar 62 " "

Lulus bar 92 "

Three Sisters bar.. 92

4*See page 50, footnote.

Report of the Board of Shell Fish Commissioners 137

The density of the water over the natural oyster bars in the
Bay varied during the period covered by the survey, July 20 to
December 12, 1906, from 1.004 to 1.0122, over Sandy Point,
North bar, and from 1.0066 to 1.0122 over Holland Point bar.
For short periods during the spring the density over the entire
part of the Bay adjacent to Anne Arundel County probably
falls to a point as low as 1.003, perhaps lower.

Three large areas of barren bottom form gaps in the belt of
natural oyster bars at the following places : one of about 1,000
acres between HacJcett Point and Tolly Point bars ; one of about
500 acres between Tolly Point, Under the Gums and Thomas
Point, North, bars, and one of about 500 acres between Bay
Shore, Long and Holland Point bars. These bottoms, although
soft, can be readily hardened with shells. At certain stages of
the tide the currents run over them with high velocity and the
density of the water over them never'falls to a point low enough
to kill oysters. During the spawning season an abundant sup-
ply of oyster fry, from the oysters on the bars both above and
below, is daily carried over each of the barren bottoms under
discussion, and there is good reason to believe that if planted
with shells th^se barren bottoms would produce each year more
than enough seed oysters to plant all of the barren bottoms in
the county which are adapted for growing marketable oysters
from seed.

Areas Designated for Dredging Operations.

Chesapeake Bay.
(Charts of Natural Oyster Bars, Nos. 1, 2 and 4.)

Six large natural oyster bars, covering an area aggregating
14,278 acres, are designated for the use of oystermen who catch
oysters by means of dredges. Five of these are located in the
upper part of the waters of the county between a point near the
Seven Foot Knoll Light House and a point about .75 mile north
of Sandy Point Light House, the other in the southern section
of the county between Three Sisters and Long bars.

These bars, with the exception of the "Lumps" (an area east
of the Craighill Channel charted and buoyed to contain 7,548

138 Report of the Board of Shell Fish Commissioners

acres), have their in-shore limits located near the shore in water
as shallow as six feet. The off-shore boundaries of those
situated above the mouth of the Magothy River are limited by
a line 500 yards from the .center of the Craighill Channel.
Oysters grow nearer this channel than 500 yards, but dredging
for oysters nearer the channel than this is prohibited by law.
The off-shore boundary of Outer Magothy bar lies in water
varying in depth from six to thirty-five feet and that of Bay
Shore in depths of from twenty-five to thirty feet.

Hard sandy bottoms characterize the parts of the bars which
lie near the shore, but very soft mud is found on the off-shore
areas of all. The oysters on the hard bottoms grow singly and
are fairly evenly distributed, but on the mud the oysters grow
in "lumps" and are bunchy.

The oyster ground known as the "Lumps" although covering
a very large area, has in reality a comparatively small area of
oyster-producing bottom. It is lumpy throughout, the lumps
(patches of oysters) varying in size from a few square yards to
about fifteen acres. Between the lumps large areas of very
soft barren mud are found. The total area of oyster-bearing
bottom on the "Lumps" probably does not exceed 400 acres and
this is being gradually diminished by the deposit of a finely
divided ooze from the debris dredged from the Craighill Chan-
nel and dumped over the eastern section of the lumps. During
the survey empty shells and mud boxes were brought up at
several of the examination stations from several inches below
the surface of the bottom, the oysters having recently been
smothered by the deposited material.

The velocity with which the water flows over the oyster bars
is shown in the table which follows :

Bodkin Point bars 85 mile per hour.

Mountain Point bar 81 " " "

The Lumps bar 95 " " "

Outer Magothy bar 28 " " "

Bay Shore bar 24 to .92 mile per hour.

The density of the water varied during the period covered by
the survey from 1.008 to 1.012 over the Bodkin Point bars and
the "Lumps" and from 1.010 to 1.012 over Bay Shore bar. Over

Report of the Board of Shell Fish Commissioners 139

the "Lumps" the water probably becomes almost fresh at times
during the spring and the density on the other bars at such
times is no doubt very low.

Barren bottoms were found in three places: Between Eock
Point and Bodkin Point, about 1,224 acres, or which 224 acres
have recently become exhausted of oysters; between Bodkin
Point, North, and Bodkin Point, South, bars, 119 acres; and
between Bodkin Point, South, and Mountain Point bars, 984
acres. The bottoms above Bodkin Point are not recommended
for oyster culture, but there are about 1,200 acres south of this
point which could be made valuable by cultivation.

140 Report of the Board of Shell Fish Commissioners

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144 Report of the Board of Shell Fish Commissioners

Estimate of Total
Number Bushels
Marketable Oysters
on Bar

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Report of the Board of Shell Fish Commissioners 145

SOMERSET COUNTY. 45

Areas Designated for Tonging Operations.
Pocomoke Sound.

The oyster-producing section of Pocomoke Sound, belonging
to the State of Maryland, extends along about twelve miles of
coast line from Williams Point to Cedar Straits and, in its
widest place, is about two miles in width. A continuous sup-
ply of fresh water enters this section from one only of its
several tributaries, the Pocomoke River. The tide has a mean
rise and fall of about 2% feet, with a maximum of about 4^/2
feet, and is the chief source of the currents which flow over the
oyster bottoms. The rate of flow over the natural bars was
observed at the examination stations during the period covered
by the survey of the section (May 29- June 27) at stages of the
tide when the flow is swiftest. Near shore the observations
show that currents are never swift, but that a gentle "set" of
the water takes place with the tide. In the shallow water about
half way between the shore and the Maryland-Virginia Line a
maximum flow of about .30 .mile per hour takes place. Near
the State Line the maximum flow is from .68 and .79 mile per
hour. Currents as swift as these were not observed in 1878, 46
but the difference in result is no doubt due to difference in
method and time of observation. The table below gives the
minimum and maximum densities of the water observed over
the natural bars.

Minimum Tempera- Maximum Tempera-
Date. Name of Bar. Density. ture. Density. ture.

6:27 Kitts Creek 1.0074 80 1.008 80

5.296:17 Marumsco 1.008 66 1.0109 73

5:17 Gunby 1.0113 71 1.0118 70

5:30 Long Point 1.009 66 1.0092 65

5.29,30 Watkins 1.009 66 1.0101 65

5:30.. ..Stone . . 1.0094 66 1.0098 66

^charts showing the location of all natural oyster bars and crabbing
bottoms in the waters of Somerset County, the triangulation stations on
shore and the lines bounding Somerset County waters and the waters
adjacent thereto opened for leasing with Somerset County, will be pub-
lished on or about February 1, 1908, by the Coast and Geodetic Survey,
page 37 of Winslow's Report.

146 Report of the Board of Shell Fish Commissioners

Water deeper than twelve feet was found on none of the
natural bars and no oyster ground extended beneath water
shallower than four feet, the average depth being about eight
feet. The oyster-producing bottoms are in the main composed
of a mixture of sand and mud and are sticky or hard, but
patches of hard sand, gravel, clay and soft black mud were
found. In the soft bottoms clams abounded and a considerable
quantity of sponge was observed attached to the shells on the
bars in the western part of the sound.

Bottoms in nine localities, covering an area of 1,965 acres,
having been pointed out by the local assistant as oyster pro-
ducing, were surveyed and examined by the Commission. Of
this area, 1,478 acres were found in a condition such as to come
within the adopted definition of a natural oyster bar and was
charted and buoyed as such. The remaining area of 487 acres
was not charted and buoyed as natural oyster bars, it being too
depleted of oysters to yield a livelihood to tongers and too
depleted of shells to afford a basis for the attachment or spat in
the future.

The natural oyster bars which existed in this section in 1878
covered' an area of 7,296 acres, according to the survey made by
Lieutenant Winslow, and are described on page 33 of the report,
referred to on page 33, under the title "Pocomoke Beds." The
local names by which the separate bars are known have so
changed since 1878 that it is difficult to identify the bars which
now exist with those surveyed by Lieutenant Winslow. This
change in name is evidence which bears out the results of the
survey just "completed and shows that profound changes have
taken place in the oyster-producing areas of Pocomoke Sound
since 1878. During the interval of twenty-seven years between
the two surveys 5,809 acres of oyster-producing bottoms have
become so exhausted as to no longer afford a livelihood to tong-
ers. To 487 acres only of this once productive but now ex-
hausted oyster ground has any claim been made by oystermen
and this claim is based, not upon the plea that the ground still
produces oysters, but that it is valuable clamming bottom, a
claim which the Shell Fish Commission has no authority to
consider.

The continuous depletion and exhaustion of the natural bars
which has taken place in Pocomoke Sound since 1878 at the

Report of the Board of Shell Fish Commissioners 149

average rate of 215 acres per year has an important bearing
upon the criticism which has been made of the method used by
the Commission in determining the status of oyster grounds:
It is claimed that such grounds as are not in a condition at the
time they are surveyed to yield a livelihood will, if left alone,
soon become restocked by nature and should therefore be
charted as natural bars. This is sometimes true, and when the
condition of a depleted oyster ground is found to be such at
the time of its survey as to indicate the probability of future
productiveness, it is- the rule of the Commission to chart the
same as a natural bar; but the history of the oyster grounds
of Pocomoke Sound shows that as a rule depleted oyster
grounds have not become restocked when left alone, but that
they hava gradually become more and more exhausted until all
trace has been lost of even the names by which they were
once known.

It is true that depleted oyster grounds fluctuate slightly from
year to year in the quantity of oysters they produce, but the
history of the oyster grounds of Pocomoke Sound indicates that
the condition of a depleted ground after each succeeding im-
provement is not quite so good as the condition after former
improvements and that each succeeding depletion is a little
more extensive than former depletions.

The barren bottoms subject to lease in Pocomoke Sound for
oyster culture cover an area of, about 6,000 acres, of which
about 500 acres are now under successful oyster cultivation.
There can be no doubt of the fitness of these bottoms for oyster
culture since they once produced oysters naturally. The
physical and biological condition which exists now in the sec-
tion are probably the same as in former years with the excep-
tion of the condition of the bottom. Lots in Pocomoke Sound
can probably be stocked with oysters by planting shells at the
proper time during the seasons favorable to the setting of spat,
but the greater part of the bottom is more favorably located for
growing oysters from seed transplanted from other sections.

Crabbing bottoms, covering an area of 2,880 acres, have been
excluded from lease for oyster culture. They occupy the
greater part of the territory between the coast line, from Apes
Hole Creek to, and including, Cedar Straits, and the Maryland-
Virginia boundary line.

150 Report of the Board of Shell Fish Commissioners
Little Annemessex River.

Natural oyster bars have not existed in the Little Anne-
messex Kiver within recent years, none having been charted by
Lieutenant Winslow in 1878. Oyster bedding and planting
have been carried on in the river to a considerable extent, how-
ever, and 82 lots, covering about 400 acres, leased under
former law, are now leased for the purposes of oyster culture.
The bottoms from the main channel to the shore line on both
sides of the river, not occupied by private oyster lots, are nearly
all covered with grass and 1,312 acres have been charted as
crabbing bottom. About 100 acres of bottom suitable for oyster
culture yet remain for lease.

Big Annemessex River.

For convenience in description the mouth of Big Annemessex
River is considered to be fixed by the line separating the
grounds designated for scraping (Tangier Sound) from those
in the river designated for tonging. Measured from this line
the part of the river which now produces oysters or which is
adapted for the production of oysters is about seven miles in
length.

The natural oyster bars occupy a large continuous area in the
lower half of the river, five miles in length, averaging about
.75 mile in width, containing 1,212 acres. This area extends-
from the six-foot curve near the shore, on the no.rth, to
and including the main channel of the river in which depths of
twenty feet were noted. The average depth of water over the
bar is about twelve feet. Hard sandy bottoms are found as a
rule on the flats in shallow water, soft muddy bottoms being
confined to the deeper water in and near the channel. Between
these are hard or sticky bottoms composed of sandy mud. In
the channel tidal currents are regularly developed, having a
velocity .5 mile per hour, but over the greater part of the bar
the water seldom flows faster than .25 mile per hour. The
minimum density of the water observed was 1.0088 (August 9),
the maximum 1.0105.

Report of the Board of Shell Fish Commissioners 151

The charts on pages 152 and 153 show the location and extent
of the oyster grounds- as they exist now and as surveyed by
Winslow in 1878. The area which has been depleted since the
date of the Winslow survey, covering 836 acres, practically all
lies on the south side of the main channel of the river opposite
the mouths of Jones and Daugherty creeks.

With the exception of a small strip of shore in the vicinity of
Coulbourns Creek, the entire shore line of the river from Per-
simmon Point is skirted with a strip of grassy crabbing bottom,
varying in width from .15 to .75 mile, containing 2,304 acres.

The bottoms adapted for oyster culture and available for
lease lie : Above Persimmon Point ; in and near the channel from
Persimmon Point to Scott Point; and near the mouth of the
river south of the natural oyster bar. They contain about 1,000
acres, of which about 100 acres are now leased.

75*1 SO'

7S"\50'

75'\SO'

154 Report of the Board of Shell Fish Commissioners

Manokin River.

A line about three miles in length drawn from Hazards Point,
above the mouth 1 of Big Annemessex River, to the southern ex-
tremity of Little Deals Island, is considered in this report .as
marking the mouth of Manokin River, this line having been
established to divide the area in Tangier Sound, designated for
scraping operations, from that designated for tonging opera-
tions in the Manokin River.

The part of the Manokin River adapted for the production of
oysters extends to the mouth of Back Creek, a point about G 1 /^
miles above the mouth of the river. Beginning at this point, a
series of five natural oyster bars covering an area of 4,552
acres, occupies the space in and on either side of the main chan-
nel to the mouth of the river. A sixth bar, Piney Island Swash,
covering 950 acres, is situated in the deeper water below Law's
Thoroughfare and in the channel between Little Deals Island
and Piney Island. This bar is separated from the chain of bars
mentioned above by the very extensive sand bar which extends-
from the vicinity of St. Pierres Island to and below Piney
Island.

Manokin River is the only section in the areas designated for
tonging operations in Somerset County which seems to be in a
better condition at the present -time with reference to its
natural oyster bars- than in 1878. Lieutenant Winslow carried
his survey to St. Pierres Island only, finding about 4,192 acres
of oyster-producing bottom below this point. In the same sec-
tion of the river the Commission in 1907 found 4,482 acres of
natural oyster bar. In the part of the river above St. Pierres
Island, where 1,020 acres of oyster-producing bottoms now
exist, Winslow found a few small rocks of such inconsiderable
area that they were not shown on his charts. Charts 5a and
5b, reproduced on pages 152 and 153, show the approximate
location and extent of the oyster producing bottoms as sur-
veyed by Winslow in 1878 and the Commission in 1907.

Soft or sticky mud forms a considerable part of the bottom
of the oyster bars in Manokin River, not only in and near
channelsf but in the shallower waters as well. There is no
regularity in the distribution of oysters on these muddy bot-

Report of the Board of Shell Fish Commissioners 155

toms, but patches or "lumps" of oysters of various size occur
here and there separated by areas entirely barren. The lumps
are so numerous, however, and so close together that it is not
practical to open the barren areas for lease. A very consider-
able part of the bottom of the large bar, Plney Island Swash,
situated below Law's Thoroughfare, is composed of hard sand.
A continuous belt of hard bottom occurs on the north side of
Marshy Island bar and also along the south side of Drum Point
bar.

The inner boundary of Drum Point and Marshy Island bars
is formed by the middle of the main channel of the river, in
which the depth of water gradually decreases from about twen-
ty-eight feet, at the lower parts of the bar, to twelve feet at their
upper ends. The outer boundary of Drum Point bar is situated
in water from nine to five feet in depth, while that of Marshy
Island bar follows closely the six-foot curve. The average
depth of water over Carmen and Georges bars is about nine feet.
The outer limits of these bars are covered with water from five
to seven feet in depth, while their common inner boundary, the
middle of the channel, is situated in water about twelve feet
deep. Sandy Point bar occupies the area in and on both sides
of the main river channel over which the water was found to
vary in depth from twelve to five feet.

The following table shows the maximum and minimum densi-
ties of 7 the water observed from July 23 to August 28, 1907 :

Maximum Tempera- Minimum Tempera-
Oyster Bar. Density. ture. Density. ture.

Drum Point : 1.0098 81 (F) 1.0088 83

Marshy Island 1.0098 81 1.0086 84

Carmen 1.009 78 1.007 81

Georges 1.0088 78 1.007 82

Sandy Point 1.007 81 1.0062 81

Piney Island Swash 1.010 77 1.0082 81

By reference to the text and tables on pages 27-29 of Win-
slow's Report, it will be noted that the water over the Manokin
River oyster grounds contained considerably more salt during
August and September in 1878 than during July and August,
1907, the maximum density recorded from the "Lower Beds" in

156 Report of the Board of Shell Fish Commissioners

1878 being 1.0152 ; the minimum over the "Upper Beds," 1.0128.
The density of the water in all oyster-producing localities is
influenced by the quantity of rainfall and therefore varies from
season to season and from year to year. During the dry season
none of the eleven tributaries of the Manokin Kiver carries
fresh water in sufficient quantities to atfect the density over the
oyster beds perceptibly, but during the spring or when the
rainfall is heavy the discharge of fresh water from the marshes
is probably large enough to lower the density of the entire
river and the adjacent part of the sound.

Currents having a velocity of from .71 to .62 mile per hour
were observed in the channel ove^ Drum Point and Georges
bars. Two series of observations made in the vicinity of Sandy
Point ~bar during the maximum flow of two tides show that
when the current runs with a velocity of .87 mile per hour in
the middle of the channel it runs but .28 mile per hour near the
edge of the channel and but .09 mile per hour over the mud
flats in a cove near shore. On the opposite side of the river
beyond the channel, but near a point of land which projects into
the river the water flowed with a velocity of .59 mile per hour.

The bottoms which have been designated for crabbing aggre-
gate an area of about 6,058 acres. Beginning at Hazards
Point, on the south side of the river, they occupy a belt along
the shore line to a point just below the mouth of Drum
Point Creek, and a small area along the shore just above the
mouth of Teagues Creek. On the north side of the river, all
the bottom not occupied by natural oyster bars, from the mouth
of Geanquakin Creek to the mouth of the river are crabbing
grounds.

The survey of the oyster grounds and crabbing bottoms of
Manokin Kiver has resulted in opening but a small quantity of
barren bottoms, adapted for oyster culture, for lease; much
smaller, indeed, than was desired by even the oystermen who
depend upon the public oyster grounds and crabbing bottoms
for a livelihood. In addition to the lots leased for oyster culture
under the former law and held under the present law, about
fifty-two in number, the bottoms available for oyster culture are
located ; between the crabbing ground, off the mouth of Cove
Creek, and Drum Point bar ; in a narrow belt extending from

Report of the Board of Shell Fish Commissioners 157

the mouth of Drum Point Creek, between the limits of the
oyster bars and the shore line, to the head of the river ; from
the head of the river above the limits of the oyster bars to the
mouth of Geanquakin Creek. While much of this barren bot-
tom is not adapted for oyster culture, about 300 acres can prob-
ably be made productive.

Nanticoke Sound.

Nanticoke Sound is the name used in this report to designate
the waters below the mouth of the Nanticoke Kiver which are
included between the line 47 fixing the northeastern limit of the
area set aside for scraping operations in Tangier Sound and a
line connecting Nanticoke Point, in Wicomico County, with a
point in Somerset County just below the mouth of Dames Quar-
ter Creek.

The 1,046 acres of natural oyster ground located in the part
of Nanticoke Sound belonging to Somerset County has, for
economy and convenience in marking with buoys, been included
within the limits of three natural bars.

The amount of soft barren bottom which might have been
opened for leasing for oyster culture by buoying separately the
small bars and lumps of which the present Evans bar is com-
posed is not of sufficient area or value to warrant the cost of
maintaining the buoys which would have been required.

The dotted portions on Charts 4a and 4b, reproduced on
pages 158 and 159, give the approximate location and extent of
the natural oyster grounds of this and the section next to be
described, as they were found to exist in 1878 and in 1907. No
depletion seems to have taken place in Halls 48 bar during this
interval. On the other hand, it has improved both in condition
and extent. Above Halls bar, however, a very large part of the
area shown on Winslow's Chart as covered with oysters is
now barren. The total area of the bottom in Nanticoke Sound

47This line runs between the point forming the southwestern extrem-
ity of Clay Island, in Dorchester County, and a point about mid-way
between Haines Point and Halls Point on the Somerset County shore.

^Hall's bar of this report includes the bars described in Winslow's
Report as Horseys and Tylers bars. Rock Creek and Evans bars are a
small part of Winslow's Middleground and Clump Point beds.

160 Report of the Board of Shell Fish Commissioners

and Monie Bay, which was covered with oysters in 1878, as
taken from Winslow's Report, is about 2,208 acres. The total
area in the same territory in 1907 is 1,096 acres.

The bottom on the principal part of Halls bar and a small
part of Evans bar is composed of sand or a mixture of sand
with mud and is hard. Soft muddy bottoms occur on the
greater part of Evans bar, on all of Rock Creek bar and on the
outer and upper parts of Halls bar. Oysters grow in patches
or "lumps" on the muddy portions of the bars, a continuous
growth of oysters being confined to the hard bottoms.

The average depth of water over Halls bar is about 14 feet,
6-10 feet being found over the inner boundary, 19 feet over the
lower end near Haines bar and 15 feet over the outer
limits. Rock Creek bar is covered with water 10 to 13 feet and
Evans bar with water 7 to 9 feet at its inner boundary and from
12 to 20 feet in the channel forming its outer boundary. The
average depth over Evans bar, however, is not more than 12
feet.

The densities of the water over the oyster bars observed
during the survey (September 6 to 13) are given in the table
below.

A wide variation in the density of the water of Nanticoke
Sound probably takes place during the year, due to the fact that
the Nanticoke and Wicomico Rivers flow directly into it.

Maximum Tempera- Minimum Tempera-
Density, ture. Density. ture.

Halls 1.0108 76 1.009 77

Rock Creek 1.0093 77 1.0092 78

Evans 1.009 74 1.0082 74

The mean rise and fall of the tide in Nanticoke Sound was
found to be about 2.5 feet, with a maximum rise and fall of
about 3.5 feet. Currents were observed to run with a velocity
of .77 mile per hour over Evans bar.

No crabbing grounds were found in Nanticoke Sound and no
ground has been leased for the purposes of oyster culture. There
are about 100 acres of barren bottom off the mouth of Rock
Creek which might be made productive.

Report of the Board of Shell Fish Commissioners 161
Monie Bay.

The waters situated east of the line limiting the eastern
boundary of Nanticoke Sound, and south of the line limiting
the mou^h of Wicomico River, are known in this report as
Monie Bay.

The oyster-producing bottoms have been charted as one bar,
containing 50 acres, to which the name of Buoy has been
given. By reference to charts 4a and 4b on page 158, it will
be seen that much of the ground which produced oysters in 1878
is now barren.

All gradations of bottom from hard sand to soft mud are
found in the bar. Hard bottoms predominate, however, and are
much more densely covered with oysters than those which are
muddy. The depth of water pver the bar varies from 9 to 15
feet. The maximum observed velocity of the flow in the channel
was .65 mile per hour. On September 9th, the water had a
density of 1.0072 and on September 13th, of 1.0094. The density
fluctuates considerably with each tide, the ebb from Wicomico
Eiver carrying with it a considerable quantity of fresh water.

On account of the absence of crabbing ground in this bay the
bottom's are available for lease for oyster culture, and 12 lots
leased for this purpose under the former byster culture law are
now in use.

Wicomico River.

A line about three-quarters of a mile in length connecting
the point forming the south-eastern extremity of Wicomico
County with Wingate Point on the Somerset County shore,
limits the mouth of the Wicomico Eiver. Oysters will grow in
the waters of the river to a point near White Haven, about five
miles above the mouth, but no natural bar exists beyond Mt.
Vernon wharf. The section of the river, falling within the
limits of Somerset County, lies below the deep water channel
and contains two natural oyster bars, covering an area of 58
acres. No comparison of the present condition of the oyster
grounds with that in ^878 can be made since the survey carried
on by Lieutenant Winslow did not extend beyond the limits of
Monie Bay.

162 Report of the Board of Shell Fish Commissioners

Wingate bar is situated in and near the channel just above
the mouth of the river on a bottom composed of soft sand and
mud. It is covered with water 7 to 12 feet in depth. Mt.
Vernon Wharf bar occupies a position in the river similar to
that of Wingate bar, but the bottom is composed chiefly of hard
sand upon which there is a thin layer of soft sediment. The
depth of water over the bar varies from 10 to 18 feet.

Currents having a velocity of 1.2 miles per hour flow in the
channel of the river at certain stages of the tides. The density
of the water over Wingate bar, when the tide was high, was
1.0088. A series of hourly observations of the density of the
water over Mt. Vernon Wharf bar made on September 5th and
6th covering two tides shows a wide difference between the
density at low tide and high tide, due to the fresh water brought
down with the ebb. At high tide the density was 1.005, at low
tide, 1.0028.

Some of the barren bottoms in the lower part of the river are
adapted for the growth of oysters, but those in the upper part
which were leased for oyster culture under the former oyster
culture law have not been found sufficiently profitable to induce
the owners to retain them. The growth of oysters in water as
fresh as that in the upper part of Wicomico Eiver is extremely
slow.

Tangier Sound.

All waters situated north of th,e Maryland- Virginia boundary
line, between Cedar Straits and Horse Hammock, and east of
Smiths Island and South Marsh, including the waters of Kedge
and Holland Straits, east of the Somerset County boundary
line, but excluding the waters of the rivers, Sound and Bay
previously described, have been designated by the County for
scraping operations and are therefore considered in this report
as the waters of Tangier Sound.

The oyster bars in this section, 13 in number, aggregate an
area of 12,922 acres. By reference to the table on page 177 it
will be seen that the condition of the natural oyster bars in
Tangier Sound gradually improves as the distance between the
bars and the Maryland- Virginia boundary line increases. The
conditions of some of the bars near the State line is such that

Report of the Board of Shell Fish Commissioners 163

\

the Commission would have been justified in refusing to exclude
them from lease for oyster culture. They were charted and
buoyed, however, as natural oyster bars because of their loca-
tion near Crisfield, the home of hundreds of oystermen, and
because they continue to be resorted to by these oysiermen for
a short period each season. That these bars do not now
produce one-tenth the quantity of oysters of which they are
capable and that their productiveness could be immediately
increased ten fold under private ownership is the opinion of all
parties concerned. There seems to be a general agreement also
that the failure of these grounds to become restocked by nature
is due to the fact that so much of their substratum of shells has
been removed that an adequate amount of clean shell surface
for the attachment of spat is lacking.

The approximate location and extent of oyster grounds in
Tangier Sound as ascertained by the Commission can be seen
by reference to the charts 2b, 3b, 4b, 5b, and 6b reproduced on
pages 164 to 169.

In 1878 the quantity of oyster producing bottoms in Tangier
Sound, according to the survey made by Lieutenant Winslow,
covered about 25,792 acres or nearly twice the area now covered
by natural oyster bars. The approximate location and extent of
these oyster grounds as charted by Lieutenant Winslow, is
shown on charts 2a, 3a, 4a, 5a, and 6a reproduced on the pages
opposite the charts referred to above.

A comparison of the areas of the oyster grounds shown on
these two series of charts by dotted areas indicates that while
depletion of oyster bottoms has taken place to a certain extent
in each of the sections of the Sound, it has been far more exten-
sive in the sections south of a line from Hazard Point to Kedge
Straits and in Kedge Straits, than in the sections above this
line.

The demand for seed oysters by Virginia planters and the
proximity of the oyster bars of the lower part of Tangier Sound
to Virginia waters seem to be the only facts which can account
for the depleted, and in some cases exhausted, condition of the
oyster grounds in the section under consideration.

..-w x -^ '-? T-.T; ?v,> ' , ,
''"',',-' ' ' ' > -'T-; >', ' '

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170 Report of the Board of Shell Fish Commissioners

The Commission has been informed that it has been the
custom of certain dredgers to continue tfo work these oyster
grounds ofter the close of the oyster season, when the police
boats are off duty, for the purpose of supplying Virginia
planters with seed and that the material taken from the
grounds at such times is not culled since the presence of shells
among the oyster is not objected to by planters.

For the depths of water over the natural oyster bars and
barren bottoms in Tangier Sound reference should be made to
the charts soon to be published by the Coast and Geodetic
Survey. (See page 7, footnote.)

Fox Island, Great Rock and Philibys bars form a wide con-
tinuous area on the eastern side of the Sound from the Mary-
land-Virginia boundary to Janes Island Light. Their eastern
limit is situated on hard sandy bottoms in water varying in
depth from 9 feet to 15 feet. Their western boundary extends
into water 20 feet to 36 feet in depth.. Hard sandy bottoms
are found as a rule on the entire area, although patches of soft
muddy bottoms are not uncommon especially on the parts
toward the middle of the Sound.

Harris and Piney Island East 40 bars, situated below the
mouths of Manokin and Big Annemessex Rivers, also form a
continuous oyster producing area. The areas of hard sand and
soft mud are about equal in extent, judging from the character
of the bottom found at the numerous stations. The depth of
water over the bars varies from 11 feet to 29 feet.

Prickley Point* bar lies just below the mouth of Manokin
River on a bottom composed of hard sand in water from 10 feet
to 18 feet in depth. It has been one of the most prolific areas in
the Sound although now much depleted.

Piney Island West is situated west of the large sand bar
which extends southward from Piney Island in the mouth of
Manokin River. Chain Shoal, which lies east of Little Deals
Island, would join Piney Island West but for the narrow chan-
nel which connects the Sound with Piney Island channel. The
greater parts of these two bars are situated on the hard sandy

4Piney Island East and Prickley Point bars were included with the
beds of Manokin River by Lieutenant Winslow.

Report of the Board of Shell Fish Commissioners 171

bottoms on the eastern side of the main channel of the Sound
but they extend to and include some of the soft bottoms in deep
water. The depth of water over their eastern boundary varies
from 6 feet to 12 feet, their western limits being covered 20 to
40 feet.

Mussel Hole, Turtle Egg Island and Mud 50 bars extend in a

broad continuous belt on the western side of the Sound from

i

a point opposite Solomon's Lump Light in Kedge Straits to the
line dividing the waters of Somerset and Dorchester Counties.

The productive area of these bars seems to have been consid-
erably more than doubled since the survey by Winslow in 1878.
The limits of each have been greatly extended both on the
west on the east. The bottom on the middle of the bars
with the exception of a few sloughs is hard and sandy, but
the oysters on the edges both east and west are scattered in
lumps on soft mud.

Old Orchard and Haines Point 51 beds occupy an area on the
eastern side of the Sound from a point just above Deals Island
wharf to the line marking the boundary between Tangier and
Nanticoke Sounds. These beds also have been about doubled in
area since 1878, the process probably having been the same as
that which has so greatly increased the productive area of the
beds on the opposite side of the Sound; scrapers carry shells
and oysters beyond the limits of the bars as they dredge back
and forth over them. The character of the bottom does not
differ from that of the bars on the opposite side of the Sound.
The -depth of water over the inner boundary is from 6 to 12 feet;
that over the outer boundary 20 to 27 feet.

The following tables show the density of the water observed
from June 4th to September 12th, 1907, over each of, the bars:

accordance with information given by the local assistants the
names of Turtle Egg Island and Mud bars are reversed from Winslow's
Report, the name Turtle Egg Island being given to the bar called Mud
by Winslow and vice versa.

siThe names by which Old Orchard and Haines Point bars are desig-
nated in Winslow's Report are Cedar and Drumming Shoal.

172 Report of the Board of Shell Fish Commissioners

Tempera-

Minimum

Tempera-

ture.

Density.

ture.

63

1.012

63

64

1.0118

66

65

1.0116

68

81

1.0094

83

82

1.0088

83

79

1.0094

80

82

1.0094

82

79

1.009

83

76

1.0096

78

78

1.010

76

74
79

1.010
1.0103

7,9
78

77

1.010

77

Maximum
Density.

Fox Island 1.0124

Great Rock 1.0124

Philibys 1.0122

Harris 1.013

Piney Island, East. . . 1.0098

Piney Island, West.. 1.0108

Prickley Point 1.010

Mussel Hole 1.0109

Mud 1.0102

Turtle Egg Island. .. 1.0108

Chain Shoal 1.0104

Cedar , ... 1.0108

Drumming Shoal.... 1.0105

The maximum rate of flow of the currents in Tangier Sound
are as follows: Over Great Rock, 1.09 miles per hour; Piney
Island East and Harris bars, .85 mile per hour; Piney Island
West, .97 mile per hour; Chain Shoal, 1.13 miles per hour;
Mussel Hole, 1.21 miles per hour; Mud and Turtle Egg Island,
.85 mile per hour; Old Orchard, 1.31 miles per hour and Haines
Point, 1.21 miles per hour.

Observations of the tides were carried on from May 27 to
June 29, 1907, at Janes Island Light, from June 16 to August
30, 1907, at Solomons Lump Light and from September 5 to
September 30, 19.07, at Great Shoals Light. While the object
of the detailed results of these observations was for use in
reducing the soundings made during the survey to the level of
mean low water, some of the facts obtained are of general in-
terest and are given below:

Janes Island

Light.

Maximum range of tide.... 3.6 feet
Mean range of tide 2. feet

Solomons Lump Great Shoals
Light. Light.

2.8 feet 3.4 feet

1.8 feet 2.5 feet

Crabbing grounds aggregating an area of 15,944 acres have
been excluded from lease in this section. They are situated
in the following five localities : Around Smith's Island and in
its various coves, creeks and thoroughfares; around South
Marsh and in its coves, creeks and thoroughfares ; west of Haz-

Report of the Board of Shell Fish Commissioners 173

ards Point between the mouths of Big Annemessex and Mano-
kin Elvers; south and west of Little Deals Island and west of
Deals Island.

In Tangier Sound there are not less than 12,800 acres of
bottom well suited to oyster culture not occupied by either
natural oyster bars or crabbing grounds. This bottom in-
cludes about 5,200 acres pointed out for survey and examina-
tion by the local assistant, but which upon examination were
found not sufficiently productive to be classed as natural oyster
bars and about 7,600 acres of bottom not pointed out by v the
local assistant for survey and examination but which was in-
cluded by Lieutenant Winslow in 1878 with the oyster produc-
ing areas of the Sound. The latter bottoms although productive
in 1878 have long since ceased to yield oysters.

Practically all of these barren bottoms are situated south
of a line drawn from the southern extremity of South Marsh
to the southern extremity of Little Deals Island, no depletion
having taken place in the oyster grounds north of said line.

In addition to the above mentioned exhausted oyster bottoms
there are hundreds of acres of ground in the Sound which have
never produced oysters so far as is known, but which could by
proper treatment be made productive.

Chesapeake Bay,

The part of the Chesapeake Bay adjacent to Somerset County
which has been surveyed and which will be opened for lease
with said county, lies west of Smiths Island and Kedge Straits.
It is limited on the south by the Mary land- Virginia State line ;
on the west by a line connecting Smiths Point, on the western
shore just below the mouth of the Potomac Eiver, with spar
buoy "16," situated near the middle of the Bay about two
miles north of a line connecting Holland Bar Light with Point
Lookout Light; on the north by a line connecting spar buoy
"16" with Holland Bar Light, and connecting Holland Bar
Light with the nearest point of the Somerset County boundary
line.

The oyster grounds pointed out by the local assistant in this
vast area were but five in number. Their survey was conducted

174 Report of the Board of Shell Fish Commissioners

from the Steamer Governor R. M. McLane, it being considered
unsafe to undertake to run sounding lines in such bold waters
so far from harbor with the Launch Canvasback. Owing to the
difficulties under which this work was carried on, the number
of lines across each oyster ground is not as great as might be
desired, but they are sufficiently close together to enable the
outlines of the oyster producing areas to.be fairly accurately
drawn.

Four of the grounds surveyed, covering an area of 5,458 acres,
were found to be in a condition sufficiently productive of oysters
to be placed in the category of natural oyster bars, but the
remaining ground was so depleted that four oysters only were
taken at 16 stations, five of which were examined with a dredge.
No shells whatever were found at five of the places examined
and but 17 shells at the remaining 11 stations.

Lieutenant Winslow did not carry his survey in 1878 far
beyond the mouth of Kedge Straits and it is therefore not
possible to compare the present condition of the dredging
grounds in the section under consideration with their former
condition.

In a section so located a very great fluctuation probably takes
place in the condition of the oyster grounds from year to year.
Shells completely covered at one time during storms may
be again brought to the surface during succeeding storms and
when again exposed quickly secure an abundant set of young
oysters because of the conditions unusually favorable in the
Bay for securing a set of spat.

The bottoms on Church Creek, South West Middle Ground
and Kedge Straits bars are composed almost entirely of sand,
and such bottoms are often shifted during storms especially in
places- depleted of shells arid oysters. The bottom on the part of
Oyster Creek bar nearest South Marsh is composed of sticky
mud, but sandy bottoms are found on .the off shore parts.
Church Creek and South West Middle Ground bars lie west of
Smiths Island, the first at a distance of about one mile,* in
water varying in depth from 15 to 22 feet, the second about 3.5
miles, in water 13 to 36 feet deep. Kedge Straits bar is situated
about one-half mile southeast from Holland Bar Light, in water
from 14 to 20 feet deep. Oyster Creek bar, a part of which

Report of the Board of Shell Fish Commissioners 175

extends into the waters of Dorchester County, lies between
Kedge Straits bar and South Marsh. It is covered by water
from 7 to 19 feet in depth.

A limited number of observations on the velocity of the cur-
rents show that the water flows over these bars at certain stages
of the tide at the rate of from .75 mile to 1.0 mile per hour.
The density of the water during the month of June was : over
Church Creek bar, 1.008; South West Middle Ground, 1.0078-
1.012; Kedge Straits, 1.008-1.0084; Oyster Creek, 1.0078.

During the summer the density gradually increased to 1.009
in August (over Oyster Creek bar), and during September to
1.0114 between Kedge Straits and Church Creek bars.

There are no grounds in this section of the Bay on which
scraping for crabs is carried on.

The vast area of barren bottoms which are open for lease in
the Bay are especially adapted for the production of seed
oysters. (See page 182.)

176 Report of the Board of Shell Fish Commissioners

Estimate of Total
Number Bushels
Marketable Oysters
on Bar

8061-1061

JO aOSB9g

Areas Designated for Tonging Operations
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Report of the Board of Shell Fish Commissioners 177

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178 Report of the Board of Shell Fish Commissioners

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on Bar

806l-i06I

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Report of the Board of Shell Fish Commissioners 179
OYSTER CULTURE.

INTRODUCTION.

Development Gradual.

An industry in oyster culture such as is desired by advocates
of the Haman Oyster Culture Law cannot be developed in a day.

The prejudices against oyster culture of those who depend
upon the natural oyster grounds for a livelihood must be
removed by demonstrating that an industry in planting on the
barren bottoms need in no way interfere or conflict with the
existing industry on the natural oyster bars, but that the two
industries can be made to thrive independently side by side;
that a demand for oysters throughout , the Middle West can be
easily developed, when the means of supplying it are at hand,
such that the price of oysters will not be seriously affected by
increasing the output from the Chesapeake many-fold but that
the market, when thus enlarged will be more stable than under
the present limited supply.

The interest of men with the necessary ability, energy and
capital must be enlisted in the industry by demonstrating to
them that the barren bottoms opened for lease by the State
for the purpose of oyster culture are, when rightly managed,
a valuable investment; that the present policy of the State to
encourage oyster culture is not to be altered but that it is the
determination of the State to grant every privilege and safe-
guard essential to the success of oyster culture not detrimental
to the existing industry on the natural bars.

Time will be required to eliminate the prejudices which now
hamper the development of the industry and to inspire such
confidence in it as is necessary to place it upon a satisfactory
basis.

Oyster Culture in Rhode Island.

In this connection it is interesting to consider the history of
the now thriving and revenue producing industry in oyster cul-
ture in Rhode Island, an epitome of which is contained in the

180 Report of the Board of Shell Fish Commissioners

table herein reprinted from the annual reports of the Commis-
sioners of Shell Fisheries of the State. This table shows the
gross receipts to the State for rent of oyster ground each year
since the establishment of the office of the Commissioners of
Shell Fisheries. It is seen from this table that the industry
in oyster culture in Rhode Island did not become self-sustaining
for several years, the expense of maintaining the Commission
averaging about $4,000 per annum, but- that its importance as
a revenue producer steadily increased from the date of its
establishment to the present time, 43 years after. The possi-
bilities for oyster culture in a single one of the tidewater
counties of Mjaryland are as great as those in the entire State
of Khode Island, but these possibilities are latent and will re-
quire time and labor for their development.

RECEIPTS FOR RENT OF OYSTER GROUNDS.

The following table shows the gross receipts to the State
(Rhode Island), each year for rent of oyster grounds since and
during 1864 at which time this office (Commissioners of Shell
Fisheries), was established:

1864 $61.00

1865 737.72

1866 661.27

1867 1,568.50

1868 1,814.40

1869 1,949.15

1870 1,527.65

1871 .'. 2,186.63

1872 2,772.95

1873 4,483.88

1874 4,997.00

1875 5,276.00

1876 5,300.00

1877 6,045.25

1878 6,582.90

1879 7,860.00

1880 8,190.00

1881 9,333.00

1882 9,850.00

1883 10,312.00

1884 10,757.00

1885 11,920.00

1886 '. 10,433.00

1887 8,648.00

1888 ' 7,614.00

1889 9,997.00

1890 5,616.20

1891 12,595.70

1892 6,731.55

1893 6,491.25

1894 6,675.55

1895 6,509.00

1896 6,569.57

1897 ;... 7,016.74

1898 ; 7,690.00

1899- 13,558.46

1900 20,973.08

1901 25,767.38

1902 36,843.96

1903 ! 42,160.02

1904 44,499.25

1905 47,082.26

1906 (estimated)... 59,305.56

Report of the Board of Shell Fish Commissioners 181
Foundation of Prejudice Against Oyster Culture.

One of the deepest prejudices which exists at the present time
among oystermen in Maryland against oyster culture can be
traced directly to the failure of planters hitherto to recognize
the natural division of labor which exists in oyster culture and
the biological and physical conditions upon which these
divisions depend.

Under the Five Acre Law many lots 52 were taken up for the
purpose of oyster culture and the owners in many cases set
about planting shells to secure a catch of seed oysters.

The lots taken up under this law were usually located on
inshore areas in rivers whose waters do not flow swiftly and
were not therefore adapted to securing a set of seed oysters to
planted shells, although usually well adapted for growing
oysters from planted seed. These planters from their continued
failure to get satisfactory results by planting shells became
convinced that oyster culture on barren bottoms is a failure
and that the natural bars are alone adapted for producing
oysters. This opinion being generally held among planters has
convinced oystermen that planters do not want the barren
bottoms and that this latest effort on the part of the State to
encourage oyster culture is really an attempt to open the
natural bars to lease.

Everyone should be convinced that some barren bottoms
can be so managed as to produce oysters of a quality as fine and
in quantities as great as the natural bars, by study of the condi-
tions under which oyster culture is now thriving on the barren
bottoms of other States. In Connecticut at the present time
the amount of bottom under successful oyster cultivation^ ten
times as great as the total area of the natural bars of the State,
and in Khode Island there is an even greater difference between

52The use to which the greater number of the lots taken up under the
Five Acre Law have been put is that of bedding oysters, an industry
showing commendable enterprise and thrift on the part of oystermen,
but one not to be classed as oyster culture. The object in bedding
oysters is not to increase the number of oysters in the State, but to
provide a convenient place to keep the oysters taken from the natural
bars until they can be advantageously placed upon the market.

182 Report of the Board of Shell Fish Commissioners

the area of planted barren bottoms and the natural bars. Oys-
ter culture has been successfully developed in the barren bot-
toms in these States because after long experience and study,
planters have learned to determine the purpose to which each
barren bottom is especially adapted and have ceased to attempt
to produce seed oysters on bottoms which are not suited for this
branch of the industry. Had this fundamental fact been recog-
nized; by the Five Acre planters of Maryland, they would not
have so underrated the value of the barren bottoms of the
Chesapeake and its tributaries, and then the oystermen would
not have had impressed upon them the entirely mistaken
notion that oyster culture practically means the transfer of
natural bars to private ownership. The object of the Haman
Oyster Culture Law is to preserve the natural bars as well as
to bring the barren bottoms under cultivation, thus greatly
extending the industry and the opportunities of employment it
affords.

BRANCHES OF OYSTER CULTURE.

In order to successfully develop an industry in oyster culture
under the Haman Oyster Culture Law the mistakes which
hitherto hindered its development must be avoided. The exist-
ence of the division of labor in oyster culture, referred to above,
must be recognized and measures must be taken for putting
this fact into practical application.

At least two distinct branches of the industry exist, each
requiring different conditions for its best development and a
third branch is sometimes recognized; the production of seed
oysters; the growing of marketable oysters from seed and the
fattening of matured oysters.

Seed Oyster Production.

By Section 111 of the Haman Oyster Culture Law provision
is made for setting aside certain natural oyster bars from April
15 to May 15 for the purpose of supplying seed oysters to plant-
ers who have leased barren bottoms for growing oysters. By
such provisions as this other States provide for the stocking of

Report of the Board of Shejl Fish Commissioners 183

private oyster grounds than the natural bars, and in following
the same plan Maryland runs no risk in injuring the industry on
the natural bars so long as the natural bars which are desig-
nated for supplying seed oysters for planting purposes are those
only on which oysters do not as a rule grow to marketable size,
but by so doing the risk is run of retarding and perhaps alto-
gether preventing the development of one of the most lucrative
branches of oyster culture, that of the production of seed
oysters. Section 111 should not be repealed however until
bottoms suitable for the production of seed oysters have been
leased, and the Commission has recommended 53 that the
"Lumps" near the head of the Bay be designated by special Act
of the Legislature for supplying seed oysters to planters during
the next two years.

Seed oysters obtained from natural bars are in every way
inferior for planting purposes to those grown on private
grounds and this fact is recognized by planters everywhere.
Seed oysters from natural bars vary greatly in both age and
size; with the vigorous, young oysters there is always a cer-
tain per cent, of large oysters and old ones which are small
because of stunted growth. These are usually very slow in
adapting themselves to new conditions and are not therefore
fit for planting.

Seed oysters produced on barren bottoms are of uniform age
and size and can be transplanted at a period when they suffer
least from the shock of rough handling and when the greatest
increase due to subsequent growth is secured to the planter.

EXPERIMENTS.

Believing that the success of the Haman Oyster Culture Law
depends largely upon the early development of an independent
industry in seed oyster production and that the special value of
the barren bottoms in certain localities for seed oyster produc-
tion should therefore be demonstrated, the Commission selected
lots in four localities open for oyster culture and planted shells
on each during the early part of the summer just past.

page 200.

184 Report of the Board of Shell Fish Commissioners

1. On June 27, 150 bushels of shells were scattered over a
lot of ground in Tangier Sound containing .25 acre. The bot-
tom is composed of hard dark-colored sand and is covered by
fourteen feet of water.

2. On the same date a similar quantity of shells was scat-
tered over a lot of the same size and with the same kind of bot-
tom in the Bay about two miles southwest of Kedge Straits.
The water over this lot is eighteen feet in depth.

3. On July 8, the third lot situated off Annapolis, between
Hackett Point and Tolley Point bars on soft muddy bottom
in water twenty feet in depth, was planted with 150 bushels of
shells. It contains a little less than .25 acre.

4. The fourth planting was made on the same date as No. 3
on .25 acre of muddy bottom situated in water eighteen feet
deep between Tolley Point. Under the Gums and Thomas Point,
North, bars, 150 bushels of shells being again used.

The first planting was made on a lot situated on a depleted
oyster ground over which the water does not flow swiftly, but
the remaining three lots are situated on barren bottoms over
which swift currents are developed with every tide.

On September 27, examinations- were made of the shells
planted on lots Nos. 1 and 2. Two attempts were made to ex-
amine the shells on lots No. 3 and 4 before this report went to
press, but each time rough weather made examinations impos-
sible.

Shells were tonged from three places on lot No. 1 and three
pecks were examined shell by shell with the result that three
young oysters only were found. The shells had not sanded,
but were well above the surface of the bottom. Numerous cal-
careous worm tubes and patches of encrusting red sponge had
become attached, but not in sufficient quantities to have pre-
vented the attachment of young oysiers had such been present.

Of the 190 shells (.33 bushel, standard measure,) collected
from three places on lot No. 2, 145 shells (.25 bushel) had from
one to ten young oysters per shell attached, 45 shells being
without spat. On the 145 shells 386 young oysters, ranging in
length from 1-16 inch to l 1 /^ inches, were counted, or 2.6 spat
per shell. According to the result of this examination, the

Report of the Board of Shell Fish Commissioners 185

shells planted on this lot made a catch in three months of 1,158
young oysters per bushel or 1,544 per bushel when culled. This
stock, just as it comes from the bottom, is of a quality such as
sells in Connecticut for fifty cents per bushel. 54

With reference to the date of shelling, character of bottom,
depth of water, density of water, quantity of shells, method of
planting and period of exposure the plants made on these two
lots are exactly similar and the difference in the results cannot
be referred to any of the conditions named. They differed in
two important respects, however, and it is to these differences
that the difference in the results is to be attributed. The water
does not flow swiftly over lot No. 1, and in its course back and
forth through Tangier Sound the water receives a comparatively
small quantity of oyster spawn, due to the depleted condition of
the natural oyster bars in the Sound. Over lot No. 2 very swift
currents occur with each change in the tide and into each tide,
from May to September, eggs are poured from untold millions
of mother oysters living on the extensive and numerous un-
touched natural oyster bars located in the deep water from one
end of the Bay to the other.

When the oyster embryos, developing from the eggs in the
water, reach the stage in which they change, from free swim-
ming creatures to those adapted only to a sedentary life, they
fall to the bottom. Minute oysters are probably precipitated
throughout the breeding season in a continuous drizzle upon
the bottom everywhere in the Bay, but all those not falling
upon clean hard objects are lost. Over lot No. 1 the currents
were not sufficiently strong to keep sediment washed from the
shells, and such oyster fry as may have been deposited had little
chance to become attached. A better catch would probably
have been secured had the water been more frequently disturbed
by storms. Over lot No. 2 the currents were strong enough to
scour the surfaces of the shells during at least two periods each
day and during these periods oyster fry found the shells in
favorable condition for attachment.

5*Since this report went to press it has been found that a demand for
at least 100,000 bushels of such Chesapeake seed at 35 cents per bushel
now exists in Chincoteague Bay.

186 Report of the Board of Shell Fish Commissioners

The argument in the foregoing pages that bottoms in rivers
and coves over which the flow of water is slow, are not favor-
ably located for the purpose of securing seed oysters seems to
be opposed by the fact that natural oyster bars exist in rivers
and coves in perhaps greater number than in the Bay. A glance
at the charts showing the location and extent of the oyster bars
in Anne Arundel County is enough to show that nearly nil 1ho
bottoms outside the channels in all the tidewater rivers are or
have been the site of natural bars.

It must be remembered, however, that natural oyster bars
have in every case been established very slowly the cultch
forming the basis for the bars having accumulated and become
spread over larger and larger areas very gradually. The addi-
tion of a few young oysters here and there each year has been
sufficient finally to build up a dense colony, but the length of
time during which the building process lasted must not be lost
sight of.

A planter having leased a barren bottom for oyster culture
cannot afford to wait long for results. The expense incurred
during a few years when the catch of young oysters to his ex-
posed shells is small or none is too great to be covered by the
good catch* of spat he may now and then secure.

If there are grounds so located, whether in the rivers or in
the Bay, that a good set of spat may be secured practically
each season to exposed shells, much time and expense can be
saved by utilizing them for the purpose of seed production only,
transplanting the seed caught each season to grounds better
adapted for growing oysters than for catching spat.

It is a fact known generally among oystermen that natural
bars located at certain points in the Bay and at a few places
in some rivers and sounds become set with young oysters much
more regularly and thickly than others, and it is this fact which
the Commission wishes to see applied to the barren bottoms
now open for oyster culture.

Bottoms Adapted to Producing Seed Oysters.

Bottoms adapted to the production of seed oysters cannot
always be selected according to any set rule because experience

Report of the Board of Shell Fish' Commissioners 187

will demonstrate the existence of bottoms here and there where
oysters set regularly, the value of which could not have been
predicted, the one necessary condition to the setting of oyster
fry, if there is such, never having been discovered. The follow-
ing statements, however, regarding the conditions under which
to expose shells for securing spat will generally hold good :

The bottom selected should be somewhat elevated above sur-
rounding bottoms and be free from the accumulation of sedi-
ment. It should be firm enough naturally or made so artifi-
cially to support shells at or above its surface. The water
should flow over it at certain stages of the tide with a velocity
sufficiently strong to free the exposed shell surfaces of any sedi-
ment which, during slack water, may have settled upon them.
The proper condition of salinity and food supply must of course
co-exist with the conditions mentioned above, but these factors
may be disregarded, provided the bottom under consideration is
located in an oyster-producing section. Even though the food
supply in the water should be low, the lack in quality will be
made up by the quantity which, through the rapid flow of the
water, is available to the oysters. Good seed-producing bot-
toms are seldom found in the upper parts of rivers or in shel-
tered coves, but they abound in the Bay; near the mouths of
rivers and along shores exposed to the action of high winds.

Growing Oysters for Market.

Oysters may be grown for market on the same grounds on
which they become attached to cultch as spat, but oysters so
grown do not sell for prices as high as those which have been
transplanted one or more times. The conditions under which a
set of young oysters is first secured are likely to bring about
another set of spat the second season, a third during the next
and so on, thereby producing badly shaped oysters adhering in
bunches or clusters. The individual oysters of a cluster are
not only badly shaped, but are more likely to be poor and of
slower growth than oysters grown singly because the oysters of
a cluster occupy the space that should be occupied by one oyster

188 Report of the Board of Shell Fish Commissioners

and must divide the supply of food which should be available
for one. By frequently dragging a heavy dredge, from which
the bag has been removed, over bunchy oysters the bunches may
,be broken up and the oysters may thus be kept single, but
the same result is more easily accomplished and at less expense
by transplanting young seed oysters from seed grounds to
grounds where conditions are not favorable for securing spat,
but where seed oysters when planted are soon covered with a
thin layer of sediment which excludes such oyster fry as might
settle upon the oysters. Such a covering of sediment upon
growing oysters, if not too thick, is of no disadvantage since
it in no way interferes with feeding.

The belief that swift currents are necessary to the rapid
growth of oysters is not well founded for although the amount
of food available to an oyster depends upon the amount of
water which flows by its mouth, the water of the Chesapeake
and its tributaries is, in most localities, so rich in oyster food
that a very small quantity (less than a quart), contains all the
food needed per day by an oyster. The most sluggish currents
are sufficient to provide this quantity of water for each oyster
on a bar.

In support of this statement one need only be reminded that
the water flows very slowly over some of the best natural oyster
bars in the State. In selecting grounds for growing oysters,
therefore, swift currents should be avoided. They should not be
especially elevated above surrounding bottoms and should, if
possible, be located in the immediate vicinity of mud flats, for
these constitute rich food-producing centers. Grounds offering
these conditions are usually found on the in-shore areas of
rivers and the Bay. Most of the lots leased under the five-acre
law are well adapted to growing oysters.

Fattening Matured Oysters.

It very often happens that oysters do not become fat on their
native bottoms at the time they should be marketed and on
some good growing ground oysters seldom or never fatten. The
lessees of such bottoms should have ground especially adapted

Report of the Board of Shell Fish Commissioners 189

for fattening oysters to which they may transplant their stock
before placing it on the market. That there are such fattening
grounds here and there in the Bay and its tributaries is a well-
known fact, but their location can be determined by experience
alone. Rapid fattening depends upon the richness of the food
supply and the number of oysters on the bottom. The richness
of the food supply in any locality fluctuates from season to
season, but the density of oysters on the bottom can be regu-
lated by the planter.

190 Report of the Board of Shell Fish Commissioners

PHYSICAL AND BIOLOGICAL INVESTIGATIONS.

OBJECT AND SCOPE.

It is reasonable to expect that barren bottoms which dupli-
cate, or which by artificial means can be made to duplicate, the
essential physical and biological conditions found to exist on
productive natural bars, will produce oysters under private
supervision and ownership.

On the other hand, it is not reasonable to expect barren bot-
toms which lack even one of the conditions essential to the
growth of oysters to be valuable as an investment for oyster
culture.

The following lines of investigation concerning the physical
and biological conditions under which oysters grow naturally
in Maryland have therefore been undertaken, in connection with
the survey of the natural oyster grounds, with the expectation
that the results obtained can be made of practical use to pros-
pective planters in selecting barren bottoms for planting pur-
poses:

1. Character of the bottom.

2. Depth of water.

3. Velocity of currents.

4. Density (salts contained) of the water.

5. Organisms used by oysters as food.

6. Quantity of oyster food in the water.

METHODS.

Character of Bottom.

The character of the bottom includes its composition and
hardness. It is roughly determined at each of the snrvey
soundings with the lead line and more accurately at each of the
examination stations from the material brought up by the
tongs. The findings are recorded in the following terms : Very

Report of the Board of Shell Fish Commissioners 191

soft mud, soft mud, sticky sandy mud, hard muddy sand, hard
clay, very hard sand, shifting sand, and gravel.

A probe with which to ascertain the depth of the bottom and
the composition of its deeper strata has not been used because
of the necessity for speed in making the examinations, but accu-
rate tests of the hardness of the bottom of a few characteristic
natural oyster grounds are being made, with an apparatus de-
signed for the purpose by Dr. H. F. Moore, in order to establish
a standard by which to gauge the fitness of barren bottoms for
oyster culture.

Depth of Water.

The depth of water is taken at each sounding and at the
examination stations. As the depth varies with the tide at any
point, each observed depth is reduced to mean low-water level
before it is plotted on the charts. The Coast and Geodetic
Survey, having established "bench marks," marking the level of
mean low water, at several points on the Chesapeake, the reduc-
tion of the soundings is easily made. A daily record is kept at
some point, such as a light house, within the region being sur-
veyed, showing the variation of the tide at every hour, from
the level of low mean water. A record of the exact time when
all soundings are made is also kept on the survey and examina-
tion boats. By adding (or subtracting) the variation of the
height of the tide from the level of mean low water, observed at
the time the soundings were made, to the depth of each sound-
ing, the actual depth of each sounding at mean low water is
obtained.

These soundings are not all published at this time, but the
charts, published by the Coast and Geodetic Survey, showing
the results of the survey, have the 6-foot, 18-foot and 30-foot
curves plainly delineated. The average depths of water over
each of the natural bars are given in the part of this report in
which the oyster grounds are discussed.

192 Report of the Board of Shell Fish Commissioners
Velocity of Currents.

The observed maximum velocities of the currents are also
given in the general description of the oyster grounds. These
observations were begun after the survey had been in progress
for some time and are not as complete therefore as desired.

The apparatus for measuring the velocity of the currents con-
sists of a cylinder of light wood, six feet in length, so weighted
with lead at one end that, when placed in the water, it sinks to
a depth of 5% feet. A light line, graduated at 25, 50 and 100
foot intervals, is fastened to a staple, near the end of the pole
projecting from the water. When the examination boat is
anchored and has swung with the current, the pole is placed in
the water and, as it is carried with the current, note is made of
the time required for it to travel 50 or 100 feet. From this
record the velocity of the current in distance per hour is cal-
culated.

Density of the Water.

The density or salinity of the water over each of the oyster
grounds surveyed has been tested on as many occasions and
under conditions as different as was possible during the survey.
The results are published with those relating to currents and
bottoms.

The density of sea water indicates the amount of salts con-
tained. Fresh water contains no salts and is taken as the
standard for all density (specific gravity) measurements. The
apparatus used to determine the density of salt water consists
of a series of three sealed glass bulbs, each weighted at the bot-
tom and ending above in a slender, hollow stem containing a
graduated scale. The scale in the stem of bulb No. 1 reads down-
ward from 1.000 (the density of fresh water) to 1.011; No. 2
from 1.010-1.021, and No. 3 from 1.020-1.031. The weight of
No. 1 is just sufficient to cause it to sink in fresh water until
figure 1.000, on the scale, stands at the level of the surface of
the water. The more salt the water contains the higher the
bulb floats, the density being indicated by the figure appearing

Report of the Board of Shell Fish Commissioners 193

at the water's surface. In pure sea water the amount of salts
is sufficient to float bulb No. 3 at about 1.026. Bulb No. 1 is
used to determine the density of brackish water, while No. 2
serves to indicate the density of water between brackish and
salt.

The density of water is, to a small degree, affected by_ tem-
perature, it being less when the water is warm. For all prac-
tical purposes, however, this error may be disregarded and, in
the density records published, no correction for temperature
has been made. The temperatures of all samples have been
recorded, however, and are on file.

The Food of Oysters.

Oysters from the natural bars and specimens of water from
near the bottoms, immediately above the bars, have been sys-
tematically collected and examined with reference to the organ-
isms constituting the food of the oyster and with reference to
the quantity of this food in the water.

Minute organisms of numerous species literally fill the water
of the Chesapeake Bay and its tributaries, some of which are
of value to the oyster as food, others not. By opening oysters
from bars in various localities, removing the contents of their
stomachs, with a medicine dropper, and examining the contents
with a microscope, those organisms which constitute the food
of the oyster in each locality can be identified. Such material
has been collected and preserved from numerous localities in
Anne Arundel and Somerset Counties, and will be collected
from each locality as it is surveyed.

Knowing which organisms, found in the water of a certain
locality, are valuable as food for oysters, all other kinds occur-
ring in the specimens are ignored in the examinations and
excluded from the estimates of the food value of the water.

The method of collecting specimens of water and preparing
them for examination is as follows : The launch Investigator,
having been anchored at a flag buoy preparatory to making an
examination of an oyster bar, a water cup, holding a little more
than one quart, is lowered to the bottom and filled. The water
is emptied into a flask such a^ is shown in figure 11, and note is

194 Report of the Board of Shell Fish Commissioners

made of the locality, date, depth, kind of bottom, density and
condition of the sample. To the sample 20 cubic centimeters of
formalin is added to prevent the decay or further growth of the
organisms contained. It is then allowed to stand for twenty-
four hours or more to settle.

The cup used to collect specimens of water is so constructed
that it remains closed until it rests upon the bottom. The water
flows in at the valve in the top which stands at a level one foot
above the bottom. It would be more satisfactory could the
sample be collected nearer the bottom than one foot, but experi-
ence has shown that when collected at a lower level a consider-
able quantity of sediment, stirred up by the contact of the cup
with the bottom, is included, and this interferes- with the exami-
nation of the specimen.

When the organisms contained in a sample have settled to
the bottom of the flask the clear water above is siphoned away
and the residue, usually amounting to about 200 c. c., is emptied
into a smaller flask, Figure 11. This is again allowed to settle
and the clear water is siphoned away, reducing the residue to a
volume equal to about 20 c. c., which is placed in a small bottle,
Figure 11, properly labeled and filed. The food material in the
sample is thus concentrated to a bulk convenient for examina-
tion.

A specimen when examined microscopically is first reduced in
quantity to exactly 20 cubic centimeters. After thoroughly
shaking the specimen one cubic centimeter is removed, before
it has time to settle, with a graduated pipette and placed in a
"Rafter Cell," Figure 11.

A Kafter Cell is an apparatus holding one cubic centimeter of
liquid, so made that the liquid is spread over a surface of 1,000
square millimeters to a thickness of one millimeter. With this
apparatus it is possible to count the actual number of organ-
isms in an accurately measured part of a cubic centimeter of
water. Such counts from two or more cubic centimeters of
each specimen are made and used as a basis for estimating the
total quantity of food organisms in the entire specimen.

From the examinations made thus far the number of organ-
isms available to oysters as food over the natural bars in Anne
Arundel County, is calculated to be from 20,000 to 100,000 per

Report of the Board of Shell Fish Commissioners 197

liter of water, but on account of the incompleteness of this
work, and for other reasons given further on, all results from
this line of investigation are withheld from this report.

VALUE OF FOOD INVESTIGATIONS.

The minute organisms, forming the food of the oyster, follow
the same laws of distribution observed to regulate that of
larger organisms such as fishes and land animals; different
species inhabit different regions and the individuals of one
species may be numerous in one locality at one time and be
almost totally lacking at another. Since the value of an oyster
ground depends very largely upon the supply of oyster food in
its immediate locality and upon the stability of this supply, it
is readily seen that any line of investigation which develops a
knowledge of the food value of the Chesapeake is valuable for
oyster culture.

The number of oysters a given bottom will maintain depends
upon the amount of food available in the water and the ra-
pidity of the flow of the water. Some of the most valuable
oyster bottoms, such as those in Lynnhaven Bay, 55 will not
produce oysters in great quantities on account of the poor
feeding conditions of the locality, their special value depending
upon the shape and flavor of their product. If stocked with
a quantity of oysters above their capacity such grounds prove a
failure.

It is- hoped and confidently believed that when a series of
investigations of the food supply of different localities of the
Chesapeake Bay, which are planned by the Commission, have
been carried out, covering a period of two or more years, the
Commission will be in a position to give fairly accurate esti-
mates, after careful examinations of barren bottoms, of their
special fitness for oyster culture, including the quantities of
oysters per acre they will maintain.

No investigations of exactly this kind have ever been made
and they may be found less practicable than appears, but they

best grounds in Lynnhaven Bay will support but 150 bushels
of oysters per acre and much of the bottom will support but 50 bushels
per acre.

198 Report of the Board of Shell Fish Commissioners

are well worth the small cost of carrying them on. The plan
for completing these investigations is as follows :

A STANDARD TO BE ESTABLISHED.

No practical value can be attached to the result of a single
examination of the food contents of the water of a locality or
to the results of a series of examinations covering but a short
period of time, because the food value of the water of every
locality changes more or less with the seasons. A standard
food value to be obtained by making numerous examinations
of the water over certain natural oyster bars, the value of
which for oyster production is known, covering every month
for a series of years, is needed to which to refer all isolated
examinations. Having such a standard of food value of water
with which to compare the results of examinations of the food
contents of water from localities where barren bottoms are situ-
ated, it should be possible to ascertain not only that such bot-
toms will or will not be valuable for oyster culture, but also the
quantity of oysters they will support per acre.

It is proposed to establish such a standard for the food
value of the waters of the Chesapeake by making systematic
examinations of the water above natural oyster bars in the
following localities, three of which are on the Western and
three on the Eastern Shore :

Hackett Point.

Holland Point.

Patuxent River.

Tangier Sound.

Poplar Island.

Love Point.

A standard of sufficient accuracy for practical use will not
have been established for at least two years, and it has been
thought best, therefore, to withhold all results of the examina-
tions of the food contents of the water thus" far made from
this- report.

The value of the bottoms at Hackett and Holland points and
in Tangier Sound, in terms of the quantity of oysters they now
produce, is known from the results of the examination made

Report of the Board of Shell Fish Commissioners 199

during the survey (see table, page 140), and as the survey pro-
gresses the value of the grounds in the other localities selected
will be ascertained.

The quantity of oysters on a natural bar at any time depends
entirely upon natural causes and is frequently below that
which the water over it would support (Bars in Tangier
Sound) and sometimes, after a good set of spat, it is above
that which can be maintained in marketable condition
(Haqkett Point Bar). It is therefore desirable to ascertain
the food value of the water in certain localities outside the
State, such as Lynnhaven Bay in Virginia and Great South
Bay in New York, to add to the table of standards, for since
planting has been carried on in these localities for some time
the quantity of oysters their waters will support is accurately
known.

200 Report of the Board of Shell Fish Commissioners
RECOMMENDATIONS.

SEED OYSTERS.

On March 28, 1907, in accordance with the provisions of Sec-
tion 111 of the Haman Oyster Culture Law, the Commission
passed an order designating the section of the Bay containing
a part of the public oyster grounds, known as "The Lumps," for
the purpose of supplying seed oysters to persons engaged in
planting or cultivating oysters on grounds leased for this
purpose from the State, and prescribing such regulations as
were deemed necessary to prevent the oysters taken from the
section designated, during the period from April 15-May 15,
being sold or used for purposes other than planting on bottoms
leased from the State.

This order was communicated to the Board of Public Works
on April 5, with a request that the Commander of the State
Fishery Force be instructed to detail one or more police boats
to patrol the waters of the section designated to prevent viola-
tions of the provisions of the order.

In designating a police boat to patrol the waters of the sec-
tion set apart for taking seed oysters for planting purposes, the
Commander instructed the captain of the police boat to see that
the provisions of the Cull Law were not violated by those who
resorted to the section for the purpose of securing seed oysters.

As a result of these instructions, upheld by an opinion of
the Attorney General rendered May 2, the object of the order
passed by the Commission was defeated and no seed oysters
were secured by planters from the section designated.

The Commission, prior to passing its order, studied the seed-
oyster question carefully and, in designating the section con-
taining "The Lumps" for the purpose of supplying planters
with seed oysters, it is of the opinion that it not only acted
within the bounds of the authority conferred upon it by the
Haman Oyster Culture Law, but that in its action no injury
whatever was inflicted to the interests of those who depend
upon the natural oyster bars of the State for a livelihood.

Report of the Board of Shell Fish Commissioners 201

According to reports by dredgers familiar with the condition
of "The Lumps" at the time the order was passed, an abundance
of oysters under 2^ inches in length were to be found, with but
a very small proportion of marketable oysters among them.

It is the opinion of the Commission that the section of the
Bay under consideration is one in which the quantity of oysters
which grow to marketable size will never be large, although
one in which small oysters will frequently 'be exceedingly
numerous. This opinion is based upon the testimony of per-
sons who have long been familiar with conditions as they have
existed in the past on "The Lumps" and upon conditions as
they now exist and are likely to exist in the future. During
the spring when the Susquehanna and other rivers at the head
of the Bay pour a volume of fresh water into the Bay such that
the water over "The Lumps" becomes fresh and remains so for
several days, many of the oysters in that section are killed.
Freshets of such duration as to kill oysters, while not of regu-
lar annual occurrence on "The Lumps," are sufficiently frequent
to prevent the growth of mature oysters in abundance.

The condition of the shells on these bottoms and the velocity
of the tidal currents over them during the oyster spawning sea-
son are such that an abundant set of young oysters takes place
each year.

In view of these conditions and the fact that until an industry
in raising seed oysters has been developed in the State, 50 those
who lease ground from the State for the purpose of cultivating
oysters need small oysters with which to seed their grounds,
the Commission recommends that its former order, printed
below, be made operative.

ANNAPOLIS, MD., March 28, 1907.

It is ordered by the Board of Shell Fish Commissioners of Maryland,
this 28th day of March, 1907, that pursuant to the provisions of Section
101 of Chapter 711 of the Acts of Assembly of 1906, the following area
is set aside for the purposes mentioned in Section 111 of said Act, that
is to say, all that part of the Chesapeake Bay lying beyond the terri-
torial boundaries of the respective tidewater counties adjacent thereto,
which is situated north of a straight line drawn from the point on the
Western shore of the bay, known as Bodkin Point, to a point on the
Eastern shore of the bay, known as Swan Point, excluding the whole of
Swan Point bar.

page 182.

202 Report of the Board of Shell Fish Commissioners

REGULATIONS.

1. Any tongman licensed for the oyster season of 1906-1907 may tong,
between the 15th day of April and the 15th day of May, 1907, for oysters
in the above mentioned area. The oysters so tonged shall be culled
within the area hereby set aside for the purpose of excluding all shells,
which must be thrown overboard within said area upon the natural
rocks from which they were taken. All oysters valuable for planting
purposes, however, may be removed or taken during the period afore-
said whether above or below 2% inches in length.

2. No boat shall be permitted to leave the area above mentioned
with a cargo, or part of a cargo of oysters, on board, unless the captain,
or other person in charge of the same, s s haii exhibit to the commander
of the police boat patrolling the said area, a contract of purchase for
the oysters so mentioned, signed by one or more of the lessees of land
in the State of Maryland leased for oyster culture under the provisions
of Chapter 711 of the Acts of 1906. A lis.t of said lessees shall be
furnished by the Clerk of the Shell Fish Commission to the commander
of the police boat, or boats, patrolling said area.

3. No boat having a dredge or scrape on board shall be allowed to
take oysters in the area above mentioned.

ACREAGE OF LOTS FOR LEASE.

The Commission holds the opinion that, after the natural
oyster bars and crabbing bottoms have been surveyed and
charted and thus excluded from lease, the interests of oyster-
men and crabbers will not be placed in jeopardy by increasing
the acreage of barren bottoms which may be leased for the pur-
poses of oyster culture, and it therefore recommends that the
area which may be leased for this purpose in the territorial
limits of the counties be increased to 50 acres and in the waters
beyond the territorial limits of the counties to 500 acres.

Oyster lots of the acreage now allowed if located near shore
can be cultivated and protected without great expense to les-
sees, but if located in the open waters of the Bay and sounds,
large seaworthy boats will be required for the work of both
planting and policing and the cost of such boats and the
expense of equipping and maintaining them is so great as to
make oyster culture on a small scale in such localities un-
profitable.

Report of the Board of Shell Fish Commissioners 203

The above recommendation is based upon the fact just stated
and the further fact that much of the bottom suitable for oyster
culture thus far opened for lease is located in the bold waters
of the Chesapeake Bay, Rocomoke and Tangier Sounds.

DREDGING ON LEASED LOTS.

Section 112 of the Haman Oyster Culture Law has been in-
terpreted to mean that dredging or scraping operations cannot
be carried on on lots leased for oyster culture situated in
districts designated for tonging operations, but that planted
oysters in such districts can be removed with tongs only.

Much of the barren bottom in Anne Arundel and Somerset
counties best adapted for oysier culture is located in districts
set aside for tonging operations and will not be leased for
oyster culture until planters are unrestricted in the methods
to be employed in planting and cultivating oysters.

Tonging operations, as a method of removing oysters from
the bottoms on which they grow, are very slow, as may be seen
by reference to the part of this report (page 65), in which the
areas are given which it is possible for tongmen to cover during
a period of one hundred days of eight hours each, and it cannot
be expected that planters will lease bottoms for oysier culture
when the entire amount of time which is available for the work
of planting and cultivation is needed for gathering oysters.
Planters should be able to place their oysters on the market
when prices are best and when their oysters are in marketable
condition and this cannot be done when tonging is the only
method by which they may be gathered.

The objection raised by oystermen against permitting the
use of scrapes or dredges on private grounds in tongmg dis-
tricts is that planted grounds situated near natural oyster bars
will be made bases from which illicit dredging operations will
be carried on on the natural bars. This objection rests upon
well-founded fears, many oystermen having signified their
intention to lease lots with the object of so using them.

Believing, however, that the methods of oyster culture may
be unrestricted and oyster culture thereby made possible with-
out injury to the interests of tongmen, the Commission

204 Report of 'the Board of Shell Fish Commissioners

mends that the right to plant, cultivate and gather oysters
from lots leased in any part of the State, by any means whatso-
ever and at any time whatsoever, be granted, and that severe
penalties be provided for dredging or otherwise taking oysters
by planters beyond the limits of their private lots.

MAINTENANCE OP STATE BUOYS.

Section 86 of the Haman Oyster Culture Law provides that
State buoys be placed at the corners of the natural oyster bars
in order that oystermen may see that all natural bars have been
surveyed and charted and permanently excluded from lease for
.oyster culture.

Since oystermen are in no need of buoys to mark the location
of the oyster bars to which they resort, the State buoys placed
at the corners of the natural bars cease to be of practical value
to oystermen when the period, after the charts have been filed,
during which appeals in accordance with Section, 91 can be
made to the Circuit Court, from the action of the Commission,
has elapsed.

The State buoys can be maintained only at an annual expense
almost equal to their original cost (see page 128), for very few
of those which are carried away can be recovered and, without
careful and regular attention, the life of those which are not
carried away is not more than two years.

The Commission recommends that buoys be placed at the
corners of all natural bars after they have been surveyed, as
now provided, but that these buoys be not maintained longer
than a period of four months, dating from the filing of the
charts.

ASSISTANTS APPOINTED BY COUNTY COMMISSIONERS.

The Commission recommends that the County Commissioners
of each county in which there are natural oyster bars yet to be
surveyed be authorized, upon request by the Commission, to
appoint a resident from each tidewater district of said county,
familiar with all the natural oyster bars and crabbing bottoms

Report of the Board of Shell Fish Commissioners 205

of his district, to go with the Commission during a survey of ,
said district to point out the approximate location of the
natural bars and crabbing bottoms.

This recommendation is made because experiende has shown
that it is not possible for one individual to know the location
of all the natural oyster bars within the limits of a county. A
failure on the part of the Commission to survey and chart some
of the oyster bars is less likely to result should an assistant
from each district be appointed.

206 Report of the Board of Shell Fish Commissioners

EXHIBIT AT JAMESTOWN.

An exhibit to call attention to the oyster resources of Mary-
land and the plan by which the State proposes to encourage the
development of an industry in oyster culture, was prepared by
the Shell Fish Commission and placed in the Maryland Booth
in the State's Building at the Jamestown Exposition. Due to
the small amount of space allotted to the exhibit, it was neces-
sary to place many of the charts so high above the floor that
they could not be examined by visitors. The following is a list
of the exhibits :

1. , A glass case containing:

(a) Three large oysters dissected to show the structure of the

oyster, photographs of which are reproduced in this
report on pages 207 to 210.

(b) A cluster of oysters illustrating the effect of soft muddy

bottoms upon the growth of oysters.

(c) A series of specimens taken from hard bottoms showing

oysters of different sizes and ages.

(d) Some of the enemies of the oyster.

2. Five framed diagrams, 3 feet by 3 feet, showing the average num-

ber of small and large oysters per square yard on:
(a and b) Hackett Point bar, Anne Arundel County.

(c) Trolley Point bar, Anne Arundel County.

(d) Bay Shore bar, Anne Arundel County.

(e) Outer Magothy bar, Anne Arundel County.

3. A large oil painting, 5 feet by 4 feet, showing the equipment for

and the method of conducting the survey of the oyster grounds.
A photograph of this painting forms the frontispiece for this
report.

4. Two framed "boat sheets" showing the results of the survey of

the oyster grounds in:

(a) Herring Bay, Anne Arundel County.

(b) South River, Anne Arundel County.

5. Two framed "smooth projections" showing the natural oyster

bars in:

(a) Herring Bay, Anne Arundel County.

(b) South River, Anne Arundel County.

6. Five framed charts published by the Coast and Geodetic Survey

showing the results of the complete survey of Anne Arundel
County waters.

O

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o $

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fc

O Q.

Report of the Board of Shell Fitfi Comrtiissioners 211

7. One concrete "monument," such as is used by the Coast and

Geodetic Survey to mark the location of the "Shore signals."

8. One "buoy" and "sinker," such as is used by the Commission to

mark the corners of the natural oyster bars.

When the Exposition has closed it is the intention of the
Commission to place its exhibit in the office at Annapolis.

212 Report of the Board of Shell Fish Commissioners

FINANCIAL STATEMENT.
April 2, 1906, to September 30, 1907.

RECEIPTS.

From State of Maryland

General Appropriation under Chapter 809, of the Acts

of 1906 $25,000.00

Salaries of Commissioners and Chief Clerk under Chap-
ter 809, of the Acts of 1906 6,800.00

Additional Appropriation under opinion of Attorney-
General, being for salaries from May 10, 1906, to
October 2, 1906, and not charged to General Appro-
priation, as follows:

Walter J. Mitchell $784.91

Caswell Grave 706.45

B. K. Green 706.45

Swepson Earle 893.81

H. C. Jenifer 362.90

S. A. Harper 333.32

$3.787.84

Application Fee Fund 3,988.17

Record Fee Fund 730.00

Rent Fee Fund 1,667.43

*Bills Payable 8,000.00

$49,973.44

DISBURSEMENTS.

Salaries of Commissioners, Engineers,
Counsel, Chief Clerk, Assistant Clerk
and Local Oystermen:

Walter J. Mitchell $2,784.91

Caswell Grave , 2,506.45

B. K. Green 2,506.45

Swepson Earle 3,393.81

W. G. Emory 1,490.00

Thos. H. Robinson 1,875.00

H. C. Jenifer 1,492.05

S. A. Harper 1,333.32

J. E. Smith 430.00

T. S. Dougherty , 305.00

Carried forward ' $18,116.99

*Money borrowed on faith of appropriation under Chapter 818, of the
Acts of 1906, not available until October 1, 1907.

Report of the Board of Shell Fish Commissioners 213

Amount brought forward $18,116.99 $49,973.44

Expenses of Commissioners and Engineer 1,059.58

tLabor 7,510.06

Subsistence 5,034.65

Advertising, printing and office supplies 1,032.35

Buoys and boats 4,144.51

Telephone 112.90

Houseboat Oyster 8,750.58

Jamestown Exposition Exhibit 151.72

Postage, expressage and incidentals \ . 586.44

State Fishery Force 1,049.83

Scientific and engineering supplies 593.78

- $48,143.39

Balance $1,830.05

Funds on hand

Bank of Somerset $376.60

Marine Bank of Crisfield / 723.95

State of Maryland 70.85

Annapolis Banking and Trust Company * ' 658.65

$1,830.05

<

tThe following items are included in the labor account:

Ernest Reppenhagen, Draughtsman and Observer, salary from

March 1, 1907, to September 30, 1907, at $75 per month $525.00

Thomas 'H. Grave, Assistant Engineer, salary from June 1,

1907, to September 30, 1907, at $75 per month 300.00

H. E. Collins, Recorder in survey party, salary from May 25,

1907, to September 30, 1907, at $50 per month 211.29

Miss Blanche Richardson, Stenographer, salary from April 9,

1907, to September 30, 1907, at $10 per week 250.00

B. J. D. Bruff, Stenographer, one month's salary, for special
work 75.00

Fred. J. Johnson, Surveyor, for services rendered in Survey-
ing old oyster lots 28.00

. $1,389.29

214 Report of the Board of Shell Fish Commissioners

ACTS JANUARY SESSION, 1906 CHAPTER 711.

AN ACT to establish and promote the industry of oyster cul-
ture in Maryland, to define and mark natural oyster beds,
bars and rocks lying under the waters of this State, to
prescribe penalties for the infringement of the provisions
of this Act, and to add new sections to Article 72 of the
Code of Public General Laws, to follow Section 82, and to
6e designated respectively as Sections 83, 84, 85, 86, 87, 88,
89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103,
104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115,
116, 117, 118, and 119.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That the following sections be and they are hereby added
to Article 72 of the Code of Public General Laws, title "Oys-
ters," to follow section 82, and to be designated respectively
as sections 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95,
96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109,
110, 111, 112, 113, 114, 115, 116, 117, 118, and 119.

SECTION 83. Any resident of Maryland shall have the right
to plant and cultivate oysters in the waters of this State ; such
right shall be exercised in the manner prescribed in the follow-
ing sections of this Act, and shall be subject to the regulations,
provisions and limitations hereinafter set forth, but no corpora-
tion, or joint stock company, shall be permitted to lease or take
up, or to acquire by assignment, or otherwise, any lands of the
State for oyster planting or cultivation. All natural beds or
bars shall be excluded from the operation of this Act, and no
person shall be permitted to plant or cultivate oysters there-
upon, or in any way appropriate the same to his own use.

SECTION 84. The Board of the Shell Fish Commissioners of
Maryland is hereby created. The said Board shall consist of
three members, one of whom shall be a resident of one of the
tidewater counties of the Eastern Shore of Maryland, another
a resident of one of the tidewater counties of the Western
Shore, and the third a resident of the City of Baltimore, and
one of whom shall be a member of the minority party at the

Report of the Board of Shell Fish Commissioners 215

time of their appointment. The term of each of the members
of said Board shall be two years from the first Monday in May
after his appointment. They shall be appointed by the Board
of Public Works of the State of Maryland. No member of said
Board of Shell Fish Commissioners shall be in any manner
interested in any land leased or taken up for bedding, planting
or cultivating oysters. The acts and duties to be done and
performed by said Board under this Act may be done and per-
formed by two of said Commissioners, and in all cases-, the
decision of a majority of the Commissioners shall be binding.
One of said Commissioners shall be designated by the Board of
Public Works of the State of Maryland as president, and his
salary shall be Two Thousand Dollars a year. The salary of
the other Commissioners shall be Eighteen Hundred Dollars a
year. The said Commissioners shall be allowed to employ a
chief clerk upon a salary of Twelve 'Hundred Dollars a year,
and such assistants, not exceeding three in number, and not
more than be absolutely needed for the performance of the
work of the Board, at graded salaries, to be paid by the Com-
missioners, not to exceed One Thousand Dollars a year for any
such assistants, as it may deem necessary to aid it in the proper
performance of its duties, as prescribed in this Act. The said
Commissioners shall employ a competent surveyor, who shall
also be a hydrographic engineer, upon a salary to be named by
said Commissioners not exceeding Twenty-five Hundred Dol-
lars a year. If the Commissioners deem it expedient to employ
a hydrographic engineer, who is also a biologist, capable of
investigating oyster propagation, an engineer of such qualifi-
cation may, in their discretion, be employed. The sum of Five
Hundred Dollars per annum shall be appropriated, to be ex-
pended under the direction of said engineer, if he be a biologist,
who shall, in that event, establish one or more stations for said
investigation of oyster propagation. All salaries, outlays and
disbursements authorized by this Act shall be paid out of the
general treasury of the State of Maryland upon requisition
made by the Board of Shell Fish Commissioners, endorsed by
the Comptroller of the State, but the same shall be repaid out
of the first revenues arising from the leasing of land for oyster
culture contemplated by this Act. The Commissioners compos-

216 Report of the Board of Shell Fish Commissioners

ing said Board shall, immediately after their appointment, file
in the office of the Clerk of the Court of Appeals separate bonds,
with a surety or sureties to be approved by the State Treasurer,
in the sum of Ten Thousand Dollars conditioned for the faith-
ful performance of the duties imposed by this Act. The said
Commissioners shall take and subscribe before the Governor of
the State an official oath prescribed by the Constitution. The
said Commissioners shall have an office in the City of
Annapolis.

SECTION 85. The Commissioners shall keep, at its office in
the City of Annapolis, books of record, in which shall be re-
corded all leases, assignments and other conveyances of land
to be used for the planting or cultivation of oysters in accord-
ance with this Act. A set of clear and simple forms, for all
subsequent conveyances of any kind, shall be prepared by the
Board, with the advice of the Attorney General, and no title
shall be vested in any lessee or transferee of any interest or
estate acquired under this Act until the conveyance or convey-
ances evidencing such leases or transfers will have been re-
corded in the office of the Board of Shell Fish Commissioners.

SECTION 86. The Board of Shell Fish Commissioners shall,
as soon as practicable, after the passage of this Act, cause to be
made a true and accurate survey of the natural oyster beds,
bars and rocks- of this State, said survey to be made with refer-
ence to fixed and permanent objects on the shore, giving courses
and distances, to be fully described and set out in a written re-
port of said survey, as hereinafter required. A true and accu-
rate delineation of the same shall be made on copies of pub-
lished maps and charts of the United States Coast and Geodetic
Survey, which said copies shall be filed in the office of the said
Commissioners in the City of Annapolis ; and the said Commis-
sioners shall further cause to be delineated upon copies of the
published maps and charts of the United States Coast and
Geodetic Survey, of the largest scale one copy for each of .the
counties of this State in the waters of which there are natural
oyster beds, bars and rocks, all natural beds, bars and rocks
lying within the waters of such county, which maps shall be
filed in the office of the Clerks of the Circuit Court for the
respective counties, wherein the grounds so designated may lie.

Report of the Board of Shell Fish Commissioners 217

The said survey shall be made by the hydrographic engineer
employed by said Board, as provided in Section 84 of this Act,
acting under the direction and control of the said Commis-
sioners. The said natural beds-, or bars, shall be marked by
buoys, which shall be known as State buoys.

SECTION 87. The Governor of this State is hereby requested
to ask the assistance of the United States Coast and Geodetic
Survey, and of the United States Fish Commissioner, to aid in
the carrying out of the provisions of the preceding section.

SECTION 88. The County Commissioners of each and every
county in this State, in which there are natural oyster beds,
bars or rocks, shall be authorized to appoint some resident of
their said county, who is well acquainted with the situation and
location of oyster beds, bars or rocks in the waters of such
county, who shall aid the said Board by furnishing any infor-
mation he may possess, concerning the situation and location of
recognized oyster beds, bars and rocks in the waters of such
county, and who shall aqcompany the said Commissioners and
the hydrographic engineer appointed by said Board, but only
within the limits of his county, in the making of the survey of
the natural oyster beds, bars and rocks, as provided by this Act,
the said appointee to receive a compensation of Five Dollars
per day when actually so engaged.

SECTION 89. As soon as practicable after the first day of
April, 1906, the said Commissioners shall organize and shall at
once proceed, with the assistance of such person or persons as
may be detailed by the United States Coast and Geodetic Sur-
vey, and the United States Fish Commissioner, to aid them in
their work, and of such persons as may be appointed under the
preceding section, to have laid out, surveyed and designated on
the said charts, the natural beds, and bars, and shall cause to be
marked and defined as accurately as practicble, the limits and
boundaries of the natural beds, bars and rocks, as established
by said survey, and they shall take true and accurate notes of
said survey in writing, and make an accurate report of said
survey, setting forth such a description of land marks as may be
necessary to enable the said Board, or their successors, to find
and ascertain the boundary lines of the said natural oyster beds.*
bars and rocks, as shown by a delineation on the maps and

218 Report of the Board of Shell Fish Commissioners

charts provided in this Act ; said report shall be completed and
filed in the office of the Board in the City of Annapolis, within
ninety days after the completion of the survey of any county.
Said Commissioners shall cause the same to be published in
pamphlet form, and transmit copies of the same to the Clerk of
the Circuit Court for their respective counties, where the charts
have been filed or directed to be filed, as hereinafter provided ;
the said report to be filed by the Clerks of the several counties
in a book kept for that purpose. And the said survey and re-
port, when filed, subject to the right of appeal hereafter pro-
vided for in this Act, shall be taken in all of the Courts of this
State as conclusive evidence of the boundaries and limits of all
natural oyster beds, bars and rocks, lying within the waters of
the county wherein such survey and report are filed, and shall
be construed to mean in all of the said Courts that there are no
natural oyster beds, bars or rocks lying within the waters of the
counties wherein such report and survey are filed, other than
those embraced in the survey authorized by this Act, and that
all areas of the Chesapeake Bay and its tributaries within the
State of Maryland, not shown in the survey to be natural oyster
beds, bars or rocks, shall be construed in all the Courts of the
State to be barren bottoms, and open for disposal by the State
for the purpose of private planting or propagation of oysters
thereon under the provisions of this Act; provided that the said
survey and report shall not be so construed as to affect in any
manner the holdings by citizens of this State in any lot which
may have been appropriated or taken up under the laws of this
State prior to the approval of this Act.

SECTION 90. The said Board, in defining the natural beds
and bars, shall exercise its judgment liberally in favor of the
natural beds and bars, and allow a reasonable margin of the
barren bottoms, rather than encroach on a natural bed or bar.
The natural beds or bars shall be bounded by straight lines,
even though some portions of barren bottoms may thus be
necessarily included within such lines.

SECTION 91. If residents of any county, exceeding twenty-
four in number, shall, within four months after the filing of said
survey and report in such county, file in the Circuit Court for
said county a petition, in writing, attested by the oath of some

Report of the Board of Shell Fish Commissioners 219

one or more of the petitioners, alleging that five or more adja-
cent acres of oyster beds, bars or rocks, in such county, have
been omitted from such surveys, or that five or more acres of
barren bottoms have been included in such survey and designat-
ing the location of same by a plat, or as near as may be with
reasonable certainty by such land marks as will locate and des-
ignate the beds alleged to have been omitted or included, a
Judge of the Circuit Court for the said county, after due no-
tice given to the Board of Shell Fish Commissioners, shall
proceed to hear testimony and decide the case, as provided in
the succeeding section, but this section shall not apply where
the ground claimed by the petitioners has been legally taken up
prior to the approval of this Act.

SECTION 92. Upon hearing a case presented by petition under
the preceding section, the Judge shall determine the question
whether the ground referred to in said petition is a natural bed
or barren bottom, and his finding on said question shall be final,
and shall be entered upon the records of the Board of Shell
Fish Commissioners in their office in % the City of Annapolis,
and properly marked on the copies of the plate as hereinbefore
required.

SECTION 93. Such amended survey shall be filed in the offices
of the Clerks of the Circuit Court for the counties in which the
original surveys hereinbefore provided are required to be filed,
and when so filed, shall be conclusive evidence in all the Courts
of this State as to whether the area embraced therein is or is
not a natural oyster bed, bar or rock.

SECTION 94. Whenever a petition is filed in the Circuit Court
for any county, as authorized in Section 91 of this Act, the par-
ties so petitioning shall deposit Twenty-five Dollars, to be
returned to the petitioners if the Judge shall determine in favor
of the petitioners, but if the Judge shall determine adversely to
the petitioners, then said sum to be applied, so far as necessary,
to the payment of costs incurred in the proceedings under said
petition, and the balance to be returned to said petitioners.

SECTION 95. The said Board shall be authorized to call to
their assistance the County Surveyor of any county, whenever
in their judgment his assistance is necessary, and shall pay him
for his services such compensation as is authorized by law for
his services in other proceedings.

220 Report of the Board of Shell Fish Commissioners

SECTION 96. The Board of Shell Fish Commissioners shall
cause an accurate survey of and delineation upon the maps and
charts aforesaid of all bottoms of the tributaries of the Chesa-
peake Bay where grass- grows and it is profitable to scrape for
soft shell or shedder crabs, and shall have such bottoms prop-
erly designated by permanent objects on the shore, as provided
hereinbefore for natural oyster beds, bars and rocks, which said
crabbing sections shall be exempt from leasing for oyster
, culture.

SECTION 97. One of th^e steamers of the State Fishery Force
shall be kept in commission under the command of the Deputy
Commander and subject to the control and direction of the
Commissioners from the first day of April in each year, until
the first day of October following, to assist the Board in the
performance of the duties imposed upon it by this Act, and the
Deputy Commander in each of the several districts of this State
shall also be subject to the control and direction of the said
Commissioners during the closed season for the taking and
catching oysters with rakes and tongs, during the time the said
Commissioners shall be engaged in the respective districts in
locating natural oyster beds, bars and rocks-, and shall give the
said Commissioners every assistance in their power.

SECTION 98. After the survey provided for herein shall have
been completed, it shall be the duty of the Board of Shell Fish
Commissioners to lease, in the name of the State of Maryland,
tracts, or parcels, of land beneath the waters of this State,
whether within the limits of the counties, or elsewhere, in the
area to be opened for oyster culture, according to the provisions
of this Act, provided that no tract so leased, if situated within
the territorial limits of any county in this State, shall contain
less than one acre of land, and if situated in any other place, no
tract so leased shall contain less than five acres. It shall be the
duty of said Commissioners to require that the tracts so leased
shall be as nearly rectangular as is convenient. It shall be the
duty of the said Commissioners to demand from each lessee
payment of the rent each year in advance. No person shall be
permitted, by lease, assignment, or in any other manner, to ac-
quire a greater amount of land than ten acres situated within
the territorial limits of any of the counties, or one hundred

Report of the Board of Xlicll Fish Comuiisxioncrx M

acres in any other place. Leases shall be made only to resi-
dents of Maryland. The term of such leases shall be twenty
years, and the annual rent reserved to the State shall -be one
dollar per acre for each of the first two years of said term of
twenty years; two dollars per acre for the third year; three
dollars per acife for the fourth year; four dollars per acre for
the fifth year ; and five dollars per acre during the remainder of
the term. If any part of the rent reserved under such leases
shall remain unpaid for more than six months, after the same
becomes due, such lease or leases shall be declared void, and
the land shall revert to the State, and may be leased again in
accordance with the provisions of this Act. The said Commis-
sioners may at the request of any lessee, if it shall appear
equitable so to do, upon the cause shown in writing, cancel his
lease as to the whole or a part of the lands leased.

SECTION 99. In case the survey provided for by this Act shall
not have been completed within one year from the passage of
this Act, then it shall be the duty of the Board of Shell Fish
Commissioners to begin the leasing of barren bottoms in the
manner, and upon the terms provided in the preceding section,
provided that such leasing shall then commence only in those
areas in which the survey provided for in this Act shall have
been completed.

SECTION 100. For a period of four months after the said
survey shall have been completed, or after any area shall have
been opened to leasing under the preceding sections, citizens of
Maryland, residing in any part of the State, who, at the time of
the completion of said survey, or at the respective times of the
opening for oyster culture of several areas, as the case may be,
may be owners of land having a water front upon any part of
the said areas so opened to oyster culture, shall have the exclu-
sive right to rent any land opened to oyster planting under the
provisions of this Act, adjacent to their lands. And for an
additional period of six months, after the expiration of the said
period of four months all boatmen, residents of this State, who
shall be engaged in the business of dredging, scraping or tong-
ing for oysters at the time of the completion of the said survey,
or at the respective times of the opening for oyster culture of
several acres, or if said survey shall be completed, or the said

I'l'i* Ifcport of the Hoard of Shell Fish Commissioner*

areas shall be opened to oyster culture during the closed season
for dredging, scraping or tonging, as the case may be, then
the persons so engaged at the end of the last dredging, scraping
or tonging season, shall have the like exclusive right in the
order of their respective application, as the same may be re-
ceived and opened by the Commissioners, to rent any adjacent
lands, provided that in no event shall any such land owner,
boatman or any other person, be permitted to rent x>r acquire
more than ten acres, or one hundred acres, as the case may be,
dependent upon the situation of the land which is leased or
acquired; and provided further, that no such riparian land
owner, as is mentioned in this section, shall be entitled to rent
the amount of ten acres, or one hundred acres, as the case may
be, unless the water front of the land so owned by him, if front-
ing on water within the territorial limits of a county, be at least
two hundred yards, or if fronting on waters in any other place,
be at least seven hundred yards. The owners of land having
a less water front than is mentioned above shall be entitled to
rent a proportionately less amount of land, dependent upon the
length of the front upon water within county limits or else-
where.

SECTION 101. Blank forms of application shall be furnished
upon reasonable charges, to be prescribed by the Board of Shell
Fish Commissioners, to any person desiring the same. All such
forms shall be printed and shall be substantially in the follow-
ing languages: Application for a lease to the Board of Shell

Fish Commissioners of Maryland. The Application of

, a resident of County, in the

State of Maryland, respectfully shows that he is a resident of
said State ; that he wishes and intends to use the grounds here-
inafter described for planting or cultivating oysters. He there-
fore requests that said Board lease to him, in the name and on

behalf of the State of Maryland acres of ground located

under the waters of the State of Maryland, which ground is
more particularly described as follows, to wit: (Describe here).

Dated at , Maryland, this .... . .day of

.... A. D. , Applicant.

SECTION 102. When the period of ten months" will have
elapsed after said survey shall have been completed, or after the

Report of the Board of Shell Fish CominixxioiK.'rs 223

lands beneath the waters of any area shall have been opened to
leasing under Section 99 of this Act, the Board of Shell Fish
Commissioners shall endeavor to lease the remaining portions
of land so open to oyster culture under the provisions of this
Act to applicants who shall be residents of Maryland, in the
order of their applications as received and opened by said
Commissioners.

SECTION 103. Any person who may desire to plant and cul-
tivate oysters in the area hereinbefore designated shall file with
the Board of Shell Fish Commissioners an application substan-
tially in the form prescribed in Section 101 of this Act. The
applicant shall indicate plainly the location of the land he
desires to lease. The application shall be sworn to before a
Justice of the Peace of this State. A fee of five dollars shall be
paid by the applicant to the Board of Shell Fish Commission-
ers at the time of filing the application, which fee shall be
returned to the applicant if his application shall be for any
reason declined.

SECTION 104. If such applicant be a resident of the State of
Maryland, and if no objections to the issuing of the lease asked
for in any such application be filed with the Commissioners
within the period of thirty days after such application is made,
or as soon as any objection that may have been filed to the
granting of such lease will have been finally overruled by said
Commissioners, the said Commissioners, upon payment by the
applicant of a further fee of two dollars and a half, in addition
to the fee of five dollars, which is to accompany his application,
shall cause to be entered in a book or books to be known as "The
Register of Title to Oyster Lands," the name of the applicant,
with concise but clear description of the land applied for. A
survey of such land at the expense of the applicant shall be
made by the Board before the entry, if, in its opinion, said sur-
vey is necessary to an accurate description thereof. The pay-
ment of the proper fees due for the application and the record
in the register required by this section to be kept, shall consti-
tute between the State and the applicant the relation of land-
lord and tenant for the term of twenty years, from the record
of the lands so applied for as aforesaid, at the annual rentals
provided in Section 98 of this Act.

24 Report of the Board of shell /-V*// C

SECTION 105. The relation of the landlord and tenant, stated
in Section 104, shall have all the incidents attaching to that
relation as the same exists tinder the laws of Maryland, except-
ing only the following particulars : First, the only remedy of
the State for non-payment of the rent of oyster lands shall be
the strict enforcement of the provisions set forth in Section 98
of this Act. Upon the non-payment of any rent for the time
therein mentioned, it shall be the duty of the Board of Shell
Fish Commissioners, after a written notice of not less than ten
days to the lessee, to declare the lease vacated by stamping the
word "Void" in distinct letters across the description in the
register; second, land leased under this Act shall be used only-
for the purpose of planting and cultivating oysters; third, no
right shall exist to redeem or purchase any land of the State
so leased; fourth, any other modifications caused by the pro-
visions of this Act.

SECTION 106. The Commissioners shall at once notify the
lessee of the record in the register required by Section 104, and
the lessee shall, as soon thereafter as practicable, not exceeding
thirty days from the receipt of said notice, cause the ground
designated as leased to him to be plainly marked out by stakes,
buoys or monuments, under the supervision of the Commis-
sioners. At least four of such stakes, buoys and monuments
shall have the initials of the lessee plainly marked upon them,
and such stakes, buoys or monuments shall be at all times dur-
ing the existence of said lease continued by the said lessee or
his legal representative.

SECTION 107. This Act is not intended to apply to any lands
owned by private persons, the bounds of which extend below
low water into or beneath the waters of this State. This Act
shall not be so construed as to apply to any creek, cove or inlet,
less than one hundred yards in width at its mouth at low tide.

SECTION 108. Any person who has, prior to the passage of
this Act, lawfully appropriated or taken up any land in this
State, for the purpose of planting, bedding or cultivating oys-
ters thereon, may become a lessee of said land for the term of
twenty years from the passage of this Act, with all the inci-
dents, including the payment of the rents of the leases contem-
plated by this Act, provided such person gives written notice to

Report of the Board of Shell Fish Commissioners 225

the Board of Shell Fish Commissioners of his intention to
become such lessee within six months after the passage hereof.
The holding of any person who may have appropriated any
such land shall become void and of no effect in law, upon the
expiration of the said period of six months from the passage
hereof, if no such notice of intention will have been given
within said period of six months.

SECTION 109. The lessee of any land leased for the purpose
of planting and cultivating oysters shall have exclusive owner-
ship of and title to all oysters planted by him or existing on
the land leased.

SECTION 110. No assignment or transfer of any interest
acquired by this Act shall be valid for any purpose if made to
a non-resident of this State. If any such assignment is at-
tempted to be made, all interest of the grantor, or assignor,
shall revert to the State as if no lease had ever been made. If
any assignment of any interest created by this Act is attempted
to be made to any corporation or joint stock company, all the
interest of the grantor or assignor shall revert to the State as
if no lease had ever been made. If any assignment of any in-
terest created by this Act- is attempted to be made to any per-
son in such a way that the assignee shall become the holder of
more than ten acres, or one hundred acres, as the case may be,
according to the location of land leased under this Act, all
interest of the grantor or assignor, in case of such an assign-
ment, shall revert to the State as if no lease had been made.

SECTION 111. It shall be lawful for any tonger, between the
15th day of April and the 15th day of May in any year to take
oysters from such natural beds or bars in the tonging districts
of the Chesapeake Bay and its tributaries, as the Commission
may mark out for that purpose, and under such regulations as
said Commission may from time to time prescribe; provided,
however, that said oysters may be sold only for the purpose
now permitted under existing laws of Maryland, during the
season of the year above mentioned ; and in addition thereto, to
persons engaged in ' the industry of planting and cultivating
oysters within the area designated by this Act, the same to be
delivered only upon lands which may have been leased under

226 Report of the Board of Shell, Fish Commissioners

the provisions of this Act for such purposes of planting or
cultivating.

SECTION 112. It shall not be necessary for any holder of
oyster land under this Act to take out any license for dredging,
scraping or tonging oysters on any land so held by him, and
oysters on such land may be taken in any manner and at such
times as may be desired by the holder of such land as allowed
by the existing laws of this State.

SECTION 113. Any person who shall wilfully and without
authority take or remove oysters from any land leased under
the provisions of this Act, or shall wilfully injure or interfere
with the oysters of such land in any manner, or injure the
oysters thereupon situated, or remove, alter or interfere with
the stakes, buoys or monuments marking the same, shall, upon
conviction thereof, for the first offense, be sentenced to impris-
onment in jail or in the penitentiary, in the discretion of the
Court, for not less than three months and not more than two
years, and for the second, or any subsequent offense, be sen-
tenced to imprisonment in the penitentiary for not less than
two years and not more than five years.

SECTION 114. Any person who shall work a dredge, scrape
or pair of tongs, or any other implement for the taking of
oysters upon any land leased under the provisions of this Act
without the consent of the lessee or owner, or who shall, while
upon or sailing over any such ground or bed, cast, haul or have
overboard any such dredge, scrape or pair of tongs, or other
implement for the taking of oysters, under any pretense or for
any purpose whatever, without the consent of such lessee or
owner, upon conviction thereof, shall, for the first offense, be
fined not less than fifty dollars, nor more than two hundred
and fifty dollars, in the discretion of the Court, be imprisoned
in jail, or in the penitentiary for not less than three months,
nor more than one year, or shall be both so fined and impris-
oned, and for the 'second, or any subsequent offense, shall be
sentenced to imprisonment in the penitentiary for not less than
two years nor more than five years.

SECTION 115. Any person who shall make his boat fast to
a State buoy, or remove the same, or in any manner interfere
therewith, the same shall, in the discretion of the Court, upon

Report of the Board of Shell Fish Commissioners 227

conviction thereof, be sentenced to the penitentiary for a term
of not less than one year or more than two years.

SECTION 116. In addition to other penalties herein provided,
any person convicted of a violation of this Act under either of
the three preceding sections, shall be, and is hereby, denied
the right to take out any license to dredge, scrape or tong for
oysters in any waters of this State, for the period of three
years after said conviction.

SECTION 117. It shall be the duty of all officers and mem-
bers of the State Fishery Force to arrest persons violating this
Act, and to patrol such waters of the Chesapeake Bay and its
tributaries as they may be directed by the Board of Public
Works to patrol, for the purpose of preventing violations of
this Act.

SECTION 118. The revenues arising from the operation of
this Act shall be applied in the following manner: First, to
the payment of all salaries, expenses, surveys, outlays and dis-
bursements authorized by this Act ; second, the balance, if any,
to be paid at the end of each year into the Treasury of the
State, leaving, however, a balance at the end of each year of
Ten Thousand Dollars with the Board of Shell Fish Commis-
sioners, to be applied to the current expenses of its office for
the ensuing year. All moneys so paid as aforesaid into the
Treasury of the State shall be placed to the credit of a special
fund, called the "Special Road Fund."

SECTION 119. The Board of Shell Fish Commissioners shall
annually prepare and publish in pamphlet form a full report of
its transactions during the year prior thereto, as well as a
statement of the operations of this Act, and an account of the
receipts and disbursements hereunder. The said report shall
also contain a detailed statement of the lands leased under this
Act, with the names of the lessees. The said Commissioners
shall also in its report make such recommendations as it may
deem proper concerning further legislation or changes in the
present oyster laws, and shall present the said report to the
General Assembly of Maryland.

SEC. 2. And be it enacted, That this Act shall take effect
from the date of its passage, and all laws of Maryland incon-

228 Report of the Board of Shell Fish Commissioners

sistent with this Act shall be, and the same are hereby, re-
pealed.

Approved April 2d, 1906.

V

THE GREAT SEAL

EDWIN WARFIELD,
OF

Governor.

MARYLAND.

JOSEPH B. SETH,

President of the Senate.
CARVILLE D. BENSON,
Speaker of the House of Delegates.

State of Maryland, Set. :

I, Thomas Parran, Clerk of the Court of Appeals of Mary-
land, do hereby certify that the foregoing is a full and true
copy of the Act of the General Assembly of Maryland, of which
it purports to be a copy, as taken from the Original Law
belonging to and deposited in the office of the Clerk of the
Court of Appeals aforesaid.

In testimony whereof I have -here-
unto set my hand as Clerk, and affixed
SEAL. the seal of the said Court of Appeals

this 23d day of May, A. D. 1906.

THOMAS PARRAN,
Clerk Court of Appeals of Maryland.

Report of the Board of Shell Fish Commissioners 229

JURISDICTION.

Chapter 711 of the Acts of 1906 has no application to the
natural oyster beds and bars located in the waters of the State
of Maryland, except to provide for their survey and delineation
upon maps and charts of the United States Coast and Geodetic
Survey of the largest scale and providing a copy for each of the
counties of this State in the waters of which natural beds, bars
and rocks are located as set forth with great detail in said Act
and subject to the right of appeal as therein provided, the action
of the Shell Fish Commission shall be conclusive evidence of
the boundaries of all natural oyster beds, bars and rocks. All
the areas of the Chesapeake Bay and its tributaries and the
waters of the State within the State of Maryland not shown in
said survey to, be natural oyster beds, bars or rocks shall be
construed in all the courts of the State to be barren bottoms,
and it is with this part of the land owned by the State and
covered with water that the Act above referred to applies as
well as to land lawfully appropriated or taken up for the pur-
pose of planting, bedding or cultivating oysters thereon as pro-
vided in Section 108 of the Act.

EXTENT OF HAMAN LAW PATUXENT RIVER LEGIS-
LATION.

And as to the said barren bottoms and land lawfully appro-
priated under the Five Acre Acts, Chapter 711, of the Acts of
1906, is the only law regulating the rights of citizens of Mary-
land to become lessees of the same, providing the terms and
conditions upon which they may plant and cultivate oysters,
with the exception of the provisions of Chapter 367 of the Acts
of 1906, which pretends to legislate in reference to the lands
under the water of the Patuxent River in Calvert County. This
being a local law for that river in Calvert County, somewhat
similar in its provisions to the general law above referred to
known as the Haman Bill, it is at least very doubtful whether

230 Report of the Board of Shell Fish Commissioners

its effect would be to interfere with the provisions of Chapter
711 of the Acts of 1906, and may have to be finally determined
by the courts.

PRIVATE OWNERSHIP AND RIPARIAN RIGHTS.

One of the questions of considerable interest to land owners
bordering on the waters of the State is as to the extent of their
rights on the shore. Section 107 of this Act provides that it is
not intended to apply to any lands owned by private persons
the bounds of which extend below low water into and beneath
the waters of the State, it being the intention of the Act to
protect the rights- of land owners under old grants from the
State prior to 1862 who may have acquired the right from the
State to any land covered by navigable water. It is believed
that the extent of this private ownership is very small, but
whenever it does exist and the title can be established, the
rights of the owner are exempt from the operation of this Bill
to the extent of their holdings. Chapter 129 of the Acts of
1862 expressly prohibits the right to issue any patent to
land covered by navigable water, and the rights of land
owners bordering on the shore of the navigable waters of the
State, with the possible exception above referred to, extend to
high-water mark and the land covered by water within the ebb
and flow of tide to high- water mark belongs to the State and is
the subject of lease under the provisions of this act.

Another question of interest akin to this is where a tract of
land lies adjacent or contiguous to a navigable river or water,
as to the interest of the owner of the land in any change in the
shore line and the rule adopted by the Commission which is in
conformity with the decision of the Courts is that any increase
of soil gained from the sea either by alluvion, the washing up
of sand and earth so as in time to make terra firma, or by dere-
liction, as where the sea shrinks back below the usual water
mark, in these cases it is held that if this gain be little and little
by small and imperceptible degrees it shall go to the owner of
the land adjoining, and that the ownership of land may be lost by
erosion or submergence, the one consisting of the gradual eating
away of the soil by the operation of currents and tides and the

Report of the Board of Shell Fish Commissioners 231

other by its disappearance under the water and the formation
of a navigable body over it, and the reason for the rule allowing
the owner of the land to claim all that is acquired by alluvion
or dereliction is to make up for the possible losses he may sus-
tain by the sea encroaching upon his holdings. In one case
brought to the attention of the Commission a grant of 2,000
acres of land under a patent issued in 1867 was found by a
recent survey to contain only 1,850 acres, the waters on the
shore of this property having by imperceptible degrees en-
croached on the owners during that long period until one
hundred and fifty acres of land was apparently under the navi-
gable waters of the State, and it was held that the owners'
rights could not extend below high-water mark as it now exists.