I may perhaps be allowed to say what, in my opinion, would remedy this alarming destruction, particularly as no one hitherto seems to have devised an efficient preventive. I believe that in 1826 there was an Act of Parliament passed which either repealed or modified some of the old laws on the subject, and I have also understood that the good effects of this new law are already perceptible in Scotland, to which it is exclusively applied. There was a bill introduced into Parliament in 1825 which was intended to apply to the whole kingdom; but some of the clauses were so very objectionable, that if they had been carried they could not possibly have been enforced without stopping and ruining the manufactories which were carried on by water-power, and the bill was consequently abandoned. The first thing to be done is to give the proprietors on the upper part of the river such an interest in the fisheries as will make them anxious about the preservation of the fish in the spawning season; and to accomplish so desirable an object no one ought to fish or keep a net stretched across a river for more than twelve hours each day, or from sunrise to sunset; and every mill-owner ought to be compelled to facilitate the passage of the fish over his weir by every means consistent with the proper supply of water to his wheels. At present the fisheries at the mouths and lower parts of rivers so completely prevent the access of the fish to the upper parts, that unless there happen to be high floods, which prevent the fishermen below from keeping their nets in, the upper proprietors comparatively seldom see any until the season is at an end. The evidence before the House of Commons on this point is exceedingly amusing. One person thinks the upper proprietors have no right to expect any fish, as they have never paid any consideration for them when they bought their estates; another states that he pays £7,000 a year to the Duke of Gordon, and that if he is compelled to observe a weekly (not a daily) close time, he will lose that proportion of his rent; another observes the weekly close time, and opens a passage for the fish, but places a crocodile, painted in very glaring colours, in the gap to frighten them back again; another says he observes the weekly close time in his cruive fishing, but no one is allowed to inspect the cruives; another sends men to break down the stake nets in the estuary, which reach from high to low water-mark, and at the same time stretches a net completely across the river from March to August, so that a fish cannot pass without his permission. No wonder that fish are scarce in the upper parts of the river, when such samples of disinterestedness are manifested by the proprietors of the fisheries below. No wonder that the upper proprietors should be careless about the protection of fish from which they are not allowed to derive any benefit. No wonder that they should connive at, and even encourage, the shameful destruction of fish in close time, since that is the only time they are allowed to have any. Let the fishermen below make it worth the while of the upper proprietors to protect the fish, and they will receive that protection; but it is too much to expect from human nature that these proprietors will take all the odium and trouble of preserving them when others reap all the benefit. There ought to be conservators employed, to see that the fisheries are properly regulated, and these should be paid by an assessment on all the proprietors in proportion to the value of their fisheries.
I should also recommend an extension and uniformity of close time in all the rivers in the kingdom, for although it is an undoubted fact that some clean fish are caught in the river early in the season, yet they are comparatively few in number, and their capture involves that of a far greater number of spawning and Kelt fish, which are not only of no value for the table, but the destruction of which is in effect the destruction of millions of fish which would proceed from them. In the first Parl. Rep., p. 11, Mr. Walter Jamieson says, that in the river Tweed, from January 10th to February 1st, he caught one hundred and twenty-one fish, only one of which had spawned; from February 1st to March 1st he took forty-four fish, twenty-five of which had not spawned—fifteen were Kelts and four were clean fish; from March 1st to March 10th he took seventeen fish, seven of which had not spawned (four of them on the 10th)—six were Kelts and one clean fish. Now the close time varies in almost every river, and some have no close time at all; thus in the Ribble the close time begins on September 15th and ends on December 31st, and in the Hodder there is no legal close time; but there is no practical difference between them in this respect, every one thinking himself entitled to kill all the fish he can, at all times of the year, in both of them. The observance of the weekly close time, that is, opening a passage for the fish from sunset on Saturday night to sunrise on Monday morning, is a mere farce, even if it could not be evaded, as it almost invariably is, for it is well known to every one conversant with the habits of Salmon, that they only ascend the rivers when there are freshes (floods) in them, and in summer the ground is generally so dry, and vegetation absorbs so much moisture, and the evaporation is so great, that it not only requires twice as much rain to produce a flood in the river then as it does in winter, but when the rain does come its effects are only visible in the river for a short time. I have known a strong fresh in the Ribble in the morning, and the river low again in the afternoon of the same day. A fresh coming at the beginning of a week, would disappear long before the close of it, unless the rainy weather continued; and thus the strict observance of the weekly close time would be of little service to the upper proprietors unless the fresh came at the right end of the week.
The Smolts and the Par ought to be protected as strictly as the Salmon; and there ought to be a penalty attached to the killing of them, or having them in possession, and conservators of rivers ought to have the power of inspecting all mills and manufactories driven by those rivers, to ascertain that they have no contrivances for taking the fry on their way to the sea, as it appears that in some rivers they are taken in large quantities. There ought also to be a penalty attached to the killing of Kelt fish, which in that state are not only tasteless and insipid, but actually unwholesome; yet they are pursued and destroyed with as much avidity as the fresh fish, and a very small number of the few that spawn in safety ever return to the sea. A penalty ought also to be inflicted for selling, buying, using, or having in possession Salmon roe, either in a fresh or salted state, as its excellence as a bait for Trout and Eels, and the consequent high price at which it sells, are sufficient temptations to poachers to kill the Salmon in the spawning season even if they could not sell or use any other part. Yet destructive as this practice is, there is an extensive trade in this article—a fishing-tackle maker in Liverpool having told a friend of mine that he sold 300 lbs. in a season, which, supposing every egg to hatch, would produce perhaps five times as many Salmon as are caught in one year throughout the whole kingdom. [4]
In concluding this imperfect sketch, I may remark that I have omitted many things concerning the natural history and habits of the Salmon, fearing to trespass too much on the patience of my readers; but I have wished, in addition to communicating some facts in the natural history of this fish, which I believe are not generally known, to call the attention of the public to the present state of the Salmon fisheries in England. Many of the preceding observations are founded on the evidence of persons connected with the fisheries in Scotland, and are perhaps no longer applicable to that part of the kingdom, since there has been an alteration in the laws; whether this is the case or not, I have no present means of ascertaining. I shall be glad if any one having a knowledge of the subject will say what benefit, if any, has been derived from the alteration; however, it is sufficient for my present purpose to show what is the state of things when there are no laws on the