47 



would have been required had a principle of more active and 

 minute interference been adopted." 



The performance of many duties was imposed in the ' exe- 

 cution of the act.' It is to be apprehended that the policy of 

 the " Suggestions" of 1835 was more regarded than the duties 

 prescribed by Parliament.* The business of the Fisheries of 

 Ireland, the requirements of their new laws, and their claims 

 for improvement, would assuredly demand more than " occa- 

 sional consideration." 



The report proceeds : " With respect to the inland or sal- 

 mon fishery there are still many subjects of contention and dif- 

 ferences. The first of these arises from the conflicting interests 

 of the proprietors of the upper rivers and fishermen in general, 

 with those in possession of established salmon weirs in the 

 rivers, or of stake-nets on the coast. Another regards the 

 opposition given to poaching, and other practices proscribed by 



* The following are amongst the duties provided for in the Act : 

 Section 13. Inquiry into making of bait beds, and granting license therefor. 

 Section 15. Forming districts for registry of vessels. Section 21. Power to 

 inquire into and abate weirs injurious to navigation. Section 22. Defining 

 mouths of rivers. Sections 32 and 35. Power to inquire into and alter close 

 seasons, every three years, if requisite. Section 39. Licensing stake-weirs to 

 take white fish. Section 42. To require gaps to be made in certain fishing 

 weirs, where there may be claim for compensation. Section 43. Commissioners 

 to assess value. Section 54. Determining length of spur walls to tails of fishing 

 weirs. Section 58. Regulating size, &c., of cruives and boxes in fishing weirs. 

 Section 62. Removal of natural obstructions upon application. Section 63. 

 Approval of plans for emigration of fish in all present and future dams and 

 weirs. Section 67. Alteration of size of meshes on inland rivers upon inquiry. 

 Section 89. The Commissioners or their officers given the executive powers of 

 officers of the navy, coast guard, and water bailiffs, for the enforcement of the 

 law. Section 91. To make and ordain additional regulations and by r laws for 

 the management and improvement of the fisheries generally ; for the registry 

 of boats ; to alter or vary such by-laws ; to make restrictions and regulations 

 for good order as to the times and seasons for taking of all kinds of fish ; as to 

 the time and places and manner of using trawls, trammels, other nets, and en- 

 gines in the sea, their form and description and size of meshes the prohibition 

 thereof, or of any practice whatsoever, tending, in the opinion of the Commis- 

 sioners, to impede the taking of fish, or to be in any manner detrimental to the 

 said fisheries, or as to any other matter or thing which shall in any manner 

 whatever relate to the government and protection of the said fisheries. Section 

 111. To hold general meetings of proprietors of fisheries for inquiry into their 

 state and means of improvement. Section 1 12. To report annually, furnishing 

 such statistic information as may be practicable, or as directed by the Lord 

 Lieutenant. By the Act of 1844, section 5, Power to suspend oyster fisheries 

 for a fixed period. By the Act of 1 845, section 3, Power to suspend the use of 

 and remove illegal nets and weirs in places prohibited. Section 14. To prohibit 

 the use of any engine for capture deemed upon inquiry to be injurious. Section 

 17. Power to grant license to make private oyster layings. Section 19. Power 

 to grant license to dredge for oysters during close season to supply artificial 

 beds. Section 20. Power to make by-laws for the improvement of the oyster 

 fisheries. By the Act of 1848, section 3, Dividing Ireland into fishery districts, 

 and altering from time to time. Section 13. Sanction as to alteration of license 

 duties. Section 38. To attend and advise at meetings of conservators. 



It must be borne in mind that the power of performing most of these import- 

 ant functions is in the Commissioners of Fisheries only, and no other party ia 

 authorized by law to perform them. 



