SIR,--Through the polite attention of Mr. Cardwell I have been
favoured with a copy of your bill--"For the better preservation of
Salmon." As this is a subject to which I have paid some attention,
I trust it will not be deemed impertinent if I offer some
suggestions for your consideration with regard to the free gap. It
appears to me that it will be desirable to specify the width and
depth of this free gap, or it may on the one hand degenerate into
a mouse-hole, or on the other hand the surveyor, by the provisions
of the 13th section of the Act, may insist on such a gap being
made that the whole of the water may be diverted through it, which
in small rivers, where there are ancient and legal hecks or
cruives for the purpose of taking Salmon, will destroy the value
of the fishery. Then, with regard to fence time:--In the 6th
section of the Act, I presume you do not intend that night fishing
shall be allowed at any season of the year; but it appears to me
that the expressions in the 6th section would scarcely prevent the
owners of cruives from keeping them open, as they need not go near
them between sunset and sunrise, and then they will neither lay,
draw, nor fish with any net, device, or engine. Would it not be
better to expressly insist upon all cruive fisheries being
positively closed from sunset to sunrise? or, what would be still
better, that the cruive or heck should have a free gap in it, of a
specified size, which should be kept constantly open between
sunset and sunrise. As this is one of the most important sections
of the Act, I may be pardoned for calling your particular
attention to it; for unless this section be vigorously enforced,
it will be in vain to legislate on the subject;--for the
proprietors near the sources of rivers (where most of the fish
spawn) will never interest themselves about the preservation of
fish which they are not allowed to see when in season, and which
has hitherto been the case in this neighbourhood at all events;
but if the fish are allowed a free passage everywhere, and at all
times, between sunset and sunrise, the upper proprietors will then
have some inducement to take care of the fish in the spawning
season. Until now, all the good fish have been taken in the
fisheries near the mouth of the river.
There is at present a great trade carried on in this neighbourhood
in Salmon roe, as a bait for Trout and Eels, and scores of
spawning Salmon are now destroyed for little else than the spawn
they contain. Cannot this be prevented?
* * * * *
_May 5th_, 1846.