RELATING TO THE SALMON FISHERIES OF ENGLAND AND WALES, AS AMENDED BY THE SALMON FISHERY ACT, 1873, INCORPORATING THE BYE-LAWS, STATUTES AND CASES TO NOVEMBER, 1876. BY J: W: WILLIS-BUND, M.A., LL.B, OF LINCOLN'S INN, BARRISTER-AT-LAW, VICE-CHAIRMAN SEVERN FISHERY BOARD. LONDON: BUTTERWORTHS, 7, FLEET STREET, DUBLIN: HODGES, FOSTER & CO. EDINBURGH: T. & T. CLARK; BELL & BRADFUTE. 1.70 HARVARD COI LEGE LIBRARY GIFT OF DANIEL B. FEARING SINCE this Book was published in September, 1873, the Law as to the Salmon Fisheries in different parts of the country has been materially altered by the Bye-laws made under "The Salmon Fishery Act, 1873," by the various Fishery Boards. Last Session of Parliament, also, two Statutes were passed relating to the Salmon Fisheries.* It has, therefore, been thought well to take this opportunity of adding as a Supplement to the Book these subsequent additions to the Salmon Fishery Law. The Bye-laws, it is believed, include all the Bye-laws confirmed by the Secretary of State up to the 1st November, 1876. LINCOLN'S INN, November, 1876. 39 & 40 Vict, c. 19; c. 34. TO THE Law of Salmon Fisheries. BYE-LAWS. THE Salmon Fishery Act of 1873* gave to Boards of Conservators the power to make bye-laws upon the following subjects: : (1) Annual close time; (2) Weekly close time; (3) Length, size and description of moveable nets to be used for taking salmon; (4) Minimum size of mesh of nets; (7) To determine what marks, labels or numbers were to be fixed to nets; (8) To prohibit the use of nets within a certain distance of the mouths of rivers; (9) To determine when a gaff should be used in connection with a rod and line; (10) To determine when gratings should be fixed in streams; (11) To regulate during the annual and weekly close season the use of nets for fish other than salmon ; (12) To prohibit the use in any inland water of a net at night. The Salmon Fishery Act, 1876,† has also given power to make bye-laws: (13) To alter the period during which it shall be illegal to take or kill trout within any fishery district. Under these powers the different Boards of Conservators in England and Wales have made various bye-laws. The Home Office, shortly after the Salmon Fishery Act, 1873, * 36 & 37 Vict. c. 71. A 2 † 39 & 40 Vict. c. 19, post, p. 14. 4 SUPPLEMENT TO THE was passed, issued an official form of specimen bye-laws for the guidance of Boards of Conservators, and this form has been generally adopted throughout the different districts. (1) To alter the commencement and termination of the annual close season as to the whole or part of the district, so that such close season, when so altered, shall not be less than one hundred and fifty-four days, for all modes of salmon fishing, except with rod and line, and shall not commence later than the first of November in each year, and as regards fishing with rod and line, so that such close season shall not be less than ninety-two days, and shall not commence later than the first of December in each year. The Home Office form of bye-law under this sub-section is as follows:"1. Alteration of Annual Close Season. "The annual close season for all modes of salmon fishing except with rod and line shall commence on the and terminate on both inclusive; and the annual close season for and terminate on the the day of day of day of day of both inclusive. "Heavy penalties are imposed under the Salmon Fishery Acts, 18611873, for the breach of any of the provisions relating to the annual close season, as fixed by this bye-law." The annual close time has been varied in the following districts-Avon and Stour, Usk, Dovey, Clwyd and Elwy, Conway, Seiont, Cleddy, Ogmore, Coquet, Kent, Taw and Torridge, Axe, Avon and Erme, Camel, and Taf and Ely. For nets, the close season in the Avon and Stour begins on the 15th August and ends on the 1st February. In the Usk district the close season begins on the 1st day of September, but has been lengthened by bye-law to the 1st of April. In the other districts both the beginning and the end is altered. On the Dovey the close season begins on the 14th September and ends on the 30th April. In the Clwyd and Elwy, Conway, Seiont, Cleddy, Ogmore, and Coquet, it begins on the 15th September and ends respectively on the 15th May, 30th April, 1st March, 30th April and 25th March. In the Taw and Torridge the close time begins on the 16th September and ends on the 30th April. In the Axe the close time extends from the 20th September to the 30th April. On the Avon and Erme from the 20th September to 31st March. On the Camel from 1st October to 30th April. In the Kent fishery district, in all the district that lies north of a line drawn from the ordinary high water mark at the south end of Arnside Park to the ordinary high water mark at the south end of Holme Island, and from thence in a direction due west to the Cartmel shore, it is altered for nets only; and begins on the 15th September and ends on the 1st March. In the part south of that line the close season is unaltered. In the Taf and Ely district the close time extends from the 1st September to the 30th April. In the remaining 25 districts, that is-Eden, Lune, Ribble, Dee, Dwyfach, Teify and Cleddy, Towy, Ogmore, Rhymney, Wye, Severn, Avon Brue, LAW OF SALMON FISHERIES. 5 Fowey. Tamar and Plym, Dart, Teign, Exe, Otter, Frome, Rother, Stour, Trent, Yorkshire, Esk, Tees and Tyne, no bye-law has been made, but in some of these districts the close time is not that mentioned in the Act of 1861, but has been varied by the Secretary of State under the powers given him under the 18th section (now repealed) of the Act of 1861.* As to rods, the close time begins earlier-Avon and Stour, 2nd October to 1st February. Ends later-Usk, Taf and Ely, 2nd November to 1st April. Both commencement and termination changed-Dovey, 20th November to 30th April; Clwyd and Elwy, 15th November to 15th May; Conway, 15th November to 30th April; Seiont, 15th November to 1st March; Cleddy, 21st November to 15th March; Ogmore, 1st November to 30th March; Coquet, 15th November to 25th March; Taw and Torridge, 16th November to 31st March; Axe, 20th November to 30th April; Avon and Erme, 21st November to 31st March; Camel, 15th November to 30th April. (2) To alter the commencement and termination of the weekly close season as to the whole or part of a district, so that such season shall not commence before six o'clock on Friday afternoon, and not terminate earlier than midnight on the Sunday following, nor continue later than twelve o'clock on the following Monday at noon, such weekly close time in no case to exceed fortyeight hours. The following is the Home Office form of bye-law under this subsection : : o'clock on "2. Alteration of Weekly Close Season. "The weekly close season shall commence at and terminate at o'clock on "Heavy penalties are imposed by the Salmon Fishery Acts, 1861-1873, for the breach of any of the provisions relating to the weekly close season as fixed by this bye-law." In the following districts, in pursuance of this power, the weekly close season has been varied-Taw and Torridge, Lune, Ribble, Rother, Teign, Avon and Stour, Usk, Dee, Eden, Taf and Ely. In all cases, except the Dee and the Eden, the same time applies throughout the district; there the weekly close time is different in different parts of the district. The weekly close time as varied is as follows:-On the Taw and Torridge, midnight Friday to midnight Sunday. On the Lune, Ribble, Rother and Teign, 6 A.M. Saturday to 6 A.M. Monday; Avon and Stour, Usk, and Taf and Ely, noon Saturday to noon Monday. In the Dee, below Chester Weir, midnight Friday to midnight Sunday; above Chester Weir, noon Saturday to noon Monday. In the Eden, from the Public Water to North British Railway Bridge, 6 A.M. Saturday to 6 A.M. Monday. All other parts of district, noon Saturday to noon Monday. (3) To determine the length, size, and description of nets, and the manner of using the same (not being fixed engines) for taking salmon: Provided that no bye-law made under the authority of this section shall limit the length of a hang net, or limit the length of a draft net, so as to be less than two hundred yards. *See ante, p. 185. |