Although few remember their former significance, oysters were one of the largest U.S. fisheries at their peak in the late nineteenth century. As the fishery industrialized on-and offshore, oyster farms and canning factories spread along the Eastern Seaboard, with overharvesting becoming increasingly common. During the Progressive Era, state governments founded new agencies to cope with this problem and control this expanding economy. Regulators faced a choice: keep elaborate conservation systems based on common property rights or develop new ones with private, hatchery-stocked aquaculture farms. The tradition-preserving solution won, laying the groundwork for modern oyster management.

The Aquatic Frontier explores the forms this debate took between 1870 and 1920 in law enforcement, legislative advising, natural science, and oyster cartography. Samuel P. Hanes argues that the effort to centralize and privatize the industry failed due to a lack of understanding of the complex social-ecological systems in place—a common dilemma for environmental managers in this time period and for fisheries management confronting dangers from dwindling populations today.

Who owns tidal waters? Are oyster beds common holdings or private property? Questions first raised in colonial New Jersey helped shape American law by giving rise to the public trust doctrine. Today that concept plays a critical role in public advocacy and environmental law.

Bonnie McCay now puts that doctrine in perspective by tracing the history of attempts to defend common resources against privatization. She tells of conflicts in New Jersey communities over the last two centuries: how fishermen dependent on common-use rights employed poaching, piracy, and test cases to protect their stake in tidal resources, and how oyster planters whose businesses depended on the enclosure of marine commons engineered test cases of their own to seek protection for their claims.

McCay presents some of the most significant cases relating to fishing and waterfront development, describing how the oyster wars were fought on the waters and in the court rooms—and how the public trust doctrine was sometimes reinterpreted to support private interests. She explores the events and people behind the proceedings and addresses the legal, social, and ecological issues these cases represent.

Oyster Wars and the Public Trust is an important study of contested property rights from an anthropological perspective that also addresses significant issues in political ecology, institutional economics, environmental history, and the evolution of law. It contributes to our understanding of how competing claims to resources have evolved in the United States and shows that making nature a commodity remains a moral problem even in a market-driven economy.