APPENDIX A. 



LEGAL ASPECTS. THE EIGHT OF SALMON FISHING AND 

 THE SCOTTISH SALMON ACTS. 



A GOOD deal of ambiguity exists in the minds of many with regard 

 to the nature of the right of Salmon Fishing in Scotland. This 

 ambiguity seems partially caused by the fundamental difference 

 which exists between the right in Scotland and England, but also to 

 some extent owing to a belief that there is, or should be, if one could 

 only understand it properly, a public right to fish for salmon in 

 certain places and under legal conditions. 



To get a proper understanding of this matter it is first necessary 

 to grasp the true relations of the Crown to salmon fisheries, and one 

 cannot do better, in this connection, than quote the clear general 

 statement given in the Eeport of the Commissioners appointed by 

 the Secretary for Scotland to inquire into the Crown Eights in 

 Salmon Fisheries in Scotland. The Commissioners were Sir Herbert 

 Maxwell, Bart., T. G. Murray, now Lord President of the Court of 

 Session, and Donald Crawford, now legal member of the Fishery 

 Board for Scotland. The report was made in 1890. 



" In England and Ireland the Crown is vested as trustee for be- 

 hoof of the whole community in all the Salmon Fishings in rivers 

 and estuaries which are both navigable and tidal, and in the territorial 

 seas, except such fishings as belong to private persons and corpora- 

 tions, and are held under an express grant from the Crown, or by 

 ancient usage presupposing a grant, or by prescription, and also 

 excepting such others as form part of the ancient patrimony of the 

 Crown. The public have a common-law right to fish for salmon in 

 such waters, subject to statutory regulations and limitations, save 

 where several or private fisheries exist. The extent seaward of 

 these rights is assumed to be 3 miles from low water. 



In inland waters which are neither tidal nor navigable the Crown 



