SALMON— ENGLISH FISHERY LAWS. 121 



fisli at mills and weirs was proliibited. Fish passes were to be erected over mill 

 dams, and free gaps and other restrictions were placed on fishing weirs ;* also 

 gratings were to be inserted before the inlets to canals during such time as the 

 young°of the salmon were descending rivers towards the sca.t Unclean, spawning, 

 and young tish were to be protected, and an annual close time was imposed 

 generally " throughout England and Wales between September 1st and 

 February 6th inclusive. A weekly close time was also enacted from noon 

 on Saturdays to 6 a.m. on Mondays, or forty-two hours. But anglers were 

 permitted to continue their sport for some time after net fishing had ceased 

 in order to give persons in the upper portions of rivers some chance of 

 capturing late fish, as now they are hardly visited by salmon except during the 

 breeding season, from too excessive netting in the lower waters. Spawners will 

 rarely take a fly, and as there are always some clean-run salmon in the river, this 

 auo-lino- can do very little injury, as unseasonable fish if hooked have to be 

 returned to the water. For the purpose of seeing the law properly enforced, 

 Inspectors of Fisheries w^ere appointed. 



Among other prohibitions was that against the employment of fish-roc for 

 angling or the possession of salmon-roe or unseasonable tish, and which rendered 

 the individual subject to a fine. 



Before long, however, certain defects in the Act became apparent, for, 

 although the sale of salmon during the close season was prohibited, still these fish 

 -were captured during this period and exported to France, M^here they obtained a 

 ready sale. So an Act was passed in 1863 which prohibited the export of any 

 salmon during the close season. Next, it was found that funds were necessary to 

 carry out the px'ovisions of the Act, and also local authorities to see such done ; 

 consequently, another Act was passed into law in 1865, which enabled the country 

 to be divided into fishery districts, placed under local boards of conservators 

 elected by the magistrates at Quarter-sessions. By licensing engines for the 

 capture of fish and assessing the rental of fisheries, funds wei-e raised for this 

 purpose. Then a tribunal was constituted of the Special Commissioners of the 

 English Fisheries for ascertaining what fixed engines were legal, in order to 

 diminish the expense of prosecuting offenders. In 1873, another amended Act was 

 passed, in which, in addition to the regulations as to the taking and sale of fish, 

 the issuing of licenses, the powers of water-bailiffs, and rules as to gratings and 

 fish-passes, it added representatives from fishermen who ply their trade in public 

 waters, and allows them to elect one member for every £50 license duty which 



and they are detrimental to the young of the salmon. Since then the Fresh-water Fishery Act 

 and amendments have become law. 



* Mr. Willis-Bund, Salmon Problems (page 10 et seq.), observed how the Act of 1861 practically 

 introduced the Irish salmon laws into force in this country, irrespective of the cliniatic 

 differences, and which has had a remarkable effect. The great rainfall and comparatively 

 uniform supply of water in Irish rivers had caused it to be enacted that salmon traps at mills 

 which captured ascending and descending fish, should only be used provided there was a fish pass 

 attached to the dam with a constant supply of water flowing through it. This proviso, which 

 was possible in Ireland, absolutely prohibited the use of most of those ancient rights in English 

 and Welsh rivers, where there were days in which no water could flow through the fish passes 

 owing to deficiency of rainfall. But the '2Gth section of this Act, also copied from that of Ireland, 

 does not work so well, as it provides that the sluices in any dam are to be kept closed when the 

 water is not required for the use of the mill, in order to send it through the fish pass. In large 

 rivers, with plenty of water going over the dam continuously, so as to occasion a strong current 

 which would bring up these tish to its base, it works well ; for were there no such provision the 

 miller could raise his sluices so as to allow the water to fall to below the level of the upper edge 

 of the fish pass, which would keep the salmon congregated in the pool below the weir, where they 

 could be readily captured. But in English and Welsh rivers, when no water is coming over the 

 pass, the fish become left in the pools with very little water, where they may be readily gaffed or 

 otherwise poached. This enactment also prevents the sluices being opened to allow descending 

 kelts to pass through the weir, for were this attempted the miller is liable to be fined. In fact, 

 in some dry seasons the only legal way to let these kelts descend would seem to be by hftmg them 

 over the weir. i- i i 



t Complaints are frequently made that constant labour is required at these gratings to keep 

 them free, so, instead of clearing away the rubbish, it is found easier to raise the grating a little, 

 and thus water, rubbish and fish go through together. This may be partially obviated by 

 employing double gratings, only one being lifted at a time. 



