26 



dence given as to the salmon fisheries of Ireland shows that, 

 with some great exceptions, their enjoyment is, in great 

 part, exercised by the public, or scattered into innumerable 

 private and conflicting interests.* The circumstances attending 

 this fact alter the entire bearings of the question ; and it is sub- 

 mitted, that the non-recognition of this distinctive difference, 

 and the consequent omission of such recommendations and 

 provisions as would lead from it, constitutes the fundamental 

 error in the subsequent measures and administration for the 

 improvement and regulation of the Irish salmon fisheries. 



In reporting on the Sea fisheries, the commissioners found it 

 would be necessary to deviate with respect to their control 

 from the self-managing principle, and to intrust a " responsi- 

 ble administrative board" with powers to frame rules adapted 

 to different localities. The right of interference where public 

 interests in the common use of the sea may be injured by 

 individuals is also duly recognised as necessary to be provided 

 for by the legislature, and the occasional need of the armed 

 powers of the executive to preserve the peace and maintain the 

 law is shown, and reference made to the employment of vessels 

 of war for that purpose on the coasts of Scotland. 



The Summary of Remedial Measures recommended by the 



* See page 6, and Report of 1849, pp. 227, 232 ; Boyne, 262 ; Cork, 305, 306; 

 Blackwater, 393 ; Shannon, 72, 78, 86 ; Slaney, 250 ; and Waterford, 235, 

 243. 



The salmon fisheries of North Britain are of great value, they have, from 

 their exclusive character, been sedulously cared for, and well legislated for, 

 from the national unanimity of the Scottish representatives : they are almost 

 entirely private property, held generally by individuals under ancient charters 

 and grants; the common-law right of the public is greatly circumscribed, or 

 little exercised. The legislature has provided laws suitable for their manage- 

 ment, circumstanced as they are, which enable those who possess them, 

 through their own agency, and unaided by the interference of a state depart- 

 ment, to preserve them. The causes owing to which sufficient protection is 

 received by the inland rivers of Scotland, appear to consist in these points: 

 First The highly valuable interest that many of the nobility, chiefs of clans, 

 and numerous proprietors enjoy in them. Second The penal law of the 

 country, and the general disposition to observe the laws. Third The "interest 

 of the sportsman," with its accruing value of renting the leave to fish, for the 

 mere sake of sport. 



The salmon fisheries of Ireland are very differently circumstanced with 

 regard to ownership. Those of the northern rivers are owned by the London 

 Companies ; other rights of the most valuable kind are owned by persons who 

 are frequently absentees. The "loyalty of clan-ship" does not prevail; but, 

 generally, the rights of the public are prevalent. The right of fishery on 

 the coasts of Ireland, and in the greater portion of the tideways of rivers, 

 is exercised by the public; this is a material point as regards the mode in 

 which they should be governed. Many thousands of the lower classes avail 

 themselves of the common-law right, and circumstances arising out of locality, 

 create many conflicting interests among this class, which again clash with 

 the varied interests of parties possessing exclusive rights in portions of the 

 coasts and tideways, and of the upper or fresh waters. Hence arises the 

 necessity for the interposition of an authoritative power, and upon a system 

 different from that which works well in Scotland, but is unsuited to Ireland, 

 from the diversity and complexity of interests. 



