60 



similarly adapted the periods for different rivers to tliose found by 

 experience to be suitable. In one public river, (the Slaney,) the 

 enactment of 1842 required fishing to cease at the very time when it 

 was most productive, (cutting off three months' customary fishing,) and 

 permitted it to commence at a season when the greater proportion of 

 the article taken was unfit for use. 



There is much difficulty in enforcing the law of 'fence-months' 

 rigidly in a common piscary, especially in a Country where more than 

 usual obstacles exist to enforce any; but this is increased by the absence 

 of that quality which the law boasts of being 'the perfection of 

 reason.' It is also desirable that the open time, as one of employment, 

 should be definite and remunerative, and embrace the most profitable 

 period. The existing regulations to cessation from, or permission for, 

 fishing, is regarded by the fishermen of some rivers, (in which the 

 temperature of the water, its clearness, or some hidden cause, renders 

 the ingress of salmon later than in others,) much in the light that an 

 act would be which prescribed that corn should be cut in the three 

 kingdoms on the same day, without reference to powers of heat to ripen 

 it, and which forbade it to be reaped when ripe, but allowed it to be cut 

 when green. In this case the motto in the title-page of this essay 

 is particularly appropriate. 



It is probable that the profitable season may become earlier by being 

 closed at an earlier time, and of course premature closing will leave 

 more fish to breed, and both effects are much to be wished. 



Although the principle of Uniformity is very desirable to be upheld 

 on several grounds, the unanimous voice of the country against it, and 

 the dissatisfaction prevailing throughout Ireland upon the subject, 

 likely to lead to disastrous consequences to the river fisheries, makes it 

 untenable. The principle of unqualified uniformity was negatived by 

 the very first statute, power being given to the commissioners to alter 

 the close season, when expedient, and additional facilities for variation 

 have been afforded by those following it. 



The law may place all rivers in a Procrustean bed, but where it is 

 opposed to the sense of all classes, the effects are that it is either dis- 

 regarded, or quoted as an instance of ignorant legislation or control* 

 Where an alteration is called for by the community interested in the 

 fishery of a river it should be conceded : they must be practically good 

 judges of the fittest season, and if an error is committed, they are the 

 sufferers, and there is power to rectify it. Would it not be better to 

 make some sacrifice (if it is one) to prejudice, and to alter the free 

 time for a short period, for the sake of securing that good sense and 

 co-operation which will always prove the surest means for the improve- 

 ment of salmon fisheries'? 



It is to be hoped that a series of experiments will be carefully made 

 in debatable rivers as to the condition of the breeding fish, by 

 examining the state and size of the roe and melt at various times, and 

 recording other circumstances. A collation of facts will enable the 

 Commissioners to judge how far applications for alteration are well 

 grounded and reasonable. When such statements are laid before them 

 by local boards of conservators, it may be trusted that the accompanying 

 representations will be duly considered. 



