148 



In short, the natural history of the animal being everywhere similar, a 

 similar course of injurious practices isevery where found to require a simi- 

 lar legal interference for the protection of the breed. In Ireland, however, 

 a frequent non-observance of the close season, and an unusual prevalence 

 of poaching (in some cases amounting to a total destruction of the 

 fisheries), absorb a larger portion of public attention ; and are considered 

 as especially requiring immediate legislative redress. 



The prevalence of poaching in Ireland, though in part attributable to 

 the circumstances and habits of the peasantry, is principally encouraged 

 by the absence of an efficient Police ; and this, again, is referable to the 

 peculiar nature of the property, and the conflict of interests which that 

 occasions. It is probable, likewise, that the facilities given to poachers 

 by the Irish Acts, which concede to the proprietors and river farmers 

 the right of taking Salmon at all times of the year in several of the 

 Irish rivers, may also contribute to the same results. 



The more productive fisheries are situated nearest to the mouths of 

 the rivers; whereas, the legal protection of the breeding fish is princi- 

 pally requisite in the upper and shallow waters. 



This natural conflict of interests is much increased by the mal-practices 

 above mentioned, which are pursued in the fisheries along the course of 

 the stream; for unduly intercepting the fish in their passage upwards. 

 These are, in some cases, so successful as to deprive the Upper Proprie- 

 tors of all pecuniary interest in the fisheries, and to render them 

 absolutely indifferent to poaching, and unwilling to co-operate, either 

 in purse or person, towards its abatement. 



Wherever the lower fisheries are of sufficient value to pay the expense 

 of protection, and the shallow spawning places are under the effectual 

 control of the beneficiaries, the breed seems to be adequately protected; 

 and few complaints are then made of a deficiency of Fish, arising from 

 the use of especial engines employed in lawful fishing ; whence it may 

 be inferred that disputes on that point relate rather to the distribution 

 of the property, than to its absolute quantity. 



Neither, in such fisheries, is the exact period of close times a matter 

 of major concern. Those interested in them naturally abstain from 

 what is injurious to themselves; whereas, the indiscriminate take of 

 Salmon, at all seasons, is desirable only to the poacher, or to the Upper 

 Proprietor who has no marketable share in the proceeds of the river. 

 It is chiefly, therefore, where a rivalry subsists between different classes 

 of Proprietors, that the proper times of fishing, and the use of stake-nets 

 and other well contrived engines for capturing the fish, become matters 

 of dispute or litigation. 



The extent to which this conflict of interest operates, is cognizable in 

 the contradictory nature of the evidence offered in the various reports, 

 as well respecting the natural history of the fish, as the tendency of the 

 several practical points in debate. On scarcely any one particular is 

 the testimony concurrent and unanimous; insomuch, that fixed bases 

 for legislation can only, if at all, be attained, by a lengthy and philoso- 

 phical course of independent investigations. Occupied, as the Commis- 

 sioners have been, with the Coast Fisheries, they have not found leisure 

 for such an examination; and the subject, both in its relations to 

 private property, and to the interest of the public in a maximum supply 

 of fish, is too important to be hastily and carelessly provided for. 



