of the Fishery hoard for Scotland, 



245 



away their nets when chased, they in many cases escaped personal identi- 

 fication, and carried off their cargo with impunity to market.* By the 

 aid of a strong force the sprat fishing in the Firth of Forth was com- 

 pletely suppressed. But as " the winter was excessively severe, the 

 sprat fishermen, deprived of their ordinary employment and means of 

 livelihood, became extremely impatient and restless." They raised an 

 action for interdict in the Court of Session, and lost it ; and ultimately, 

 owing to the excitement and distress cansed by the enforcement of the 

 Act, the Home Secretary advised the Board of Fisheries that if they 

 "should come to the conclusion that the Act in certain localities pro- 

 duced consequences detrimental to certain classes of fishermen, and not 

 contemplated by the Legislature, they would be justified in abstaining 

 from the enforcement of it in those localities, until time should be 

 afforded to Parliament for considering the provisions in question." t 

 An investigation was therefore made by the late Lord (then Dr.) Lyon 

 Play fair and Vice- Admiral Dundas, both members of the Board, into 

 the condition of the sprat fishermen and the effect of their fishing on 

 the herring fishery ; and as a result of it sprat fishing with the seine 

 neb was allowed to be resumed within a specified boundary. 



Since it was found by the Board of Fisheries that the powers con- 

 ferred upon them by the Acts of 1851 and 1860 were insufficient to 

 enable them effectually to suppress seining, another Act was passed in 

 the following year providing not only for the seizure and forfeiture of 

 the seine net, bus of the boats using it, as well as the fish they might 

 contain. Power was also given for the suspension of the prohibition 

 against the seine net when it was employed in sprat fishing within a 

 specified part of the Firth of Forth. The Board were also authorised 

 to employ the police, and under the provisions of the Police (Scotland) 

 Act a fishery police was established. J These provisions enabled the law 

 against seining for herrings to be carried into full effect, "with marked 

 results in the suppression of trawling and all other illegal modes of 

 fishing." Many seizures were made and the boats and fishing gear 

 condemned. Another unfortunate occurrence took place in Loch Fyne 

 in 1861 which forcibly drew public attention to the trawling legislation. 

 A fisherman was shot dead by a marine in one of the superintending 

 boats, acting under the orders of his superior officer. The officer and 

 marine were tried before the High Court of J usticiary and acquitted. § 



By these Acts seining for herring was almost entirely suppressed in 

 1862; the seiners joining drift-net boats or getting drift nets for them- 

 selves. A great impetus was thus given to the building of drift-net 

 boats and the making of drift, nets, and it almost appeared as if the use 

 of the seine in the herring fishery would be permanently abandoned. || 



But in August 1862 a Royal Commission was appointed "to enquire 

 into the operation of the laws relating to trawling for herrings on the 

 coasts of Scotland, having special reference to the Acts of Parliament" 

 which have been cited. This Commission, usually knows as the Playfair 

 Commission, was composed of Dr. Lyon Playfair, Professor Huxley, and 

 Lieutenant-Colonel Maxwell. Their report was presented to Parlia- 

 ment in 1863,^[ and it was of a very thorough character. They sum- 

 marised the objections raised by the drifters to the seining for herrings 



* Report by the Commissioners for the British Fisheries, 1860, p. 3; 1861, p. 3. 

 f Ibid. 



J 24 and 25 Vict., c. 72: An Act to make further Provision for the Regulation of the 

 British White Herring Fishery. Report of Commissioners 1861, p. 3. 

 §Ibid. 



II Ibid. 1862, p. 4. 



HReport of the Royal Commission on the Operation of the Acts relating to Trawling 

 for Herring on the Coasts of Scotland. 



