34 THE FISHEHIES LA.TrS. 



TORPEDOES, DYNAMITE, &c. 



The nse of torpedoes, dynamite, or poisonous matter in 

 any waters is prohibited under a penalty. The prohibition, 

 however, does not extend to persons lawfully authorised to 

 explode torpedoes or dynamite. 



UNMARKETABLE FISH. 



It is made unlawful to sell, or expose for sale, or* be in 

 possession of any fish under certain specified weights. The 

 prohibition does not, however, extend to collectors, owners 

 of private fisheries, persons in possession of fish not intended 

 for sale, or aboriginals, under certain conditions. 



PRIVATE FISHERIES. 



It would appear that the position of a proprietor of land 

 in this Colony who had artificially admitted tidal waters- 

 over land of which he was the owner, is surrounded with 

 no little doubt, not only in his relation to the Crown but 

 also to the public right of fishery and navigation to which it 

 would seem that all Crown lands are subject before alienation, 

 and to which, even on alienation, such lands seem to con- 

 tinue subject, so far at least as they are within the influence 

 of the tides. An opportunity of relieving private landowners 

 from this uncertainty is afforded by the introduction of the 

 present Act ; and the provisions contained in Part III of it 

 represent an attempt to place the whole subject on a satis- 

 factory footing for the future. 



The private fisheries thereby authorised are limited to 

 tidal water fisheries. The admission of tidal water to 

 private property, through or over Crown lands {i.e., fore- 

 shores) is the characteristic feature of the private fisheries 

 contemplated by the ' Act ; and this appropriation of what 

 may be considered as one of the Crown's regalia, and the 

 necessary interference with the shore, and the jus xmhlicum 

 thereover, were considered as the circumstances which justified 

 the legislation proposed. 



The legal effect of a Kcense to establish a private fishery 

 is to vest in the grantee and all persons claiming under him 

 an exclusive right of stocking the fishery with fish of every 

 description (inclading crustaceans and molluscs), and of 

 taking all such fish so long as the license is in operation, i.e., 

 so long as the terms and conditions subject to which it is 

 granted l3e faithfully complied with. Moreover the licensee 

 is placed in a position to prosecute any persons who steal 



