OYSTER FISHERY LEGISLATION. 997 



provisions of doubtful practicability touching some of these 

 points have been re-enacted, so far as French offences 

 against English fishermen in the Channel are concerned, 

 the broad result is that no machinery exists for preventing 

 or punishing acts committed at sea, which would never be 

 tolerated for one moment within the three-mile limit. ( j ) 



The thirty sections contained in the Third Part of the 

 Sea Fisheries Act of 1868 regulate the relations of the 

 State with fishermen in regard to spawning beds. These 

 provisions relate only to oysters and mussels, together with 

 their brood, ware, spat, or spawn generally, by whatever 

 name designated. They apply to the territorial seas only 

 of Great Britain, with the exception of those of Ireland, 

 the Isle of Man, and the Channel Islands. 



The following procedure is adopted in order to estab- 

 lish protection. 



The promoters, having first given notice to the adjoin- 

 ing landowners, who may raise objections, forward a memo- 

 rial to the Board of Trade, praying for an order to protect 

 a certain portion of the bed of the sea. In reply, the Board 

 of Trade appoints an inspector to investigate, at some place 

 in the locality itself, the desirability of making an order, 

 and, influenced by his report, the Board either grants the 

 order or withholds it. If granted, the order must be pub- 

 lished in the district, and it does not prevail until it has 

 been confirmed by an Act of Parliament. If opposed in its 

 passage through the House, it will be referred to a Select 

 Committee ; but the Board of Trade has limited powers 

 subsequently to amend the order. The heavy expenses of 

 the memorial and Board of Trade fees fall upon the pro- 



(/) The Relations of the State with Fishermen and Fisheries, 

 &c. By C. E. Fryer. 



