4 SECOND REPORT OF THE unusual prevalence of poaching (in some cases amounting to a total destruc¬ tion of the Fisheries), absorb a larger portion of public attention; and are considered as especially requiring immediate legislative redress.
The prevalence of poaching in Ireland, though in part attributable to the circumstances and habits of the peasantry, is principally encouraged by the absence of an efficient Police; and this, again, is referable to the peculiar nature of the property, and the conflict of interests which that occasions.
It is probable, likewise, that the facilities given to Poachers by the Irish Acts, which concede to the Proprietors and River Farmers the right of tak¬ ing Salmon at all times of the year in several of the Irish Rivers, may also contribute to the same results.
The most productive Fisheries are situated nearest to the mouths of the rivers; whereas, the legal protection of the breeding Fish is principally requisite in the upper and shallow waters.
This natural conflict of interests is much increased by the mal-practices above-mentioned, which are pursued in the Fisheries along the course of the stream, for unduly intercepting the Fish in their passage upwards.
These are, in some cases, so successful as to deprive the upper proprietors of all pecuniary inte¬ rest in the Fisheries, and to render them absolutely indifferent to poaching, and unwilling to co-operate, either in purse or in person, towards its abate¬ ment.
Wherever the lower Fisheries are of sufficient value to pay the expense of protection, and the shallow spawning places are under the effectual control of the beneficiaries, the breed seems to be adequately protected; and few complaints are then made of a deficiency of Fish, arising from the use of especial engines employed in lawful fishing: whence it may be inferred, that disputes on that point relate rather to the distribution of the property, than to its absolute quantity.
Neither, in such Fisheries, is the exact period of close times a matter of major concern : those interested in them naturally abstain from what is inju¬ rious to themselves ; whereas, the indiscriminate take of Salmon, at all sea¬ sons, is desirable only to the poacher, or to the Upper Proprietor who has no marketable share in the proceeds of the river.
It is chiefly, therefore, where a rivalry subsists between different classes of Proprietors, thatthe proper times of fishing, and the use of stake-nets and other well-contrived engines for capturing the Fish, become matters of dispute or litigation.
The extent to which this conflict of interest operates, is cognizable in the contradictory nature of the evidence offered in the various Reports, as well respecting the natural history of the Fish, as the tendency of the several practical points in debate.
On scarcely any one particular is the testimony concurrent and unanimous; insomuch, that fixed bases for legislation can only, if at all, be attained, by a lengthy and philosophical course of independ¬ ent investigations.
Occupied, as the Commissioners have been, with the Coast Fisheries, they have not found leisure for such an examination; and the subject, both in its relations to private property, and to the interest of the public in a maximum supply of Fish, is too important to be hastily and care¬ lessly provided for.
Under these circumstances, the Commissioners would feel themselves com¬ pelled to ask a long extension of time for making their Report, if it were ne¬ cessary to go into a separate investigation on behalf of Ireland ; but they are satisfied that no such necessity exists—that whatever laws are requisite for the British Salmon Fisheries, will be found generally sufficient for those of
