23 



The assumption that similar laws and consequent arrange- 

 ments would be suitable to both kingdoms, must have been 

 founded on the belief that the circumstances were similar. 

 From the allusion to ' Irish proprietors' it may be inferred that 

 the existence of common of piscary, a distinctive element in 

 the constitution of the Irish river fisheries, had been somewhat 

 overlooked. 



mon fisheries in Scotland, in as far as relates to the altering the close times in 

 different districts in that part of the United Kingdom ; the laws for the observ- 

 ance of the Saturday's slap; or opening in all cruives, engines, machines, 

 or devices ; the regulation of cruives, of mill-leads or courses, and the removal 

 of dams and obstructions in all rivers, streams, or waters.' Their report is 

 dated 30th June, 1836. As their recommendations were expected to guide the 

 adoption of measures for the benefit of the Irish salmon fisheries, they may be 

 compared with those actually enacted for or practically carried out in Ireland. 



THE SCOTTISH COMMITTEE REPORTED. 



' The only object of the close season being to 

 afford protection to the fish when they are 

 breeding, and during their state of exhaustion 

 consequent upon it, the legal close time ought 

 to coincide as nearly as possible with the period 

 so defined by nature.' Rivers vary considerably. 

 It would be advantageous to the general inte- 

 rests of the Scottish fisheries to have the fence 

 months regulated according to the various cir- 

 cumstances, instead of having one uniform sea- 

 son : and especially in Ireland, different rivers 

 have different seasons. 



1 That the Saturday's slap, or weekly close 

 time, ought to be strictly observed in the man- 

 agement of every engine in rivers or on the 

 sea-coast.' Its evasion, by 'certain novel modes 

 of fishing' on the sea-coast is reprehended. 



That 'increased facilities' for enforcing the 

 law as to encroachments by fixed engines near 

 mouths of rivers promptly, and at small ex- 

 pense, should be given. 



That general regulations, founded upon the 

 principle of the illegality of cruives (or traps for 

 taking fish in dam-weirs) should be made appli- 

 cable to all rivers on which more than one pro- 

 prietor has a right of salmon fishing. 



That ' much may be done by the owners of 

 mill-dams in favour of the fishing interests,' 

 without injury to the water-power; that the 

 course should be kept shut, when the mill is not 

 at work. The iron grating recommended in 1825 

 should be used, and the application of the 

 *' salmon-stair" to new dams be enjoined. 



That ' after the termination of the ordinary 

 fishing season, a further term of fourteen days 

 should be allowed to fish for salmon, under 

 certain restrictions, with the rod. Your com- 

 mittee are disposed to think that such a privi- 

 lege will have a material effect in interesting in 

 the improvement of the fishery the heritors 

 (landowners) upon the upper parts of rivers, 

 who chiefly possess the opportunity and power 

 to protect the fish during the breeding season.' 



MEASURES IN IRELAND. 



The close season has re- 

 mained uniform in Ireland, 

 although old acts of parlia- 

 ment recognise the variation 

 of rivers, and the Commis- 

 sioners have been frequently 

 urged to sanction departure 

 from rules not in unison with 

 the natural season. 



Provided for by the law 

 which it is practically easy 

 to evade, and difficult to see 

 enforced by parties above. 



The law for Ireland gave 

 facilities for increased en- 

 croachments. 



But few instances have oc- 

 curred in which the law of 

 1842 has been put in force to 

 regulate these traps. 



The act of 1842 embraced 

 these points ; but they have 

 been hardly at all fulfilled. 



This privilege was not in- 

 cluded in the act of 1842, nor 

 conceded until 1846. 



