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IMEP #34
The Sound School Regional Vocational Aquaculture Center
Coastal Structures Energy Pathways and Habitat Change
New Haven’s Lost Natural Oyster Beds 1904-1916

Habitat Information for Fishers and Fishery Area Managers
Understanding Science through History
(IMEP Habitat History Newsletters can be found indexed by date on
The Blue Crab.Info™ website: Fishing, Eeling and Oystering thread
And Connecticut Fish Talk.com Salt Water Reports)

Timothy C. Visel, The Sound School Regional Vocational
Aquaculture Center, New Haven, CT 06519
July 6, 2010
Sound School Adult Education and Outreach Program

Timothy C. Visel, The Sound School – GreenFest, June 4-6, 2010, 17 Sea Street, New Haven, CT.- Original Presentation

New Haven’s Lost Natural Oyster Beds – Account of George McNeil, son of J. P. McNeil of The McNeil Oyster Company, 50 South Water Street, New Haven, CT

The Ecology of New Haven’s Oyster Beds
The New Haven Lions Club – October 6, 2011

Climate Change and Oyster Fisheries of New Haven, Connecticut
A presentation for the New Haven Museum July 14, 2013 Energy Pathways and New Haven Lost Natural Beds

Modified for Capstone-: Can we Locate Copies of the Oysterman and Fisherman for a more complete review that includes a full discussion of the three New Haven breakwaters and natural bed designation case.
Foreword:
New Haven’s Oyster Industry rapidly expanded during a warm and quiet period 1880-1920, but it collapsed as the climate turned much colder and stormier in the 1950s and 1960s. It is assumed that the demise of the New Haven Oyster Industry then was entirely from pollution (it didn’t certainly help) but regional and historical evidence now points to a much colder climate period known as The North Atlantic Oscillation. Although many manuscripts and articles talk about the conflict between the New Haven oyster growers and the natural growth harvesters, the initial difference was caused by a loss of seed oyster setting capacity on “natural beds”. By the time the conflict escalated, the primary reason was soon lost-- even though so would in time the New Haven Natural Oyster Beds be lost..

Introduction – Tim Visel

In the 1980s I had known George and Catherine McNeil since high school and as I returned to Connecticut from Cape Cod in 1983 my interest in the oyster fishery grew. I was starting to write up the Oyster River Project in Old Saybrook as each year oyster sets improved. But shellfish surveys kept finding buried shell bases and leaves in all stages of decomposition. In one of my many meetings, George McNeil produced some old papers and bulletins from the turn of the century talking about New Haven’s Natural Beds. In 1985, two years later Jack Milkofsky, the Town of Old Saybrook Sanitarian and the person who supervised any field work for the University of Rhode Island for the Old Saybrook Study. Once local approval was secured by First Selectwoman Barbara Maynard, Jack Milkofsky provided both equipment and supervised the field study for the Department of Aquaculture and Animal Sciences; it was finishing up in 1985. *At first my graduate committee was reluctant to approve field studies—The University of Rhode Island had distinguished itself in life cycle and nutritional sciences regarding the culture of Atlantic Salmon. My work to my knowledge the first for shellfish field research. The harbor was very different in the 1880s, the west side was open for before the filling that created the band for what is Route 9 today. When I pulled out the old map of the natural beds, Georges eyes lit up, he was amazed that such a map still existed, but there they were—two large red areas in New Haven- natural beds. This map in its entirety was just reprinted by the University of Connecticut Spring/Summer 2014 of Wracklines™ on page 17, a huge (red) area can be plainly seen indicating a where a “natural bed” was.

It was Mr. Milkofsky who located the linen map of the 1889 Bureau of Labor Statistics showing the location and extent of Connecticut’s Natural Oyster Beds. It was quite a map—78 inches long and 32 inches high. All the states’ natural beds were in red including two large red areas on the west of New Haven Harbor.

George just stared at the map recognizing features of the Harbor, long since gone by construction that claimed some of the McNeil Oyster lots themselves. By the time Route 95 came by, those areas inside the harbor had become soft and nonproductive, so opposition from the oyster industry –what few remained there was small. That is when Mr. McNeil told me to take notes, for about how New Haven had lost some of the best natural oyster beds in the United States- he felt forever changed by the New Haven breakwater construction and the division between two groups- the oyster farmers and the natural growth seed harvesters who sold them the set (seed) to grow. This paper is really about his observations about the industry related to me over three decades ago, not me entirely but he was adamant that the story “be told.”

Abstract - The New Haven Harbor breakwaters would involve the Connecticut Natural Growth Oystermen’s Association and local oyster companies in a long, bitter conflict over silt and leaves floating down the Mill ad Quinnipiac Rivers. George McNeil, son of J.P. McNeil, one of the original oyster companies on South Water Street, then called “Oyster Point,” became involved in an effort to reclassify New Haven’s natural oyster beds, a huge natural bed from south of Long Wharf to the shore of West Haven. Clearly designated as a natural bed (and therefore not subject to lease or grants) this area once set heavily for oysters (1881). Natural Growthers, depending upon the strength and vitality of the oyster set, would sell seed oysters from it to the “oyster planters” those who had deeded acreage to private lots. George McNeil commented that after powerful storms according to family history, some production beds in New Haven would be covered in sand and a total loss, while other areas contained large areas of sand blasted shells, eroded bottoms with shells clean and rounded. It appeared that the oyster shells were in a modern day “rock tumbler” and he believed that this was caused by the shells rolling along the bottom, driven by storm waves. While some areas were buried, other areas were cleaned. (It is interesting to note that some oyster companies, in search of shell, years later often visited these buried beds to harvest the shell underneath, but often found incredibly dense sets of the hard shell clam Mercenaria instead.)

Epilogue and Additional Research Question
Looking back and taking into account what we known today about climate and energy cycles, New Haven’s three breakwaters did influence the setting capacity of its once natural oyster beds. Once the breakwaters were built, they accomplished what they were designed to do, break the energy of powerful storms that damaged New Haven harbor wharfs and shore. People did not realize (except perhaps natural growthers, such as J.P. McNeil,) that the same energy that was so destructive was in fact a part of cyclic patterns of habitat succession in the marine environment. Energy (storms) could end on habitat clock as well as start one. They (the oyster industry) looked at each year one at a time, waiting for an inshore natural set that would never come.

Where the natural beds lost to New Haven? Yes they were lost as in a way that on open energy pathway could provide periodic washes and redistribution of countless reshuffles of the harbor floor. With the breakwaters built this energy pathway was forever altered. A colder climate would compound New Haven’s oyster future also as the NAO turned negative, colder polar air accompanied winters delaying spring water warming making the oyster sets come later, and many years not at all. A gradual painful decline now awaited the New Haven growers; one by one they went out of business and the last City Point Oyster Company. That would be the McNeil Oyster Company who entered with cooperative agreements in Clinton, Mumford and Quiambaug Coves further east.

Additional Capstone research question: It would be interesting to find if somewhere a similar energy altering impacts to oysters, once firm/hard bottoms when energy was reduced turned soft and mucky. Look for long railroad causeways across bays; they are there in many states.

New Haven’s Lost Natural Beds

According to George McNeil, his father J.P. McNeil noticed a change in the inner harbor. After the outer breakwaters were built, the natural oyster bed failed, it silted over. Oyster sets were few and non-existent on the once prolific Oyster Point natural bed. The oyster companies wanted to take it over, clear the silt and prepare the beds for spat falls (setting). The Natural Growthers objected, stating and rightly so, it was declared natural bed and against the law to lease it, which it was. It became a source of conflict between two groups that depended on each other over the ability to remove the silt and leaves, George McNeil’s father felt it was from the breakwaters which had prevented “stirring,” a natural process to dislodge silt from seed beds each spring. The oyster companies had the equipment to remove the silt following the breakwater construction and the Natural Growthers (mostly tongers) did not. Legislation was submitted and eventually public hearings were held in Hartford in which hundreds of Natural Growthers packed the hearing rooms in opposition the change of designation from natural to ground that could be designated to others.
Two items that George reviewed: The North Atlantic Oscillation reference is my reflection.

1. In the late 1950s with decades of poor oyster sets and many violent storms and hurricanes, oyster companies converted to hydraulic hard shell clamming. Years of searching out cultch for oyster culture provided habitat history of clam areas – good hard shell clam sets. Hard shell clam sets after hurricanes were immense created vast deep water whole clam beds when the wet dredge was introduced in 1958 for hard shell clams the remaining oyster companies knew precisely where to clam. They had seen these dense beds while oystering.

Oyster companies, nearly all from New Haven claimed that they had the equipment to make the bed once more productive, and remove the silt (or in fact replace a lost energy pathway). The conflict went on for years but by legislative act, finally the New Haven natural bed was reclassified as no longer natural and leased to the oyster companies. The real reason, silt and lack of storm energy to clean the shells were lost in the ownership of the then capitalization issue but the real issue was energy and silt and leaves.

2. George McNeil opposed the transfer as his father (J. P. McNeil) had years before, but in the end all the oyster companies received a slice of the New Haven natural oyster bed. After the 1915 designation, the Natural Growers and organized oyster growers (often called planters) caused a conflict that would become known as Connecticut’s Oyster War. It lasted for a bout two decades until 1935 – by then the last of the oyster companies moved seed oysters to New York for growing conditions. The 1938 hurricane devastated the Connecticut oyster industry which had grown so quickly during the great Heat 1880-1920 would perish during the North Atlantic Oscillation of the 1950s, a colder and storm prevalent period. Temperature and energy would add a new dimension beyond these two opposing groups – a habitat war- which was governed by nature, not by them.

The History of City Point
The Beginning of Connecticut’s Oyster War
George McNeil’s Account 1980s
Reference Material – Tim Visel

Oysters need clean substrate upon which to grow. Scarcity had created the incentive to farm oysters to assure supply and satisfy demand three decades earlier. At first seed oysters were purchased from southern areas, mostly Chesapeake Bay but to increase seed oyster supply here, experiments began to grow Connecticut seed and trial error shell planting had began in New Haven Harbor in the 1870s and 1880s. Careful timing of the placing of clean oyster shell made the practice very successful. Too early and the shell was covered in slippery marine algae and oyster spat couldn’t attach, too late and the young oysters had perished for want of a suitable setting substrate. Oysters that attached themselves to shell surfaces were called set.

By placing shells out on firm bottoms, huge oyster sets could be attained, much more than natural recruitment. Natural oyster sets were dependent upon similar habitat parameters, surviving veliger stage “spat” and substrate upon which to set but only occasionally had great sets. Shells could become fouled or buried and most of the sets occurred upon sandy bottoms after a storm or bottom shifting of shell fragments called chips. According to George McNeil some of the heaviest natural sets occurred on jingle shells driven into shallow waters by a strong summer storm. They would collect between sand bars and had often intense sets. Shells too close to shore could set but that seed often was washed upon the shore in late fall. Winter ice would kill this exposed oyster set. Oyster beds also created their own new shell surfaces by growth and this helped sustain general bottom sets into oyster reefs years later. Over time oyster growers realized the negative impact of silt had upon reducing spat falls and developed methods to reduce silt burial – a practice called stirring. Stirring occurred by dragging a dredge frame or iron bar mop over the shells. This caused turbulence and washed the silt off shells while turning or flipping the shells. Beds that were stirred once a week for two weeks before spat falls caught significantly more seed oysters from shelling without this cultivation. This practice according to George McNeil worked up for up to two stirrings, any more than the set was not appreciable enhanced. Stirring became equated with soil cultivation, in fact some of the harrows for land were modified to pick up buried shell or deeply scratch the buried shells to surface – where it could “catch a set.” Other practices included thinning and replanting seed oysters several times and eventually movement to growing grounds those areas which provided fastest growth. That involved iron frame drags called oyster dredges.

Because of the work expended upon private grounds and the absence of work on public grounds differences in productivity became widely known. In 1970, almost a century after oyster culture started this feature was highlighted by Dr. George Mathiessen (1970) in his Review of Oyster Culture and The Oyster Industry of North America and includes this in a quote on pg 42.

“A public fishery clearly reduces the incentive on the part of the individual oystermen to develop good management and conservation practices, since others who have not devoted the same time and energy are equally free to share in whatever benefits may be derived. Furthermore, any research in oyster culture that is to be of local practical value is restricted to techniques adaptable to a public fishery. In Florida for example, this has taken the form of construction of oyster reefs, and of channeling the reefs in an effort to improve growth rates. Although such programs may be of some benefit, at public cost, the oysterman remains essentially a hunter rather than a farmer.”

In the same publication a reference to Clyde MacKenzie, Jr. (although not named) was confirmed in a conversation to me in the 1980s that the biologist mentioned in the report was in fact, him. His research first at the US Fish Wildlife Service and later at NOAA Marine Fisheries was almost entirely devoted to the management of natural oyster beds and his recommendation made in 1970 has held up past the last four decades and it remains unchanged.

“In the opinion of one biologist, if such techniques were adopted, hatchery production would, and should, be purely supplementary to natural recruitment. By placing greater emphasis upon management of natural beds, oystermen could expect a far greater return from natural reproduction, and at considerably less expense than through hatchery operations. Management policies would include a) proper preparation of setting beds, which would include elimination of predators, i.e., starfish and oyster drills, and removal of silt immediately before and after setting, b) careful monitoring of larvae to determine both when and where the cultch should be spread, c) the use of dock-dried shell, rather than recently dredged shell, as cultch, d) the systematic control of predators once setting has occurred, and e) transplantation of the young oysters in early spring as a means of preventing mortality by siltation. It is estimated that, as a result of these practices, the current volume of production from Long Island Sound could be increased 100 fold. Hatcheries would be held on a standby basis, to operate only in those years when natural reproduction failed.”

The comparison between hunting/gathering or farming is in effect an effort to produce habitat stability, in this case commercialization of natural resources based upon agriculture; therefore the difference in oyster setting capacity was quickly observed by the industry. Records of production from individual areas proved without a doubt that such cultural practices increased oyster setting. What ensured was a division in the ability to prepare the beds or productive areas. It was not that different than the current debate of clear cutting forests of the last century as compared to “tree farming.” Oyster growers came to adopt agriculture practices and procedures long associated with agriculture husbandry. The public beds did not have these practices and were not prepared for oyster setting. Therefore, they did not obtain as many or as intense oyster sets as private beds. These areas were often in close proximity making direct observations possible. The conflict between the oyster growers and natural growthers intensified as the production of New Haven seed oysters declined. The gathering concept as purely resource depleting came to describe the natural growthers; that was unfortunate and I feel, from frustration. This view was largely incorrect as the concept of annual great sets was not natural as defined by the ecology and life science of oyster itself; that kind of great sets every year was not natural. A rapid population increase would also serve to increase predators. The reef concept of oysters dictated an eventual collapse as illustrated by George McNeil (see publication #33): A Review of Fisheries Histories for Natural River Oyster Beds.

Few oyster growers referred to them as reefs, the tops had never to any reports broke surface due to ice scours as contrary to southern accounts. But the natural beds should be considered low profile reefs and share many of the characteristics of oyster populations world-wide; they grow in response to erosion and deposition parameters. Erosion coastal energy starts the habitat clock and deposition or burial ends it. To keep ahead of burial and energy loss oyster populations “reef up” and over time created deep accumulations of shells called the shell base, bank or bar. Oyster growers soon turned to these “shell banks” to harvest oyster shells for replanting on seed oyster beds. When oyster culture began and shells were needed, oyster growers looked at the natural beds as a source of both shells and future seed oysters for the expanding oyster aquaculture industry. That is when on the natural beds were depleted at the same time subject to increased sedimentation.

According to George McNeil only the heaviest of oyster dredges could dislodge oyster shells from the natural beds which once the living oysters were cropped from the top was a very hard firm surface below. Shell fragments filled voids to form a matrix of tightly packed shells sorted by wave action. Thus the areas of natural beds were in fact hard packed cropped reefs – with shell accumulations sometimes many feet deep. Waves and storms could dislodge the shell fragments called “chips” but not the tightly packed shells. Only the most severe storms could do that. After winter storms rolls of chips from the beds would be cast upon the shore. Mr. McNeil felt it was the chips upon which the great oyster sets occurred. Sometimes chips would have a set and when washed into marshes, referred to them as thatch oysters. By the time oyster culture started and oyster dredging on the natural beds became constant reef profiles declined and flattened. Shells dug up from such areas could be hundreds if not thousands of years old. To mitigate shell loss oyster shell planting occurred on private setting beds but no such activity was in place on the natural beds which were subject to continual shell loss.

A bitter feeling still was held by many New Haven residents to what could be called the first oyster war waged by people living outside of New Haven. People who use to descend upon the river natural oyster beds and wiped them out. A passage from the US Fish Commission Bulletin (Clark) references this passage first described earlier by Ernest Ingersoll. The natural beds were opened by New Haven local ordinance but harvested by all Connecticut residents. A church bell would ring in the oyster season as described below.

“The fishing was done mainly for each man’s supply, and nobody paid much attention to any regulation of it beyond the close time in the summer. The law was off on the first day of November and all natural beds in the state became open to any person who wished to rake them. In anticipation of this date, great preparations were made in towns along the shore, and even for twenty miles back from the seaside, boats and rakes and baskets and bags were put in order. The day before, large numbers of wagons came to the (New Haven) shore from the back country, bringing hundreds of men, with their utensils. No eye could see the great face of the church clock on the hill, but lanterns glimmered upon a hundred watch dials and were set down as only a coveted minute remained. There was a hush in the merriment along the shore, an instant calm, and then the great bell struck a deep toned peal. From opposite banks navies of boats leaped out and advanced toward one another through the darkness as though bent upon mutual annihilation. Before the twelve blows upon the loud bell had ceased their reverberations, the oyster beds had been reached, tongs were scraping the long rested bottom and the season’s campaign upon the Quinnipiac had begun.”

Some areas of the natural beds could not sustain shell loss and became less productive. It could be said that the largest productive areas were in fact the oldest and had the deepest shell base. Natural oyster beds that were only a few hundred years old could be stripped of much of it usable shell in a few decades. Chips or shell fragments could move and were driven on shore after the most severe of storms. This still happens on the shores adjacent to the Sound School. The chips still wash up in a wrack line in front of the Sound School Anderson Building; you can still see them there today.

The Portland Gale of 1898 according to George McNeil’s recollections, is said to have driven such a shell wrack several feet deep onto beach areas in the Morris Cove creek section. It is also interesting that the following summer 1899 sustained one of the largest oyster sets of all time. Major accumulations of shell could be redistributed over a period of years and the abundance of chips (shell fragments) could be instrumental in oyster reef development offshore as it was in rivers. To harvest shells impacted on such reefs required a heavy dredge and teeth that were designed to scrape the bottom (this had to do with the angle of the teeth) like a harrow, which was termed a hard bottom dredge. Softer bottoms or planted bottoms had a lighter dredge sometimes equipped with an angled bar no teeth or very small teeth. Hand hauled oyster dredges also were modified the same way, hard bottom dredges could “bill” or cut tightly packed oysters, and damage many oysters. The bottom line was that “shell dredges” and “harvest dredges” were different.

On some beds George McNeil noted that oyster dredges often “broke through” the shells to hit a layer of soft muck below. In some areas below they would hit large reef oysters all dead but shells still paired and these were called “stools”. George surmised that some event a flood or a storm had suddenly buried the bed, killing the oysters but over time the bed had reestablished itself over the previous one. He had hit many areas such as the one described above. He also thought that oysters had diseases and that one of the reasons CT oyster growers planted their own shells and cultivated their own seed oysters that so many of the “southern plants” decades ago had suddenly died and when his father ran the business certain southern rivers had “do not buy” designations decades before it was known oyster diseases existed then and could be spread by transplants.

As shells became scarcer, an entire industry developed around the “mining” of buried shell (mostly from deeper river natural beds) such as from the Housatonic River to replace harvest and seed oyster operations in the offshore areas. Although significant, the amount of planted shell quickly created shortages.

It soon became apparent that huge source of shell would be needed to sustain the rapid growth and magnitude of the New Haven oyster industry by 1900. The natural oyster beds had deep accumulations of shells desperately needed by the oyster growers but fiercely protected by the natural growthers and by legislation against power dredging on the natural beds. The so called oyster wars wasn’t really about oysters it started off as a conflict about the foundation of the oyster industry – the ability to procure and plant clean shell to get a set.

In the 1980’s George McNeil told me about this time period of New Haven’s oyster industry and conflict with what is referred to as natural growthers. What started as a public policy conflict escalated into a struggle between two types of oyster harvesters, those who harvested oysters from public “natural beds” and those who farmed them on controlled privately held bottoms.

Mr. McNeil felt that the construction of New Haven’s navigational breakwaters had impacted the energy to clean and sustain natural beds, as did his father, thus the conflict had a biological, not political footing. It did however become political and legal involving at least one court case and many legislative efforts. Below is the account as best I can describe it with the materials provided by George McNeil many years ago.

At the turn of the century both the East and West shores of New Haven Harbor contained hundreds of acres of natural oyster beds. These shallow water areas had deep accumulations of sand and mixed oyster shells. Centuries of natural oyster sets had left shells in some places tens of feet deep. The natural beds were just that - natural sets of oysters in brackish areas provided protection from the full salinity predators of the oyster drill (snail) and the starfish offshore. These areas obtained fresh water at low tides keeping such predation limited – dependent upon rainfall. Periodic fresh water flows also to some extent kept higher salinity oyster diseases in check which George McNeil (and others) felt was about a 30 year cycle in Connecticut.

Sets upon the natural beds had been harvested for quite some time, first by Nature Americans and later as subsistence food for long winters then finally as a business. An industry developed around these natural beds – the collection of seed oysters to be sold to oyster growers. Oyster growers would culture them growing to adult size and selling them. Individuals who harvested seed oysters were called natural growthers. Natural growthers were just not in New Haven but fished statewide, mostly New Haven west as natural oyster beds were outside of every major river in western Connecticut. When the supply of seeds oysters to the Connecticut growers from the Chesapeake ceased during the Civil War they looked to produce their own seed oysters. Natural growthers fulfilled this need, he kept the growers in business..

George’s father John McNeil had started as a natural growther and with hard work been able to build a successful oyster business at Oyster Point - City Point today. The McNeil oyster business was located about where The Sound School cafeteria is today – 64 South Water Street. Because Mr. McNeil had been a natural growther he realized that a great many people depended upon them. A good oyster set was prosperity not only for the oyster growers but for the seed oystermen also. Natural growthers dredged the natural beds (sail only) or tonged them in shallow waters. Boat loads of set and seed oysters were sold to the growers who tended the seed until mature, thinning them cut, transplanting them to fattening grounds. While New Haven oyster growers cultivated oysters on underwater farms each would purchase seed oysters from the natural growthers. Some but not all would go into the business of producing their own seed oysters. One of the best sets occurred in 1884, the highest one being in 1899.

A few years after the outer New Haven Harbor breakwaters were built – (1893 to 1898) the sets on the natural beds in New Haven began to fail, shells were covered in silt and leaves and could not catch a set. Planted and cultivated beds nearby – got sets but they were turned and stirred – a process of flipping the shells, removing silt washing of leaves and exposing buried “black shells” to setting oyster larvae. It soon became apparent that the natural beds were failing and New Haven oyster companies looked at the New Haven natural beds to expand seed oyster production. As a public fishery no such preparation was done to these areas, relying instead upon natural conditions for a successful oyster set. As years went by and the natural bed became less productive, friction occurred as oyster growers would harvest “blank” shells from the natural bed to plant on private grounds. Natural growthers saw this as destroying the public fishery. Oyster growers responded by claiming the beds ability to get a set was now gone. This started the conflict of harvesting the shells at night. George later would learn from others that his father had studied the places he used to fish and found the beds covered with heavy layers of silt, much deeper than he had seen when he harvested the area. Mr. McNeil mentioned to others that waves were much reduced since the completion of the outer navigational breakwaters. The oyster companies welcomed the protection of the breakwaters but they did not make the connection to a loss of coastal habitat energy to declining natural bed sets. In fact, George McNeil stated that the expansion of Oyster Point was made possible by the break waters, that Oyster Point was a rough place unprotected for docks. The success of the oyster planters at the time the ability of planting shell and obtaining seed made the New Haven oyster growers less dependent upon the natural growthers which now at night attempted to return shells back to the public beds from private grounds thus began the natural growth oyster war. The loss of coastal energy from the construction of the breakwaters had been replaced by a different energy pathway – the growers and cultivation schedules.

Nearly a century has passed since the beginning of this conflict. In one of my many meetings with George McNeil he wanted to set the record straight about the New Haven natural oyster bed from an old oyster map – I was surprised at first to learn of natural oyster beds in New Haven. Then George pulled out an old map showing the later designations in the outer harbor, here that was once all natural bed. It was an old State of Connecticut oyster bed map from the 1930s. It showed leased areas north of the New Haven breakwaters. Years later I would obtain similar maps which showed the same area as a state designated natural bed (1889). He also gave me an old newspaper – Oystermen and Fisherman – it contained a letter to the editor from his father, he wanted me to have it; from what George knew one of the oyster companies SealShipt supported a vague claim to a designation of a private ground in the natural bed – commonly referred to as the Button case. The 1910 oyster map clearly show the designation as lot #083 protruding deep into the natural bed. Apparently this claim was put forward to cloud the designation of the entire natural bed in court. It was supposed that if the Button designation was upheld that would open the entire area to designation, it was not and the court ruled in favor of the natural bed designation. Mr. McNeil wrote passionately again that the attempt to cloud the designation of the natural bed with such a claim and the court agreed. The effort to redesignate the natural bed has started in 1907 as the Button claim, the same year claims were made that revenue from oyster grounds needed to be increased. Therefore the “oyster war” conflict started in 1907 not in 1915 as is often mentioned in recent New Haven oyster history journals.

The text of JP McNeil letter is found here.

Communicated – Oyster and Fisherman, March 1915

In a recent issue of the Oysterman and Fisherman there appeared an article concerning the decision of the Supreme Court in the case of the Keister appeal from the decision of the Connecticut Shellfish Commission. Mr. John P. McNeil, of New Haven, CT has the following to say concerning the article:

“The Oysterman and Fisherman: Gentlemen: There are a lot of facts connected with this case which I believe will be interesting to your readers and beg leave to give them in the columns of your valuable paper.

“It appears from the finding of the trial court that neither Button or any other of the twenty nine grantees ever staked or buoyed out the lot as required by the statute, or even planted or cultivated any shellfish thereon or paid taxes thereon or took possession or exercised any act of ownership over it other than to have its designation recorded in the New Haven Oyster Grounds Record. Button died in 1905 and the lot is not mentioned as part of this estate. In 1907 the boundaries of the lot were marked for the first time by buoys and this was done by the surveyors of the Shellfish Commission. In 1911 the widow of John M. Button, by written assignment, attempted to convey her interests in the lot to the Sealshipt Company. It is also found that for forty years prior to 1907 and during each year all of the natural growth oystermen, including for many years the petitioner, gathered oysters from the lot and claimed the right to do so, and the right had never been questioned or disputed and that Button himself, in company with his son and other oystermen gathered oysters from the lot, treating it as a part of the natural oyster beds. “Now gentlemen, these are in facts and a great many oystermen would be glad to know the true points as this case has been in the courts for number of years. I might mention while writing that I now have my dredger boat, Sylph on the railways at West Haven, installing a new engine and making other repairs. I am looking forward to a busy season. “With every good wish for your success, I am yours very truly,

John P. McNeil”

Not to be dissuaded the oyster companies continued to press claims against the New Haven natural beds and accelerated shell removal from them. Natural growthers continued to take the shells back at night and any seed oysters to be sold to growers in Bridgeport and Norwalk. George told me a sense of dread pervaded South Water Street on foggy nights. The New Haven growers asked the other companies further west not to purchase seed oysters from the New Haven natural growther, which was agreed to as much as possible, except the McNeil Oyster Company. The relationship between the New Haven oyster planters and natural growers would now reach new lows. A relationship between growers and natural growthers always somewhat strained but soon made it unwelcome to tie up at New Haven docks except at the McNeil Dock. Many relocated to Bridgeport and Norwalk. A history of oyster sets would now start weight heavy on the New Haven growers. (A history which unfortunately is not being kept.) (See Adult Education publication #8 Oyster Setting in New Haven Harbor.) As the sets continued to fail here in New Haven this time because of chemical contamination, a widely held belief, the need of seed oysters became more desperate to the New Haven oyster growers who soon sought legislative relief in the Connecticut General Assembly.

John Volk provided a history of oyster sets to me in 1982 – as the oyster sets began to fail, mostly in New Haven as a result largely suspected was to the waste products from war time factories the need of seed oysters became paramount, a new legislature effort – Connecticut General Assembly attempted to remove the designation from the natural bed statutes, this was strongly opposed by the natural growers. As Europe was drifting in to World War I a different kind of war broke on along New Haven’s shore – an oyster war. Natural growthers, small independent oystermen who had sailed and harvested from the public oyster beds against the private oyster companies who were very powerful and according to George had many friends in the legislature. Calls came out to boycott all New Haven Natural Growers, George’s father refused, those families needed the income of which many were friends, etc. This would alienate him from the oyster companies (SealShipt and several oyster companies who supported the Button and claim Mrs. Button also lived on South Water Street) who was next door and it could be easily claimed that the “seed oysters” were in fact taken from other New Haven companies. Natural growthers took every opportunity (foggy nights) to settle the dispute themselves. It was largely felt that some seed oysters were in fact “purchased several times.” The situation soon got of control and call went out for shellfish police. This wasn’t totally unknown; in fact a watch house had to be built at the end of sandy point known as the beach over a McNeil Company bed. Here oyster companies including the McNeil Company hired watchmen with lanterns to walk the barrier spit at night to keep poachers off the grown out beds. But this soon became an all out attempt to scrape all the private oyster company lots clean of oysters and sell them to Norwalk and Bridgeport growers.

Only the McNeil Company kept buying seed oysters but this wasn’t the first time they were different. Mr. McNeil had also hired a black man named Moses Price, and had given him a full share (wage). This upset a number of people according to George, but Moses became one of the most valued oyster company employees. George also admired him, and when sickness befell a crew number, it was Moses who brought the man his pay – the McNeil family regarded him as their most trusted and valued employee. George also had extremely positive things to say about him and Moses’ cooking ability, which is according to George, was a legend on South Water Street. One thing that George told me-- and his demeanor changed when he told it-- a man's worth is in his work and deeds, and then he told me that until last century a racial term which described oysters was now considered offensive and was strictly banned at the McNeil business. Anyone making any racist remarks, slang or comment was reprimanded or fired. This was to respect Moses, and it had according to George, angered some people in which he had business dealings.

So this wasn’t the first time as Mr. John McNeil himself (George’s father) was once a natural growther who also became a planter/grower upset some others. When the letter to the editor came out, of which George wanted me to have a copy, relations on South Water Street toward “frosty.” It was now an open secret that the McNeil Oyster Company stood alone with the natural growthers in this dispute.

The natural growthers did not sit by and soon charged the oyster companies miracles growth due to massive under reporting of production oysters and largely avoiding paying taxes. The natural growthers pointed to the huge and prosperous rise of the H. C. Rowe Company founded decades earlier, some 60 years ago and one time operated some of the largest oyster harvesting vessels of all time. The natural growthers had legislative supporters and a battle ensured in the CT legislature over taxes paid by the oyster companies. It was a serious charge and one that had the oyster companies testifying before the legislature about the charge and fending off new tax legislation. To George McNeil the real issues were pollution of New Haven Harbor itself and the need to clean and reshell the natural beds. The same year that his father wrote the letter to the editor about the Button case two bills would be filed (1915) that had enormous implications for the oyster industry, they were Senate Bills #247 and 376 and were openly opposed by oyster growers. A quote from a lengthy article is found below.

“Six or seven years ago, a movement was started to increase the revenue from oyster grounds to the state. This was based upon the fact that the oyster grounds of Connecticut did not yield nearly as much income to the State per acre, as the oyster grounds of Rhode Island did. This has been shown repeatedly to be an entirely superficial and meaningless comparison because even at the rates charged in Rhode Island, Connecticut planters removed their business from Connecticut to a large extent and preferred to pay the rates in Rhode Island because grounds were so much superior (note superior was a term that also included and less threat of disease closures) But even in this case, later developments have proved that the rental in Rhode Island were far too high because the industry in Rhode Island has proved unable to carry these burdens and is now depressed and it rapidly decreasing as is that in the State of Connecticut.

Although the foundation for this claim was entirely superficial and unworthy of consideration, nevertheless it has remained a foundation for a constant crusade against the oyster growers of Connecticut, and during the past six or eight years the Connecticut oyster growers have been compelled to defend their interests in the legislature, session after session and have been obliged to prove sometimes to more than one committee in s single session, that the measures proposed for the purpose of exacting an unjust revenue from the oyster growers were impracticable, unjust and against public policy.

The same questions have been tried out session after session and uniformly rejected, and yet they are again brought before the legislature.”

The charges were serious and did gain the legislatures committees and for several years legislation was submitted that the oyster companies opposed. This action deflected the state taking an active role with its natural oyster beds. Local town grounds under municipal control fared little better according to Mr. McNeil, in times of great sets harvest restrictions caused huge losses in sets of time of set scarcity the beds weren’t cleaned and prepared for setting. The industry soon realized its future was directly connected to seed beds – and could maximize setting potential by careful cleaning and shelling – a form of agriculture but little of that could be attributed to the natural beds so the conflict that ensured soon mirrored those of modern times in regards to common resource management, putting back or habitat enhancement or resource depleting – the hunting/gathering versus husbandry debate.

George McNeil was definitely in the area of a rising tide raises all boats and suggested a shell tax on a per bushel basis to go into a shell cultch fund. In that way shells could be banked for lean years and deployed to even out the sets. This view was if everyone paid their fair share, the state would support such a shell (cultch) program. But that idea instead got stuck in a war of words which quickly became a war of laws. Some of my first shellfish management plans contained this per bushel fee. He would talk at great length what a wonderful industry it was, employment and economic activity associated with it. This period in his view was dark side to the oyster industry and one that few researchers even today acknowledge. With the coming of World War I and the war effort the oyster industry declined as pollution increased. Several lawsuits were filed by the oyster companies against the pollution but they lost these lawsuits. Public opinion had definitely turned against the industry Mr. McNeil believed over the oyster war issue. They had grown tired of the endless debates and arguments and the annual fights in the legislature.

In the end, calls went out to boycott all seed oysters purchases statewide but the Norwalk and Bridgeport planters refused. The New Haven Oyster growers took the case back to the legislature which after a few years of poor or no sets took on added urgency, also the stealing at night had become so bad everyone had to dispatch watchmen. A watch house at the end of Sandy Point had been built over the McNeil Oyster Company lot #125.

After this point the dates need to be confirmed but according to George legislation was submitted several times to overturn the natural bed laws, each time large number of natural growthers would turn out to protest and the bill was not approved. The last time so many people came the hearing was postponed because of safety, etc. All were told of the next hearing date was posted just the afternoon before – the oyster companies received telegrams as to the time and date of the hearing but the public (natural growthers) did not get such a notice. When the hearing resumed according to George only the oyster companies were present along with affidavits from police on thefts and stealing from the oyster growers from private grounds and the bill was approved and several natural oyster beds were lost to the natural growers as a result. An article in the Oysterman and Fisherman tells about the attempt and opposing from the natural growers.

Oyster Notes
North, East, South and West

“South Norwalk, CT – At a meeting of the Norwalk branch of the Natural Oyster Growers’ Protective Association, the plan contemplated in a bill now before the legislature to lease natural growth oyster beds under the jurisdiction of the State of Connecticut, was vigorously denounced.

It is said if the bill is passed it would work a hardship for scores of local small oystermen, as private individuals would get control of the natural growth beds. A determined attempt will be made to defeat the bill, and considerable interest is being manifested as to the outcome.” Oyster Notes – South Norwalk, Conn. The Oysterman and Fisherman, Page 19, March 12, 1915.

According to George every oyster company got a slice of the New Haven natural bed. George claims no signature was on the lease for McNeil Oyster Company it just arrived from the state. He had always felt bad about it, in his mind justice had not been done and felt that the Rowe Oyster Company had been involved in this, they had been most vocal, etc.

He mused that the conflict existed for several years but more patrols and enforcement the war gradually subsided. But the sets didn’t get better they got worse. Although his father had targeted the breakwaters for causing the silt problem the oyster companies now had sewage and industrial pollution failures. It was also hot and some mornings the harbor smelled. Because of this they had secured clean grow out grounds in Rhode Island and New York requiring vast amounts of seed oysters to plant to sustain those operations which according to George had grown to be huge. With the supplies of seed oysters dwindling many New Haven based growers were facing financial ruin with operating and payroll costs from these regional operations (The McNeil Company did not do this but entered into contracts with small growers on the Cape and eastern Connecticut a new operation was in fact based in Clinton) with this the New Haven oyster growers asked for seed oysters from the Norwalk and Bridgeport natural growthers –they refused. The only company who could still purchase seed oysters was the McNeil Oyster Company.

George commented that when New Haven needed the local natural growthers the most they were gone because they had put them out of business – he commented, it’s like they shot themselves in the foot when they need them the most they were gone. In the end pollution and lack of seed oysters hastened the collapse of the New Haven growers. Western CT growers held out longer – supplied by the huge Bridgeport/Stratford natural oyster bed and of course the natural growthers. Eventually bacterial pollution would impact them also and then in 1960 a serious oyster disease stuck Connecticut, MSX. The storms of the 1950s and 1960s destroyed many productive grow out grounds sometimes covering them with several feet of sand.

In the end what both sides had fought so bitterly over failure to produce sets and the industry continued to decline.

George was convinced as his father was that bacterial pollution was at fault, but the first cause of declining sets was the breakwaters. Silt would become more problematic than predators, requiring constant energy (work) to maintain healthy oyster growing habitats. The breakwaters had blocked the energy, waves. George had seen this before in fact in back of the breakwaters then hard ground had turned sticky – a term to describe a plastic like mud – before the breakwaters such bottoms were firm or hard. An 1889 map of the oyster beds containing several notations of hard bottom. The habitats inside the breakwaters were failing for oyster culture.

In front of the breakwaters oyster culture continued for decades but what he had wanted (J P McNeil) was to have state involvement in preparing the natural beds to get a set, especially since they now had heavy siltation. No oyster company was willing to do it because it wasn’t assured it would directly benefit. (Common resource management issues still debated today) natural growthers harvested the set but did not maintain larger shell or cultch programs – often they realized the benefit but just didn’t have the vessels and equipment to store and plant millions of bushels or shells which the oyster companies had. George felt it was the state’s role that whatever cost involved the state could make upon fees and business generated by “the trade” as he used to describe it. The discussions I had in the 1980s with John Volk on a statewide program to clean and cultivated state and town natural beds in fact originated from these 1970s discussions with George McNeil. * See Note below

[Note – I was lobstering with my brother Raymond out of Clinton Harbor between 1970 and 1988. As such we kept our small Brockway skiff at J & J Lobster – formerly Petris Fish Market just a few hundred feet from Catherine and George McNeil, and as such we would frequently meet and talk as George would see us come in from lobstering; when we started seed oystering, George McNeil became a frequent dock side visitor and formed the basis in my oyster research today.]

As for the piece of the natural bed assigned to the McNeil Company George kept paying taxes on it but never planted shell or seed oysters on it. Instead in spite of much opposition it was left open to the natural growthers who wanted to fish it. The other oyster companies immediately complained that the McNeil Oyster Company had by allowing this given the natural growthers a license to steal from them. George’s response to me was that his father said any license to steal had their signatures on the bottom it – of course referring to the effort to remove its once public natural bed status. George said this was not the brightest time in the oyster industry history. George continued to suggest that the state should have a role in preparing, cleaning the silt and shelling the natural beds. It would be only 3 decades before a state program did happen. As for this history much of it now on line see Appeal of Keister, Supreme Court of Errors of CT Dec 21, 1914 SealShipt Oyster Company claiming title to the lot 083 under a previous designation date June 29th 1876 to John M. Button and 20 others. Mr. Button died on 1905 and said ground passed by title to Helen Button. Although the SealShipt Company is listed in the legal transaction it was widely known that this was in fact a proxy effort by HC. Rowe.

Information about the outer New Haven Breakwater construction can be found in the Annual Report of Secretary of War 1894, part 7 Breakwater Construction at New Haven Pg 70 United States War Dept 1894.

Open questions –

While George McNeil had the March 12, 1915 issue of The Oysterman and Fisherman – Vol. X11 Friday morning, March 12, 1915 No. 16 – the page 9 letter mentions something that I have not been unable to locate – communicated – “In a recent issue of The Oysterman and Fisherman there appeared an article concerning the decision to the Supreme Court in the case of the Keister Appeal from the decision of the Connecticut Shellfish Commission.”

I have not been able to locate any other issues of The Oysterman and Fisherman if a volume was one year as was the case volume 22 – would indicate a starting date of 1893 – at the beginning of the rapid expansion of the industry. It also appears to be a weekly the No. 16 is a high number for 3 months into the year. The publisher is listed A Journal of Seafood and Allied Industries, it lists itself as the official organ of the Oyster Growers and Dealers Association of North America and as such maintained a certain point of view. The court decision was certainly a blow to the oyster growers, except Mr. McNeil, who claims in his letter, its natural beds apparently a previous issue, had an article about it. George kept insisting that SealShipt Oyster Company was an agent or proxy of H. C. Rowe the largest oyster grower in New Haven and logically the firm with the most at stake. The previous article might have clues to this discussion. It was however common knowledge that anything that involved the oyster business in New Haven wasn’t reviewed first by Mr. Rowe, once the largest private oyster grower in the world.

Oyster Sets –

George continued to maintain that the great sets followed cold winters and storms. The New Haven Harbor configuration tended to funnel storms into the Harbor and even sandy point a barrier spit that divided New Haven Harbor into two pieces (very similar to Niantic Bay) itself picked up occasional good sets. An 1889 Bureau of Labor Statistics clearly shows the West Haven side from Oyster River to Oyster Point (City Point), and quite a ways into the West River containing natural oyster beds. The shore areas were colored red as natural beds. These areas as George recalled set very infrequently, to him if they had great sets every year, New Haven Harbor would soon be New Haven Land with the growth of the oysters. Instead he felt great sets were periodic and the growth of oysters a natural process. But, because of the nature of the oyster culture business needed seed every year; so much effort went to mimic storm conditions he felt nature has long provided those cleaned and tumbled shells he so often talked about.

They would see this: a sandy point which before the breakwater construction would occasionally split allowing the waves to hit Oyster Point making it a dangerous place for boats and expansion of the area was only made possible by reducing waves. But George felt that had back fired in terms of the oysters. The 1889 Labor Statistics map without the 1893 Breakwaters lists the bottom as hard. After the Breakwaters were built the hard bottom turned sticky or soft. Many harbors needed navigational dredging after Breakwater construction in the late 1890s. Coastal energy pathways had been significantly altered from the earlier storm period of the 1870s.

Habitat Enhancement/Creation

It remains to be seen if a lack of energy alone (Breakwaters) was the beginning of the oyster wars here in CT, certainly few would argue that the New Haven firms held the heart of the industry- a shortage of seed, from the New Haven inshore natural beds would share the fate of their river natural beds a century before. But few looked at the storms as a habitat renewal aspect, Mr. John McNeil did but he started as a natural growther and as such kept good records on “habitat quality” and according to George one of the first to notice the increase in silt. Fighting silt would become much of George McNeil’s last oyster business in Clinton, and would always leave me the phrase he coined silt is the largest enemy of oysters – not us. Some of the first oyster growers were keepers of habitat histories because they owned pieces of it and some of the best habitat accounts come from the oyster industry during this period. The accounts from storms – energy pathways and industrial practices or and manmade energy pathways (harvesting) may prove interesting in future fishery reviews.

For additional information on shellfishing, fisheries history, finfish habitat and marine technology, visit the Sound School website (www.soundschool/directory/html) for a directory of shellfish and more technology bulletins and papers.

For more information on the adult education and outreach programs at The Sound School, please contact: Susan Weber at susan.weber@new-haven.k12.ct.us or phone 203 946 6875.

Tim Visel – June 2010

The GreenFest History Presentation “New Haven’s Lost Natural Oyster Beds.”