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stake-nets, but a powerful one against them ; for it is absurd to sup- 

 pose, that because the seals and porpoises are deprived of what they 

 would have eaten, they would refrain from pursuing Salmon. They are 

 only driven by this deprivation to devour what would have escaped 

 them had the stake-nets been out of the way; and thus all the Salmon 

 taken in a stake-net are a clear loss to the rivers, which cannot make 

 it up as the porpoises and seals do. With respect to the other allega- 

 tion, that the stake-nets capture only such fish as would go out to sea 

 and not enter the rivers, I do not believe it. It is attempted to be 

 proved by fish being caught both during the flow and the ebb of the tide. 

 This, however, proves nothing; because the Salmon do not all make 

 directly, in a straight line, for the river, but swim in all parts of an 

 estuary indifferently. If they did not, but kept the main channel, 

 they never would come to the stake-net at all. The fish coming up 

 with the tide, if they do not reach the river before the tide turns, 

 drop down and renew their attempt with the help of the next tide. 

 They may be turned for a time by their foes; but whatever be the 

 cause of their wanderings, their instinct impels them towards the river 

 sooner or later, which they will enter or perish; and when they do 

 enter a river they will not leave it, if they be not removed, until after 

 they have deposited their spawn. All Salmon are either male or 

 female; and therefore it is absurd to suppose that they do not all 

 equally feel the impulse to ascend the rivers ; could it be proved that 

 there were neuters among them, some arguments that have been ad- 

 vanced by interested persons might be of some weight in favour of sea 

 fishings. That Salmon, when they meet obstacles in a river which 

 they cannot surmount, drop down into the pools, and remain there 

 until a supply of water induces them to make another attempt to 

 advance, I know from repeated observation during my practice as an 

 angler. But I consider it as certain that no Salmon, having entered 

 an estuary or a river, and been put back by any cause, ceases in its 

 endeavours to return. There can be no doubt, then, that stake-nets, 

 whether placed in the ocean or in estuaries, deprive the rivers of fish 

 to the full amount of the capture, 



" I am by no means disposed to resist persons, who are already pos- 

 sessed of chartered rights to fish in the sea, from using the stake-net, 

 properly regulated. Nor do I conceive that persons who have rights 

 to fishings, and no waters to fish in but the sea, can be equitably ex- 

 cluded from exercising their rights in the sea, and taking whatever 

 fish may come in their way, Salmon as well as others. If the spawn 

 and fry of Salmon, and the growing fish, be properly preserved, there 

 will be enough for all, as many as can be taken. As Salmon from the 

 salt water are vastly superior in quality to fish that have been some 

 days in rivers, I do not see why the interest of the public should not 

 be attended to by encouraging sea fishing. But as it would be going 

 too far, and unfair, to allow persons who have no right to fishings to- 

 interfere, or to grant new charters, no one should be suffered to take 

 Salmon in the sea without being able to show a distinct clause in their 

 charters, granting the right, nor to have more than one net on their 

 property. The Board of Commissioners which I have suggested might 

 have power to inspect the charters of persons who erect stake-nets^ 



