58 



With regard to the progress of improvement, the Report 

 closes by these observations : " If in conjunction with a due 

 observance of the limitation (as to angling) above proposed, 

 suitable migration passes be left, even in what are considered 

 the latest rivers in Ireland, and if due protection be afforded 

 during the close season, we confidently predict that in the 

 course of a very few years, the parties really most interested 

 will find, in the improvement of the fisheries, that their advan- 

 tage has been best consulted in the refusal to accede to the 

 full extent of their demands. 



" We further wish to repeat and to impress upon the atten- 

 tion of all parties, that the rivers are the natural nurseries, not 

 merely for the fisheries within their banks and at their mouths, 

 but also for the public fisheries on the coast; and that the 

 times to be allowed for fishing therein, must be regulated by a 

 consideration of what is best, on the whole, for the public 

 interests." 



A measure of Assessment for the purpose of raising local 

 funds for protection, and for carrying out the provisions for the 

 formation of migration passes, &c., " seeing the total neglect of 

 the parties deriving the largest benefit," is then submitted for 

 the consideration of the Legislature. 



NOTES. 



THE CLOSE SEASON. The law as it stands at present in this respect 

 is often so different to the natural season of some rivers, that it is not 

 observed by the fishermen, and hardly attempted to be enforced by the 

 magistracy.* 



The natural history of the migration of all Fish is involved in obscu- 

 rity; but there is believed to be an analogy between the known habits 

 of the salmon and of the herring as to leaving the deep waters and ap- 

 proaching the shores for the purpose of depositing their spawn. These 

 latter appear in some bays of the Irish seas at a later season than in 

 others. It will always be difficult to explain partial and irregular 

 phenomena, but it may be fairly argued that in bays where Fish of 

 the sea tribe appear at a late season, those frequenting rivers may be late 



* A public right of fishery in a great river partakes of the evils which are 

 incident to that of the sea. It appears to be the worst species of 'common,' 

 for while there is an immediate temptation to all to take what they can, the 

 advantages of cessation are too distant to induce unison among the fishermen. 

 They can accomplish little in protection. The owners of property along the 

 banks, where they possess none in the waters, have little interest in interfering, 

 and will hardly take much upon themselves in enforcing the law. A river 

 fishery, thus abused and uncontrolled, is a sort of demoralizing lottery. The 

 uncertainty, the temporary gains, but general distress, and other concomitants, 

 are similar to those of a sea fisherman's calling. Public rights are sacred and 

 inviolable. The laws will become better observed, and the habits of fishermen 

 improve with those of the people. 



