Shellfish Regulation: Conservation and Discrimination

The economy of many coastal states depends heavily upon the shellfish industry. Shellfish such as lobsters and clams are an especially important marine resource for these states. In recent years, however, the supply of shellfish has experienced substantial declines. State laws that permit the harvesting of lobsters prior to sexual maturity, for example, have made the lobster industry dependent on the yearly additions to the lobster supply. The increasing demands for shellfish as well as the pollution of areas such as coastal clamflats have also contributed to the serious depletion of the shellfish resources in many areas. Despite the possible economic consequences of this depletion, the coastal states have neglected their responsibility for the conservation of shellfish resources. Various laws regulating shellfish resources attest to the absence of a coordinated plan to effectuate shellfish conservation. Many regulatory laws reflect the immediate demands of the native shellfish industry rather than the public's need for long term conservation. The competing interests and tensions between the demand for adequate conservation measures and the dangers of discrimination in response to local fishing interests present difficult questions for our legislative, regulatory and judicial branches of government. Shellfish regulation efforts must recognize both the need for effective conservation measures and the public's right of equal excess to fishery resources. This article, in two parts, surveys some of the problems and conflicts posed by diverse federal, state and local shellfish laws. The first part examines the demands on lobster and other inshore marine fisheries and the need for more effective conservation measures. The second part of the article illustrates the manner in which discriminatory laws may masquerade as conservation measures and infringe on the public's historical right to take shellfish for personal and family usage.