THE FISHERY INTERESTS OF AUSTRIA. 629 



respective waters is for the time being excluded by existing construc- 

 tions or from other reasons, exceptions may be allowed under protest. 



Proprietors of existing hydraulic works are obliged to permit the 

 construction of fish-passes, if, «, the government demands such con- 

 structions in the public interest ; or if, &, holders of fishing-privileges or 

 fishing-associations intend to establish such passes in the upper or lower 

 portions of the waters in question. 



These rules only apply to natural waters, but not to artificial streams 

 and to those hydraulic works which protect the lowlands against the flood 

 from outside. 



The proprietors of existing hydraulic works are to be fully indemni- 

 fied for any injury done to such works. No indemnity is paid for any 

 decrease in the value of the fisheries occasioned by the construction of 

 a fish-pass. 



The ground required for constructing a fish-pass must be given up by 

 the proprietor ; the full value thereof being paid to him. 



In the fish-passes, any kind of fishing is prohibited, (flfl 33 to 39.) 



The introduction into the waters of agricultural or industrial refuse 

 of such quality and in such quantities as to injure the fish is prohibited. 



In cases where the agricultural or industrial interests are of greater 

 value than the fisheries, the introduction into the water of any of the 

 above-mentioned refuse may be permitted by the authorities, provided 

 that measures are taken to limit the possible injury of the fish to the 

 smallest practicable amount. 



If, through existing channels, agricultural or industrial refuse of an 

 injurious character is introduced into the water to such an extent as to 

 destroy or seriously endanger the fish, the proprietor of the establish- 

 ments from which such refuse comes can, on the complaint of those per- 

 sons whose fisheries are injured, be obliged by the authorities, after the 

 case has been thoroughly examined, to make such arrangements as will 

 remedy or at least diminish the damage that has been done, without; 

 however, injuring his own establishment. The expenses of making such 

 arrangements are to be refunded to the proprietor of the establishment 

 by the complainants, (fl 40.) 



The rotting of flax and hemp in running waters is prohibited. Ex- 

 ceptions from this rule can be made by the local authorities, always 

 under protest, however, in such districts where the locality is not suited 

 for making rotting- pits, and where the use of running water for prepar- 

 ing flax and hemp is absolutely necessary for the time being. (Tf 41.) 



The immediate supervision of the fisheries belongs to the government 

 and local police-officers ; in association-districts, besides these, to* the 

 board of directors; in all inland fisheries not belonging to associations, 

 to each community within the limits of its own jurisdiction ; in both 

 cases under the superintendence of the local authorities, (fl 42.) 



The first draught of the law contained the following regulation in fl 43 : 



In superintending the operations, in carrying out the provisions of the 



