60 



A/j/n /ulUrs to Sixtcenfh Annuai Report 



My attention was also directed to a very serious clerical error in sec. 

 12. The words, "not less than eighteen inches " are used in place of 

 ''not niore than eighteen inches," thus making the slight concession to 

 salmon fishing interests, which it was evidently intended to insert in 

 the concluding lines of the section, quite useless. 



For the complaints made w^ith regard to section 12 there would seem 

 to be no redress without fresh legislation, and I would venture, there- 

 fore, to submit this matter for the consideration of the Fishery Board. 



Ill closing my report on the "Morphie or Kinnaber dam dyke, I beg 

 to summarise the conclusions at which I have arrived, as f ollows : - 



1. That, owing to the form and dimensions of the dyke, the fish pass, 

 although capable of improvement, probably affords as easy a passage for 

 fish as is possible in a pass of that desciiption. 



2. That the bed of the river in the immediate neighbourhood of the 

 dyke does not present any i-eal obstruction to the passage of fish. 



3. That the unavoidable difficulty which salmon experience in ascend- 

 ing every fish pass is in this case increased by the want of a sufficient 

 volume of water to attract them, the deficiency of water being caused,, 

 (a), by the substitution of turbines in place of water wheels ; (6), by tlie 

 exemption, under sec. 12 of the Act of 1868 (31 & 32 Vict. cap. 123) of 

 the lade from the bye-law as to the closing of sluices. As the law at 

 present stands, however, it does not seem to me that the District Board 

 can take any action beyond purchasing the dyke for removal in terms^ 

 of the 13th section of the Act of 1868. I have the honour to be, 



Your obedient Servant, 



(Signed) WALTER E. ARCHER.. 



The Fishkky Board for Scotland, 



Ediniu rch, 20th December, 1897. 



7. Bye-t.aw G, Regarding Mill Dams or Lades, Sluices, and- 

 Salmon Passes, (fee. 



Bye-law (I., 25 & 26 A^ict. c. 97—26 & 27 Vict. c. 50- 27 k 28 Vict. c. 



118. ''Acts to regulate and amend the Law respecting 

 the Salmon Fisheries of Scotland." 



We, the Commissioners appointed under the said Acts, and empowered thereby 

 ' to make general regulations with respect to the construction and alteration of 

 ' mill dams or lades, or water wheels, so as to afibrd a reasonable means for the 

 ' passage of salmon,' do hereby make the following general regulations with 

 respect to the construction and use of mill dams or lades, or water wheels : — 



1. Every new dam, and every portion of any dam that may require to be 

 renewed or repaired after this time, shall be made and maintained water- 

 tight, or as nearly so as possible, so that no water that can reasonably be 

 prevented shall run through the dam ; but all water not taken into the 

 lade for the use of the mills or other lawful purpose shall be made to flow 

 over the dam as fally as may be practicable. 



2. There shall be a sluice or sluices at the intake of every mill lade. No 

 water shall, with the exception hereinafter stated, be allowed to enter any 

 mill lade beyond the quantity required for the use of the water wheel or 

 wheels of any one fall on that lade, or for other lawful purpose in the lade; 

 that is to say, no water shall be allowed to escape from any lade into the 

 river by means of any bye-wash or overflow, but all water not required for 

 the uses aforesaid shall be made to flow over the dam into the river as far 

 as may be practicable. 



