of the Fishery Beard for Scotland. 



15 



Secretaries of all the Yacht Clubs in the United Kingdom. That circular 

 narrated the law applicable to the subject, and concluded by stating that 

 the Commissioners had the authority of the Home Office for drawing it up 

 and sending it to the secretaries of the various yacht clubs, with a 

 request that they would take an early opportunity of bringing it 

 prominently under the notice of their members. 



This circular, however, did not produce the desired effect, as complaints 

 of illegal fishing by yachtsmen were made to the Fishery Board for 

 Scotland, who have succeeded to the powers and duties of Commissioners 

 of Scotch Salmon Fisheries, and have the general superintendence of the 

 Salmon Fisheries in Scotland, and the following circular, signed by the 

 Secretary to the Board, was sent to the secretary of every yacht club in 

 the country, and also to a number of newspapers : — 



Scottish Salmon Fisheries. — Fishery Board for Scotland, Edinburgh, Zlst May 

 1884. — Sir, — I am directed by the Fishery Board for Scotland to inform you 

 that the Inspector of Salmon Fisheries has laid before the Board complaints 

 from lessees of salmon fishings, that yachtsmen, while cruising along the coasts 

 of Scotland, and especially along the coasts of the western mainland and the 

 Hebrides, are in the habit of using nets, and illegally taking salmon and sea- 

 trout, within the limits from low water mark, over which the rights of the 

 Crown and its grantees extend. 



According to the law of Scotland, no one has a right to fish for salmon or 

 sea- trout in the narrow or territorial seas — which are held by the best legal 

 authorities to extend to three miles seawards from low- water mark — except the 

 Crown and its grantees, and those who have permission from them ; and by 

 special Statute (7 & 8 Vict. c. 95), it is provided that — ' Whereas an Act was 

 passed in the ninth year of the reign of His Majesty King George the Fourth, 

 intituled, An Act for the preservation of the salmon fisheries in Scotland ; and 

 whereas it is expedient to prevent the destruction of salmon, or fish of the 

 salmon kind, in the sea or shores thereof ; and whereas doubts are entertained 

 of the provisions of the said Act being applicable to the sea or sea-shore : Be 

 it therefore enacted by the Queen's most excellent Majesty, by and with the 

 advice and consent of the Lord's Spiritual and Temporal and Commons in this 

 present Parliament assembled, and by the authority of the same, as follows : 

 That if any person not having a legal right or permission from the proprietor 

 of the salmon fishery, shall, from and after the passing of this Act, wilfully 

 take, fish for, or attempt to take, or aid and assist in taking, fishing for, or 

 attempting to take, in or from any river, stream, lake, water, estuary, frith, 

 sea-loch, creek, bay, or shore of the sea, or in or upon any part of the sea, 

 within one mile of low-water mark, in Scotland, any salmon, grilse, sea-trout, 

 whitling, or other fish of the salmon kind, such person shall forfeit and pay a 

 sum not less than 10s. and not exceeding £5, for each and every such offence, 

 and shall, if the sheriff or justices shall think proper, over and above, forfeit 

 each and every fish so taken, and each and every boat, boat tackle, net, or other 

 engine used in taking, fishing for, or attempting to take fish as aforesaid ; and 

 it shall be lawful for any person employed in the execution of this Act to seize 

 and detain all fish so taken, and all boats, tackle, nets, and other engines so 

 used, and to give information to the sheriff or any justice of the peace, and 

 such sheriff or justice may give such orders concerning the immediate disposal 

 of the same as may be necessary.' 



The above statute has since been amended and made more stringent by the 

 25th section of 'The Salmon Fisheries (Scotland) Act, 1868,' which provides 

 that, ' In order the better to carry out the provisions of the Act of the seventh 

 and eighth years of her present Majesty, chapter ninety-five, it shall be lawful 

 for any water-bailiff, constable, watcher, or officer of any District Board, or any 

 police officer, to search all boats, boat tackle, nets, or other engines, and all 

 receptacles, whether at sea or on shore, which he or 'they may have reason to 

 suspect may contain salmon captured in contravention of the said last-mentioned 

 Act, and to seize all salmon found in the possession of persons not having a 

 right to fish salmon, and the possession of such salmon shall be held prima facie 

 evidence of the purpose of the possessor to contravene the provisions of the 

 said last-mentioned Act.' 



