of the Fishery Board for Scotland. 



11 



of the subsidiary dyke being 12| feet up-stream from this point, or 

 about 30 feet down-stream from the crest of the main weir. 



(b) A gap shall be provided in the sill of the main weir of the same capa- 

 city as that mentioned in connection with the subsidiary dyke, but in 

 this case, in order to overcome in some measure the unfortunate curve 

 of the down-stream face, I would recommend that the gap in the sill be 

 narrowed to 3 feet, and that the sill of this 3-feet gap be then hollowed 

 out so as to be deeper in the centre than at the sides, the extent of the 

 deepening to be the equivalent of the 12 inches by 6 inches omitted 

 in the first instance. 



Early in August I visited the weir at Overmills, on the river Ayr. 

 Ayr, for the purpose of inspecting the fish-pass constructed under 

 the agreement referred to in my last year's report. I arranged 

 that I should see the pass previous to the entrance of water, and have 

 the coffer-dam of sandbags removed during my visit so as to view the 

 descent of the water and its action in the pass. 1 found that my sug- 

 gestions as to construction had been carried out in every particular. 

 The pass is reported to have worked with every satisfaction during the 

 autumn and winter. 



On 30th May I was enabled to make an inspection of the cruive at Awe. 

 Inverawe. A description of the structure will be found in Appendix 

 III. So far as I am aware, and I believe I have visited all the cruives 

 in Scotland, this Inverawe cruive is unique in having the dyke so con- 

 structed as to have a free passage or " mid stream." The fact that the 

 mid-stream of ancient times has been accepted in the Courts as in disue- 

 tude induces me to make special reference to this case. When in the 

 district I also visited the Lusragen Burn, which flows from a chain 

 of small lochs, named the Black Lochs, into Loch Etive at Conn el Ferry. 

 A dam exists on this burn for the purpose of supplying water to a 

 meal mill. Frequent complaints have been made by the local inspector 

 to the miller on account of obstructions being placed in the fish-pass 

 which exists. I found the dam to be 23 feet across and 3 feet high. 

 An iron sill is inserted so as to be continuous with the up-stream face 

 of this dam. The gap at the upper end of the pass is therefore of iron. 

 It measures 2 feet 9 inches, by 6 inches. The pass itself is of wood, 

 and about fourteen and a half feet in length, but appears to have had 

 about a foot broken off from its lower end. The stream is considered of 

 importance on account of the number of sea-trout which ascend for 

 purposes of spawning. On the day of my visit I found a plank placed 

 across the upper end of the pass so as to completely close the gap and 

 raise a greater head of water for the use of the mill. 



In the 15th section of the Salmon Fisheries (Scotland) Act, 1868 [31 

 and 32 Vict., cap. 123], the 6th sub-section reads — "Who does any act 

 for the purpose of preventing salmon from passing through any fish - 

 pass, or taking any salmon in its passage through the same" ; and any 

 person who commits this offence is liable to a specified penalty. But the 

 •difficulty in a case of this kind, and such cases are not uncommon, is 

 that the obstruction is not placed for the purpose of preventing the 

 ascent of salmon ; but for the purpose of obtaining greater water 

 power. 



The loss of power caused by the presence of a 6 -inch gap in the sill 

 of a weir has, however, been repeatedly interpreted by the Courts as a 

 loss incidental to the requirements of the Salmon Acts. 



It has been stated in reports that the waterfall on the Balgay is a Balgay. 

 barrier to the further passage of ascending fish. I visited the fall in 

 J une, and was fortunate to see fish leaping. The fall, no doubt, acts as 

 an obstruction, but it is certainly surmounted both by salmon and by 



