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this unfortunate state of matters with regard to trout - fishing in Scotland, but up to the present time these efforts have proved unsuccessful. In 1894 Lord Lamington introduced in the House of Lords a Trout Fishing (Scotland) Bill. This bill provided that

any

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"it shall not be lawful for any person whatever, at any time after the ing of this Act, between the first day of November in any year and the first day of February in the year following, both inclusive, to fish for common trout (Salmo fario) in any river, water, or loch in Scotland, by net, rod, line, or otherwise, or in any way whatever to take such trout from such river, water, or loch; or within such dates, both inclusive, to have possession of or expose for sale such trout; and if any person shall so fish for or take such trout from any river, water, or loch in Scotland, or shall have possession of such trout, or expose such trout for sale at any time within the said dates, both inclusive, such persons shall forfeit and pay a sum not

exceeding five pounds for every such offence."

Further, it was provided that this new Act should be read and construed along with and as part of the Trout (Scotland) Act, 1845, and the Trout (Scotland) Act, 1860, which have been already referred to. Lamington's bill was blocked in Unfortunately Lord the House of Commons, and nothing further came of it. The Fishery Board for Scotland, however, determined to ascertain the opinions of all the County Councils in Scotland on the subject of a close-time for trout. They were each asked to state if in their opinion a close - time for trout were desirable, and, if so, during which months such closetime should extend. Herewith are appended the answers to these questions, which Mr J. B. Balfour, the ex-Lord Advocate, kindly gave me liberty to publish :

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COUNTY.

OPINION.

Dumbarton

Western District Committee Expedient in interests of trout-fishing. Dumfries

Elgin

Forfar
Haddington

Kincardine

Kirkcudbright

Linlithgow
Mid-Lothian
Nairn
Orkney J
Peebles.

Perth

Renfrew

Roxburgh

Selkirk.

Stirling.

Sutherland

Wigtown}
Zetland
Angling Associations

Proposal desirable and would meet with acceptance.
Think time should be 1st October to 1st March for
Dumfries; dates in other counties should be fixed by
local bodies-say, County Councils.

County Clerk says there is an unwritten law among
fishermen to observe close-time for trout during salmon
close-time.

County Council thinks there is no necessity for an enactment on subject.

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No opinion expressed.

In favour, but close-time should be from 1st October to 1st February.

Close-time would be very advantageous.

Close-time should be from 1st October to 1st March.
fClose-time desirable, and could be enforced without
much difficulty.

Finance Committee consider close-time from 1st November
to 1st February, or during Tweed close-time, desirable,
and that it would meet with general favour.
Four District Committees and Finance Committee approve
of the bill. One of the District Committees and Fin-
ance Committee in favour of 1st October to 1st March.
It is believed that close-time would meet with general
acceptance.

Close-time approved; might be even longer. Would meet
with acceptance.

Approve; but think it should extend from 1st November to 1st March.

County Clerk thinks all public bodies should favour closetime; each County Council should fix close-time for its own district.

Convener of Council is of opinion that the matter is one on which Council would not care to express an opinion. Close-time proposed would be in interest of trout-fishing. J Close-time considered advisable; not likely to be objected to.

Out of 44 circulars sent out, replies were received to 25, all of which, with one exception, were in favour of the bill. Many expressed the opinion that the close-time should be even longer than that proposed in the bill, while some desired the extension to 1st March, but a larger number wished it to begin earlier-say on 1st, 10th, or 15th October. A considerable number of the secretaries made no reply as to whether there would be any difficulty in enforcing the close-time, but, with one exception, those who did send an answer anticipated no difficulty.

Summarising the reports from the County Councils in Scotland, it may be said that, with the single exception of the Islay Board, in which district there is comparatively little trout-fishing, the whole of the County Councils have expressed themselves practically

in favour of a close-time for trout, while most of them wish the period mentioned in Lord Lamington's bill to be still further extended. This bill, as has been stated above, failed to pass the House of Commons. So in 1896 Sir Herbert Maxwell brought before the House

of Commons a new Trout Fishing (Close Time) (Scotland) Bill, which has the backing of, among other sportsmen, Sir John Kinloch, the Liberal member for the East Division of Perthshire. Sir Herbert Maxwell's bill follows closely on the lines of that of Lord Lamington, but introduces one very important modification. The first clause is, to all intents and purposes, identical with that of the bill above quoted, with the exception that the period proposed for the close-time is considerably extended. The clause runs as follows:

"It shall not be lawful for any

person, except as hereinafter specified, at any time after the passing of this Act, between the fifteenth day of October in any year and the twenty-eighth day of February in the year following, both inclusive, to fish for common trout,... or within such dates, both inclusive, to have possession of or expose for sale such trout."

Maitland, whose fish-hatcheries at Howietoun are known all over the world, as there was no exception in favour of such hatcheries made in Lord Lamington's bill. I have the personal authority of Sir James Maitland for the statement that he highly approves of the present bill of Sir Herbert Maxwell, and that he has signed the petition in its favour. And not only has this bill received the cordial approval of so noted a pisciculturist, it has been welcomed with joy by almost every Angling Association throughout Scotland; and the petition in its favour prepared by Mr Gordon Mason, the Secretary of the United Edinburgh Angling Clubs, contains over 10,300 signatures.

Further, in the report of the Royal Commission on Tweed and Solway Fisheries, appointed by Lord Rosebery's Government in 1895, it is unanimously recommended, among other things, that

Further, a special exception is the general law of Scotland should be amended in this respect :

made in favour of stews and artificial hatcheries in the addition

"Provided that nothing in this Act shall render liable to a penalty under its provisions the owner, occupier, or lessee of any stew or artificial pond or other water where trout are kept in captivity, or artificially reared and fed, nor any person employed by such owner, occupier, or lessee, nor any person to whom such trout may be consigned for sale or otherwise by such owner, occupier, or lessee, or by a person or persons employed by him."

It may have been remarked that the Convener of the Stirling County Council stated that the matter of close-time was one on which Council would not care to express an opinion. This course was adopted on the recommendation of Sir James Ramsay Gibson

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the public to free fishing for trout with certain limited exceptions, objected to any close-time being enforced unless that right to free fishing were first legally established. According to the evidence from all parts of the Tweed, it appears that the proprietors in whom at present the legal right to trout-fishing is vested are extremely liberal in granting facilities to the public to prosecute trout-fishing to their hearts' content. Under these circumstances we are unable to recommend such an alteration in the law as Mr Brown suggests; but, though it is somewhat beyond our province to do so, we recommend that the general law of Scotland should be amended so as to provide a close-time for trout, and that the sale and possession of trout should be made illegal during the close-time."

Mr A. L. Brown, having thus failed to influence the Tweed and Solway Commissioners in favour of a bill for free fishing, has now proceeded, in conjunction with his successor in the Border Burghs, Mr Thomas Shaw, the ex-Solicitor-General for Scotland, to concoct a scheme whereby to defeat Sir Herbert Maxwell's bill for a close-time for trout. In order to do this effectively, he has entered into an unholy alliance with certain Irish members who have blocked the bill. It may very reasonably be asked what the Irish members have to do with blocking a bill for a close-time for trout in Scotland, especially when, as I have shown above, the trout and pollen in Ireland have the benefit of a closeseason. The reason Mr Brown has had the audacity to make public in the press it is that "the Border Burghs have helped the Irish cause." Thus, for party purposes, certain members of the Irish gang are blocking a bill about which they, in all probability, know nothing and care less ! But in whose interests is

it that Mr A. L. Brown and Mr Thomas Shaw are so anxious to

acquire this free fishing? Is it for the benefit of the respectable angler in that Border constituency? Not so. I defy Mr A. L. Brown or Mr Thomas Shaw to produce a single respectable angler from the Hawick Burghs who has expressed himself in favour of such an enactment. I here quote, may as of more weight than any words of my own, a memorandum regarding the origin and progress of the Upper Teviotdale Fisheries Association, the largest and most important association of the kind in Scotland, prepared for the Duke of Buccleuch by the secretary of the Association on April 9, 1894. These fisheries, it may be mentioned in passing, are connected chiefly with the very constituency which had for its representative in Parliament Mr A. L. Brown in the past, and possesses Mr Thomas Shaw for the present. After showing that the Association was formed in 1881, so that "all respectable anglers could obtain liberty to fish, for the payment of a small annual fee, and which Association would have the power to enforce an annual close-time for trout, and to protect the waters from unlicensed fishers and poachers," the report goes on to show what has been done in that direction since the commencement of its operations. Licences have been granted, the waters have been protected, and the trout-fishing has improved enormously. But a still further benefit has been conferred upon all the decent anglers in the neighbourhood through the action of this Association. The memorandum thus puts it:

"By preventing any one fishing for a livelihood, by prohibiting any angler

allowing dogs to follow him to the riverside, and by refusing its licence to all parties who have infringed its rules, or who are suspected of poaching, of whom there are at present no less than 106 on the Black List, the Association has, in a great measure, put a stop to poaching in the district."

It appears to me that this report of the Upper Teviotdale Fisheries Association conclusively proves that the respectable angler will have nothing to do with the free fishing bill proposed to be granted by Mr A. L. Brown and Mr Thomas Shaw, and that the only persons that will reap any benefit through the passing of such a measure would be the 106, or thereby, so-called anglers who, from their poaching methods or

wilful breach of the regulations of that society, have been publicly debarred from receiving licences to fish.

It has been further

alleged by Mr A. L. Brown and Mr Thomas Shaw that the bill of Sir Herbert Maxwell is one in the interests of the landlords of Scotland only. This, I consider, is a deliberate misstatement of fact. The bill has been carefully prepared for the benefit of the respectable angling community, and has, as I have shown, the support of the representatives of practically the whole of Scotland. It is to be hoped that Mr A. L. Brown and Mr Thomas Shaw employ more sportsmanlike methods in their angling than they appear to do in dealing with political questions.

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