424 



Appendices to Fifth Annual Report 



APPENDIX T. 



OYSTER, CRAB, LOBSTER, AND MUSSEL FISHERIES, AND 

 CLAM AND BAIT BEDS.— Regulations for the Instruction 

 and Guidance of Persons applying for Fishery Orders under 

 Part III. of The Sea Fisheries Act, 1868 (31 and 32 Vict, 

 cap. 45); The Fisheries (Oyster, Crab, and Lobster) Act, 1877 

 (40 and 41 Vict. cap. 42); The Sea Fisheries (Clam and Bait 

 Beds) Act, 1881 (44 Vict. cap. 11); and The Sea Fisheries 

 (Scotland) Amendment Act, 1885 (48 and 49 Vict. cap. 70, 



§ii)- 



The Fishery Board for Scotland, to whom the administration of the 

 above Acts has been transferred from the Board of Trade by the Sea 

 Fisheries (Scotland) Amendment Act, 1885 (48 and 49 Vict. cap. 70, 

 § 11), have made the following Regulations for the purpose of facilitating 

 and systematising applications under their provisions. 



Part I. — General Principles on ivhich exclusive Rights of Fishery 

 or Regulative Powers over Oyster and Mussel Fisheries ivill be 

 granted. 



The following comprise grants or concessions which appear to the 

 Fishery Board to fall within the scope and intention of the above-named 

 Acts, and for which they will be prepared to consider applications : — 



1. Appropriations of moderate areas of unproductive sea bed or fore- 



shore for the establishment of new fisheries or local depots. 



2. Appropriations of areas of already productive ground for layings 



or dep6ts. 



3. Concessions of exclusive fishery rights to owners or occupiers of 



existing fisheries, but within such limits and conditions only 

 as may make such concessions beneficial to the public. 



4. Powers for regulating or restricting unlimited fishing on beds in 



cases where it is proved that such fishing is carried on in so 

 wasteful a manner as to have the effect of exhausting the beds 

 and diminishing the supply, without corresponding advantage 

 to the public. 



The only ground for the concession of exclusive fishery rights or 

 restrictive powers over any portion of the sea shore is the expectation 

 that by these means the supply of oysters and mussels will be materially 

 increased, and the public thereby benefited. Such expectation must 

 consequently be shown to exist in all cases of Orders under these Acts, 

 and especially in the case of an Order affecting an already productive 

 dredging ground. 



Part II. — Title to Solum. 



This in every case will require to be instructed, so as to prevent inva- 

 sion of the rights of others. 



By the Crown Lands Act, 1866 (29 and 30 Vict. c. 62, §§ 7 to 25), 



