I am aware it will be difficult to legislate upon this subject without injury to what is of infinitely greater importance—I mean the manufactories of the country. The absurd and impracticable clauses which were contained in the bill for the protection of the fisheries, which was introduced into Parliament in 1825, show this; yet notwithstanding this difficulty, I think it is possible to protect the fish without interfering with the interest of the mill-owners, and to make such laws on the subject as will be effectual, without calling forth a single objection from any unprejudiced person. I shall be glad if what I have said on this subject should induce any gentleman to turn his attention to it. There must be many whose opportunities of observation will enable them to determine whatever is doubtful in the natural history of the Salmon tribe; whose experience will teach them the defects and absurdities of the present laws on the fisheries; and whose influence will, if they can be induced to exert it, materially contribute to their amendment.
CLITHEROE, January, 1834.
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THE SALMON ENTERS AND ASCENDS RIVERS FOR OTHER PURPOSES BESIDES PROPAGATION. [5]
In addition to the objections which I have offered to the seeming doubt of Dr. Fleming, whether Salmon enter rivers for any other purpose besides propagation, the following have come to mind; and though they do not apply to the Salmon, they confirm me in the opinion that there are reasons, of which we know nothing, for fish ascending rivers, which are not at all connected with propagation. One is the habit of what is here called streaming. In the winter the fish not engaged in spawning (I speak of Trout, Grayling, Chub, Dace, &c.) leave the streams and go into deep water; either because the water is warmer there, or because they there find more food; and it is well known to fly-fishers that they do not catch many fish in the streams if they begin early, say in February. It is proverbial here that fish begin to stream when the great grey, or what is called in other districts the devil or dule crook, and in March brown or brown drake, comes upon the water; and I have seen Trout by scores leaping at a weir in the beginning of May, whether in search of food or an instinct implanted in them to keep all parts equally stocked with them, I do not know; but it has certainly nothing to do with their spawning. Is it presumptuous to suppose that God in His providence has implanted this instinct in Salmon for our good, that we might have a supply of excellent food, which without this would be in a great measure unattainable? Whether this is the true cause, and the only one, I am unable to determine; but this is the effect produced, and in the absence of other reasons it is, in my opinion, one that ought to be admitted. Another reason why fish ascend rivers is their impatience of heat. I speak now more particularly of Grayling; if the weather is very hot at the end of May or the beginning of June, the Grayling in the Wharfe (they are almost unknown in this part of the Ribble) ascend the mill streams by hundreds, and go up the wheel races as far as they can get, and stay there until the stoppage of the wheels (many a ducking have I had in pursuit of them), when they are obliged to beat a retreat, and this often proves a disastrous one to many of them. The ascent of young Eels by millions, and the ascent of the Flounder, are neither of them connected with the propagation of their kind, and though I cannot say for what purposes they do ascend, I am, I think, justified in doubting assertions which seem to have nothing to support them but the positive manner in which they are made.
The Salmon Par is neither a Hybrid nor a distinct species of the genus Salmo, but a state of the common Salmon. The author of "Wild Sports of the West" says of the Par, as I have noted previously, "That it has very much the appearance of a Hybrid between the Salmon and the Trout, and (in a note) that the natural history of this fish is doubtful. Some conjecture that it is a Hybrid between the Salmon and Trout, because it is only found in rivers which are frequented by Salmon. Others think it a cross breed between the sea Trout and river Trout," and then he speaks of this "hybridous diminutive," as if he thought one of these opinions was correct. That the Par is not the result of a cross between a sea Trout and a river Trout, is proved by the fact that there are no sea Trouts in the Wharfe, the Par (admitting it to be a distinct species, which I do not), the Salmon, and common Trout being the only kinds of Salmonidae which are found in that river, at least where I am acquainted with it. If the Par be the result of a cross between the Salmon and the Trout, what becomes of it in the spring, and where are all the Par, which were so abundant in October, gone to in April? Did they migrate to the sea, the shoals would be met with by somebody; and did they stay in the river they would be caught at one time or other. However, as it is well known that neither of these cases is ever realized, we must suppose another, which I have already done in my former communication. In fact, in angling in the beginning of March, fish are often caught which would puzzle the most experienced fisherman to determine whether they are Par or Smolts, especially after they have been caught some time; and in a large number caught at that time there are all the intermediate shades of appearance between the perfect Par and the real blue Smolt.
CLITHEROE, May 29th, 1834.
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CLITHEROE, March 18th, 1846.
TO MR. PAKINGTON (LORD HAMPTON).
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?
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May 5th, 1846.
H. GEORGE, ESQ.
SIR—I enclose a letter I had addressed to Mr. Pakington on the subject of the preservation of the breed of Salmon. I had written to him because I perceived that he had introduced the bill into the House of Commons, but since