50 



cases, where the least doubt exists as" to the necessity of so 

 doing, the Board must be perfectly justified. 



The importance of regulating the condition of mill-dams and 

 fishery weirs is thus strongly laid down in the report. " Upon the 

 due enforcement of the provisions of the act in this respect de- 

 pends much of its success in promoting and improving the salmon 

 fisheries, by allowing a certain passage for the free migration 

 of the fish, and by allowing the persons living near the upper 

 parts of rivers some degree of interest in the fisheries, to pro- 

 mote a community of interests between them and those in- 

 terested in the salmon fisheries on the lower parts of rivers, and 

 along the sea coast, by ivhich means alone it appears to us the 

 requisite protection of the breeding fish, during close season, 

 can be secured, and consequently a system for the progressive 

 improvement of this fishery established on a firm basis." 



The Commissioners then observe : " the principle we have 

 adopted, generally, in these cases is that of interfering only 

 upon application made, which is the course specially directed 

 by the Act as regards mill-weirs, and cases where the parties 

 applying are required to deposit the sum requisite for defraying 

 the expenses of any examination; and in most other cases 

 where the powers of enforcing the provisions of the Act may be 

 exercised by persons interested in the fishery of the locality, 

 it has. appeared to us the most suitable course to adopt, as, 

 until complaint or application is made to us, we cannot be 

 aware of the existence of any irregularity." 



The extent to which the Irish Fisheries may, with reason, be 

 expected to be capable of improvement, does not appear to 

 have received that practical investigation which its real import- 

 ance deserves ; and, in the absence of such information, vague 

 and exaggerated statements are often put forward, which can 

 but throw discredit and disbelief on the subject in the minds 

 of sober-thinking persons. Faithful Statistic Returns, obtained 

 from proper quarters, such as of the amount of salmon or other 

 fish caught each year, of rents paid by lessees, and others, 

 the capital invested in the trade, or the number of persons, 

 boats, and nets, employed in it, the number and details of 

 prosecutions and of convictions, the amount of fines paid ; state- 

 ments of what has been done, and what may be accomplished, 

 founded on surveys of the extent of fishing banks, of the quantity 

 of spawning grounds, and detailed accounts of the results of 



bringing before the proper tribunals for adjudication all matters in which the 

 interests of the public may be involved, when it is remembered that many en- 

 croachments on public rights may remain long unquestioned, either from 

 ignorance of the law, from apathy, or if left dependent for redress on individuals 

 who may feel the restraint of personal consideration, or of local influences, 

 the- injurious consequences of which to the community at large it is sound and 

 constitutional policy to guard against. 



