Fishery Board for Scotland. 



Ivii 



greatly increasing the supply of oysters and mussels by inducing 

 individuals or companies to engage in their cultivation. 



The Board of Trade, when the powers as above narrated were 

 transferred to this Board, had under their consideration an appli- 

 cation which had been made to them by the Tayport Mussel Com- Twoappiica- 

 pany, which consequently fell to be dealt with by this Board. It oyste^Lui 

 was for an Order under the Sea Fisheries Act, 1868, for the establish- Mussel Fishery 

 mentof a ' several oyster and mussel fishery' on the foreshore of the ^ay ^^^^^ °^ 

 Firth of Tay near Tayport, and the Company applied for a further 

 Order for the regulation of an oyster and mussel fishery below low 

 water mark at the same place. These two applications were pro- 

 posed to be dealt with by one Order ; and upon such Order being 

 advertised in terms of the statute, objections to its being granted 

 were received from certain fishermen of Broughty Ferry, and other 

 persons. Thereafter, acting upon an appeal from these fishermen, 

 the Police Commissioners of Broughty Ferry made an application 

 to the Board for a grant of similar powers over the same area. 

 With the view of endeavouring to settle the matter in a way that Proposal for 

 would be satisfactory to both parties, the Board asked that repre- satisfactory 

 sentatives of their number should be sent to confer with them on the matter, 

 subject. A conference afterwards took place, when it was generally 

 agreed that the two applications which had been made for an Order 

 should be withdrawn, and that a new one, regarding which both 

 parties could agree, would be substituted. No application for such 

 new Order has as yet been received. 



From inquiries which the Board made through their officers and Sale of imma- 

 other persons, they learned that the provisions of the Fisheries ^Jj^^Jg^^^^'^ 

 (Oyster, Crab, and Lobster) Act, 1877, forbidding the taking 

 and selling of undersized and immature crabs and lobsters, were 

 infringed in certain parts of Scotland. They therefore, in order to Action of Board 

 carry into effect the statute regarding these shell fish, prepared a J^^^!^^^^ 

 placard setting forth in plain terms what the law is, and giving enforce its 

 notice that all persons contravening its provisions would be pro- provisions, 

 secuted. In the placard it was stated that by the above mentioned 

 Act it is provided that — 



Section 8. — A person shall not take, have in his possession, sell, expose for Sizes under 

 sale, consign for sale, or buy for sale, — which Crabs 



(1.) Any edible crab which measures less than four inches and a quarter and Lobsters 

 across the broadest part of the back ; or taken^or sold 



(2.) Any edible crab carrying any spawn attached to the tail or other ex- 

 terior part of the crab, whether known as 'berried crab,' 'seed 

 crab,' ' spawn crab,' or ' ran crab,' or by any other name ; or 

 (3.) Any edible crab which has recently cast its shell, whether known as 

 ' caster,' ' white crab,' ' white-footed crab,' ' white-livered crab,' ' soft 

 crab,' ' glass crab,' or by any other name. 

 Every person who acts in contravention of this section shall be liable to a 

 fine not exceeding £2 for the first offence, and £10 for the second and every 

 subsequent offence, and to forfeit all edible crabs exposed for sale, consigned for 

 sale, or bought for sale in contravention of this section ; provided that a person 

 shall not be guilty of an offence under this section if he satisfies the court that 

 the edible crabs found in his possession or alleged to have been sold, exposed 

 for sale, consigned for sale, or bought for sale, were intended for fishing. 



Section 9. — A person shall not take, have in his possession, sell, expose for 

 sale, consign for sale, or buy for sale, any lobster which measures less than eight 

 inches from the tip of the beak to the end of the tail when sx:)read as far as pos- 

 sibly, flat.^, , ; , , . , , 



