59 



from similar causes. The salmon is not known in the warmer seas ; it has 

 not been found in the Mediterranean, but is most plentiful in the colder 

 waters of the northern continents. Unlike other sea fish it proceeds 

 up rivers to their shallow sources, to secure the vivification of its young 

 in some favourable place, and it is remarked, that when once it has 

 made a choice, it returns to the same spot again, like the swallow to 

 the building where she before had constructed her nest, and, like that 

 bird of passage, may be said to trust to the protection of man. These 

 fish generally enter inland waters at the time that other animals come 

 together. 



In some the ' spring runs' commence in the early months ; in others, 

 the ' skulls' of salmon do not come up till May and June. The 'harvest' 

 fish take their name from being most abundant at that period, and their 

 earlier or late ascent may be affected by causes similar to those which 

 accelerate or retard the gathering the fruits of the land. The prevalence 

 of floods, and turbid state of the fresh water, also influence their move- 

 ments. The ova and melt, as the time of spawning draws nigh, increases 

 in size, and the fish becomes unfit for human consumption. After the 

 operation they are emaciated, and actually unwholesome as food, until 

 recruited in the salt water. To kill them in either of these states is 

 repugnant to the natural law, and during their descent is doubly in- 

 jurious: they will speedily return in good and valuable condition. 



The disadvantages arising from departure from a uniform Close 

 Season in all rivers appear to be out-weighed by the advantages to be 

 gained, (especially in Ireland,) by assimilating the fishing time in 

 contermity, so far as can be ascertained, with the period at which the 

 greatest quantity of saleable fish can be taken; and, the season at 

 which they are unfit for food being that at which they should not be 

 killed, their capture may be permitted up to a late time with less 

 injury than at an early one, regard being had to leaving a sufficiency 

 to sustain the stock. 



The law of cessation from fishing has, unfortunately, been little 

 regarded in public inland fisheries in Ireland, and it may certainly be 

 said that it has been less insisted on, because it was considered con^ 

 trary to that of nature. 



The open time is not uniform in the rivers of Scotland, but has been 

 regulated by Acts of Parliament,* according to the best known periods 

 for fishing. The Acts passed in Ireland, repealed by the new law, 



* With regard to this ' vexed question' the proceedings as to the Scottish 

 salmon fisheries were as follows : 



1825. Mr. Kennedy's Select Committee, in their first and second report, ad- 

 vocated a uniform season. 



1828. The enactment called Mr. Home Drummond's Act, fixed a uniform 

 season, save in the Tweed and Solway. 



1836. Mr. Patrick Stewart's committee complained of a uniform time, and 

 advocated variation according to the varied circumstances of rivers. 



1842. Lord Kosebery's committee sat on the bill for changing the uniform 

 principle to varied periods. 



The arguments used in favour of uniformity were, that the contrary gave an 

 increased facility to poaching, and would create some confusion where rivers 

 were contiguous, but it was allowed that some variation might be judicious in 

 particular cases. Some witnesses, on the other hand, advocated a change. The 

 committee reported that the bill should not be proceeded with. 



