652 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



thus, in Lower Austria, those for the lower part of the river March, 

 dated May 7, 1825, Z* 2739 ; those for the Danube of March 30, 1828, 

 Z. 10198, § 23, (both in the Lower Austrian collection of laws No. 29 and 

 No. 62.) The Styrian river police-regulations of October 9, 1826, section 

 IV, contain such paragraphs for the rivers Mur, Drau, Save, and Sann, 

 as well as special paragraphs regarding the other rivers and streams. 

 [Provincial Gesetz-sammlung 1826, vol. 8, page 228.) 



Among the special laws which relate to the fishing-privileges, and to 

 some extent also to the fisheries, the following deserve especial mention. 

 The ordinance of the Empress Maria Theresa of March 21, 1771, is 

 almost universally recognized as a binding law, though rarely carried 

 out in practice, (Gesetz-sammlung Kaiser Josef II., vol. 8, page 506.) 

 Referring to the ordinances of June 3, 1583, June 25, 1720, and June 

 12, 1728, this ordinance decides that no person is allowed to fish except 

 owners of the waters, and those who, having learned the fishing-trade, 

 have rented a privilege ; fish of all those kinds which reach a heavier 

 weight than one pound, such as pike, carp, &c, must not be caught if 

 they weigh less ; aud those which do not reach a heavier weight, such as 

 the perch, tench, &c., if they weigh less than one-fourth of a pound. The 

 catching of young fish with narrow meshed nets of any kind is con- 

 sidered injurious to the fisheries; very narrow meshes are forbidden; 

 their width shall not be less than one square inch ; only exceptionally 

 are smaller meshes allowed for catching very small fry to be used as 

 fish-food. The use of hook and line is only prohibited in shallow water. 



For fishing under the ice, a special permit is required. Forbidden fish- 

 ing-tackle will be confiscated, and all persons violating these regulations 

 will be punished in such a manner as the judge considers proper. 



The royal ordinances of July 18, 1819, Z. 21529, (Folitiache Gesetz- 

 sammlung, 1S19, vol. 47,) and of July 23, 1829, Z. 9827, prohibitthe use of 

 cocculus indicus and of nux vomica in fishing, and are in force in all the 

 provinces of Austria. 



For Lower Austria, a tractatus de juribus incorporations was prom nl 

 gated in 1679. It is contained in the Codex Austriacus, I, p. 599, and 

 partly also applies to other provinces, especially to Upper Austria. In 

 its tenth section it treats of the fisheries. Unlawful fishing is prohib- 

 ited bv several ordinances, such as those of May 9, 1799, and May 30, 

 1823. 



The inquiries with regard to the statistics of Lower Austria, made by 

 the agricultural district societies, have shown that in most parts of this 

 province the present arrangement of the fishing-privileges throws the 

 greatest impediment in the way of all progress. 



In some parts of the province, the domains rent their fishing-privi- 

 leges in several small portions, in order to keep themselves in possession 

 for the time being; for the division of privileges and disputes with the 



* Z., abbreviation for "Ziffer, " meaning figure, usually referring to the page of the 

 law-book. — Translator. 



