103 

 CHAPTER X. 



IMPROVEMENT OP THE SALMON FISHERIES, 



IMMEDIATE and wide-spreading improvement of the Inland Fish- 

 eries would be promoted by providing funds, or means to raise 

 funds, for carrying out those provisions of the Act which were 

 to compensate for the increased powers of capture below ; by 

 facilitating the Migration of fish, whether hindered by artificial 

 or natural obstructions, and thereby increasing the power of the 

 fish to reach the spawning grounds. 



1st. By providing that in weirs where Queen's shares cannot 

 be enforced in Cruive Dam Fishing Weirs under the existing 

 laws, without compensating the owners, that upon the amount 

 of compensation being ascertained by an adequate tribunal, 

 funds shall be provided, partly out of the public purse, and partly 

 by levy on such parties, properties, or interests, as would derive 

 the benefits, by assessment under the provisions of the 5 & 6 

 Victoria, c. 106, section 42. 



Reasons why a free grant in aid from the Treasury for such a 

 purpose is justifiable are as follows : it will be remembered that 

 the ' King's gap ' or ' free-share' is of ancient institution ; wher- 

 ever rivers have been 'put in defence,' or any 'kidels' have 

 been erected, it has either been by encroachment on the part of 

 the Crown, or of individuals, on the public right; and the Idche 

 of neglecting to enforce the law rests either with the Govern- 

 ment or the public. 



It may be argued that the State should contribute to remedy 

 the evil in the case of artificial obstructions, since if there had 

 been an earlier and adequate provision for public interests in this 

 respect, they would not have now been so seriously damaged. 

 The claim arises from a neglect or ill-enforcement of earlier laws. 



A grant or allocation of public money to aid in the formation 

 of Queen's shares, the removal of natural obstructions, and for 

 making passages over mill-dams would frequently prove of as 

 much service to the community interested in a large river, as in 

 its allotment to a fishery pier or quay; and would be a boon to 

 the public, justified by the precedent of the late Piers and Har- 

 bours Act, under which grants of a moiety of the sum required 

 are made, the other half having been provided by the locality. 



The direct effect of increasing the brood of fish in a river 

 would be often as beneficial as the aiding the powers of taking 

 it in the sea. Where river fisheries are mostly enjoyed by the 

 public they claim a share with those of the sea, and in govern- 

 ment were and are more dependent on the laws. 



The sum that would be required to effect these important 

 objects would be inconsiderable as compared with the profit that 



