53 



fisheries," the conclusion is that such could have not been the 

 ground of objection.* 



The Report proceeds to state the greater difficulties expe- 

 rienced in framing and carrying out rules and regulations for 

 the protection of the Salmon fisheries than with those of the 

 Coast, " inasmuch as private rights are mixed up with those of 

 the public, and in securing the perfect exercise of the latter, 

 much care is required to prevent any injury, unnecessarily, to 

 individual interests." 



The knowledge and use of " efficient means" of fishing is 

 stated to be increasing generally in the bays and estuaries ; and 

 that, where the opening of fishing weirs and passages at mill- 

 dams required by the Act are enforced, together with the 

 Sunday cessation from fishing, it was hoped that the interests of 

 the proprietors, in the interior, will be greatly benefited by 

 allowing them an opportunity of taking the seasonable fish, 

 " thereby affording an incentive to all parties to protect the 

 breeding fish and fry in the close season, and on their migra- 

 tion to the sea." 



On the question of the Legality of Stake and Fixed "Weirs, 

 which had already caused disputes, litigation, and breaches of 

 the peace in some localities, the following remarks are made : 

 "The Act permits the use of these efficient engines, under 

 certain restrictions, along the coast and in wide bays and 

 estuaries, but prohibits their use in any place less than three 

 quarters of a mile in width at low water; saving from such 

 prohibition, by the 23rd section, any stake-nets which have 

 been established in such place for twenty years and upwards ; 

 and also by the 24th section, those which have been established 

 within the limits of "several" fisheries for ten years and upwards. 



" Under the assumed protection of these sections of the Act, 

 weirs have in some instances been continued in situations where 

 there are reasons to doubt their being legally entitled to the 

 exemption ; and in other cases weirs or fixed nets have been 

 erected either in ignorance or evasion of the law, from both of 

 which, serious disputes have arisen. 



" In some of these cases where application has been made to 

 us, the parties have, after an examination of the locality, and 

 impartial explanation of the bearing of the Act, by an officer of 

 this Board, voluntarily removed the illegal erections, and other- 

 wise complied with the law, whereby the disputes were termi- 

 nated; and other modes of fishing being adopted, we are 



* On this head see the evidence of W. J. Ffennell, esq., Inspecting Commis- 

 sioner, before the select committee, March, 1849, who states he thinks that the 

 state of the Irish fisheries required all that advice which the parties there 

 sought for from the officers of the Board, and that a great deal of good might 

 have been done if such assistance had been afforded to persons seeking to be set 

 right in the way to manage and govern the fisheries. 



