502 SALMON LEG IS LA TION IN SCO TLAND 



became more manifest. The Commissioners under the 

 Act were empowered to fix the limits of all the estuaries 

 with a view of preventing these encroachments, and the 

 fixing of them accordingly drove the invaders out to sea 

 again. Even yet, as we shall see, they are too near. It is 

 unfortunate, however, that the Act omitted to attach 

 penalties to the offence if persisted in, or committed either 

 in the estuaries or the rivers, and consequently the district 

 boards are left powerless to prevent it. The only means 

 of getting at the offenders is by prosecution at the instance 

 of a proprietor, which is obviously inadequate. 



Fixed nets are still, however, allowed too near the 

 mouths of rivers, and it is to be regretted that the Act 

 did not go a little further and prohibit all fixed nets within 

 certain distances of the river mouths. This could have 

 been done without affecting the great question of the 

 legality or illegality of these nets on the rest of the shore. 



EXTENSION OF CLOSE TIME. 



As we have seen, the annual close time had been for 

 four hundred years prior to 1828 fixed at 107 days, while 

 the 1828 Act extended it to 139 days. The Act of 1862 

 extended the annual close time still further, to 168 days, 

 and the weekly close time from 24 to 36 hours, at which 

 they now remain. Notwithstanding the protests of a few 

 interested parties, there can be little doubt that these amend- 

 ments were in the right direction, and that the result has 

 largely tended to improve the fishings. There is unfortu- 

 nately good reason to believe that the full benefit is not 

 obtained which ought to be if the law were conscientiously 

 observed ; but it seems impossible to secure this in any 

 single point with regard to salmon fishing. Selfish con- 



