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Thirty-third Annual Report 



The circumstances of tlie case last referred to were that the 

 Commander of a fishery cruiser overhauled, within three miles of 

 the (Scottish coast, a trawler registered abroad engaged in what ap- 

 peared to him to be trawling, charged those on deck accordingly, 

 aiul ordered them to proceed with their vessel to a neighbouring port. 

 This bhey refused to do, and the master was subsequently brought to 

 trial and charged with the two offences of illegal trawling and I'efusal 

 to obey the lawful directions of a Sea Fishery Officer ; but as a result 

 of a conflict between the evidence of those from the cruiser and those 

 from the trawler, the Sheriff-Substitute found the first charge " not 

 proven," and held that accordingly the Commander's orders were not 

 lawful, and that the second charge also failed. The case involving the 

 second charge was appealed in the public interest to the Coiut of 

 Session, with the result that a full bench ruled imanimously that the 

 validity of the Commander's orders was unaffected by failure to secure 

 a conviction for illegal trawling, and that the trawl master by not obey- 

 ing the orders given was guilty of an oftence against the Sea Fisheries 

 Acts as charged. The case is of interest as defining more clearly the 

 powers of the officers of the Board in the execution of their duties. 



Twelve convictions were obtained for daylight fishing for 

 herrings in the Firth of Clyde in contravention of the Statute, but 

 only nominal penalties were imposed. The remaining 2 cases related 

 to damage caused by one fishing vessel to the gear of another. 



TRAWLING IN PROHIBITED AREAS PREVENTION ACT, 



1909. 



The above-named Act, which was passed with a view to excluding 

 foreign trawlers from working in waters intra fauces of Scotland, 

 extended to the whole of the United Kingdom those provisions of the 

 Herring Fishery (Scotland) Act, 1889, which rendered illegal the 

 landing or selHng in Scotland of any fish taken by trawlers in prohibited 

 areas. The administration of the Act is vested conjointly in the 

 Board and the Customs authorities. 



The Moray Firth is the largest and most important area coming 

 within the operation of the Act, and the following table gives (1) par- 

 ticulars of the number of different foreign trawlers reported as having 

 been observed working in the Firth, and (2) the number of separate 

 occasions on which those trawlers were observed, for the seven years 

 ending 19th October last : — • 



[Table. 



