of the Fishery Board for Scotland. 



7: 



(Schedule F, 31 and 32 Vic. c. 123). The alterations have, however, 

 since become vinnecessary, as the District Board, by agreement with the 

 proprietor, have purchased the cruives and cruive dyke for the purpose 

 of removal, in terms of the 13th Section of the Act of 1868. The 

 work of demolition was completed before the commencement of the 

 fishing season, and the formidable artificial obstruction which has 

 hindered the passage of fish for upwards of a hundred years is now 

 removed altogether. The decision given in the above case (Duke of 

 Fife and others, 23 February 1897) is of considerable importance to 

 District Fishery Boards, beaiing as it does on the question of how far 

 the clause at the end of Section 6 of the Act of 1862 (25 and 26 Vic. 

 cap. 97) afiects the regulations made by the Commissioners with regard 

 to the construction and use of cruives — a question discussed at some 

 length in a memorandum with regard to the law relating to ciuives, 

 which is printed in Note III. of the Appendices to the Thirteenth 

 Annual Report of the Fishery Board, Part II. By the clause 

 referred to the regulations made by the Commissioners are subject 

 to an important qualification, viz., " that such regulations shall 

 " not interfere with any rights held, at the time of the passing 



of this Act, under Royal grant or charter or possessed from 

 " time immemorial." From the opinion expressed by the Lord 

 President, it would seem, in effect, that the mere fact of cruives 

 having been of a particular size for upwards of a hundred years does 

 not give a right of immemorial possession in the sense of the Act, and 

 that, in absence of a right under charter to any particular size or 

 description of cruive, cruives must be constructed in accordance with 

 the regulations made by the Commissionei'S. The report of this case is 

 given in Note III. of the appendices. 



I next visited the district of the Kyle of Sutherland, where I was Kyle of 

 met by Mr. Main, the Superintendent of Salmon Fisheries to the Sutherland. 

 District Board, who accompanied me in my inspection. In this district 

 a new procedure was instituted during last fishing season. A syndicate of 

 those interested in the rod fishings in the upper waters obtained a lease 

 of the valuable net fishings at Bonar Bridge, with a view of regulating 

 them so that an increased number of fish may have access to the upper 

 waters during the net fishing season. Instead of the statutory weekly 

 close time of 36 hours, a weekly close time, beginning at 6 p.m. on Friday 

 and terminating at 6 a.m. on Monday, has been observed. With the ex- 

 ception of two stations at the mouth of the Carron, the same number of 

 stations were worked, and they were fished in the same manner as 

 before. The fishermen, I am informed, have suffered no loss through 

 this arrangement, as they are paid the same wages for fishing five days 

 as they formerly received for fishing six days a week. This scheme of 

 leasing the net fishings in the lower waters by those interested in 

 the upper would seem to be a happy solution of the questions in 

 dispute between upper and lower proprietors, and to be worthy of 

 imitation in other districts. It tends to prevent overfishing and to 

 promote united action for the development of the fisheries. In rivers 

 which are overfished it seems, also, to be a wise and remunerative 

 policy. The increased value of the angling waters makes up for the 

 immediate loss incurred by restricting netting, while the protection of 

 a larger number of breeding fish, by increasing the production of fish, 

 should improve the yield of the net fishings in future years. 



On the 26th July I inspected the works erected by the Glasgow Loch Katrine. 

 Waterworks Commissioners at the outlet of Loch Katrine, and sub- 

 sequently had an interview at Dunblane with Mr. Barty, who is repre- 

 senting the proprietors of salmon fisheries on the river Teith in the 



