718 



THE SOVEREIGNTY OF THE SEA 



satisfied that such mode of fishing was injurious to any kind 

 of sea fishing within that part, or in order to make experiments 

 and observations to ascertain this, or for fish-culture ; and such 

 byelaw was not to be valid until it had been confirmed by the 

 Secretary for Scotland. Several byelaws under this Act were 

 made, prohibiting trawling within certain areas on the coast 

 of Scotland within the ordinary limits. 1 It may well be 

 questioned, in view of the definition of the "territorial 

 waters of Her Majesty's dominions " in the Territorial Waters 

 Jurisdiction Act, and of the "exclusive fishery limits of the 

 British Islands " in the Sea Fisheries Act, 1883, 2 whether these 

 powers were restricted to the three-mile limit and to bays 

 whose width was not greater than ten miles ; but it is note- 

 worthy that a byelaw with reference to the Firth of Clyde 

 was not confirmed by the Secretary for Scotland, presum- 

 ably because it was considered at the time to be ultra 

 vires. 3 



In 1889, however, an Act was passed which directly pro- 

 hibited trawling " within three miles of low- water mark of any 

 part of the coast of Scotland " (except the Solway and Pentland 

 Firths), and within the waters specified in a schedule annexed, 

 except in such parts as might from time to time be permitted 

 by byelaws of the Fishery Board; and the Board was further 

 empowered to forbid trawling within any area or areas in 

 the Moray Firth between Duncansby Head and Rattray Point, 

 which may be regarded as its headlands. 4 The waters specified 

 in the schedule included the areas closed under the then 

 existing byelaws, as well as a number of bays, lochs, and areas, 

 the most important of which was " the waters inside a line drawn 

 from Corsewall Point, in the County of Wigton, to the Mull of 



1 1st Feb. 1886, 18th April 1887, 25th April 1887, &c. Manual of Sea Fisheries 

 (Scotland) Acts and Statutory Bye-laws, pp. 253-257. 



2 See pp. 592, 643. 3 Ibid., p. 255. 



* The Herring Fishery (Scotland) Act, 1889, 52 & 53 Viet., c. 23. Section 7. (1) 

 "The Fishery Board may, by byelaw or byelaws, direct that the methods of 

 fishing known as beam trawling and otter trawling shall not be used within a line 

 drawn from Duncansby Head, in Caithness, to Rattray Point, in Aberdeenshire, in 

 any area or areas to be defined in such byelaw, and may from time to time make, 

 alter, and revoke byelaws for the purposes of this section, but no such byelaw 

 shall be of any validity until it has been confirmed by the Secretary for Scotland. " 

 The next section prohibits the landing or sale in Scotland of any fish caught in 

 contravention of the Act or byelaws. 



