parts of the district; thus the board could make a close time for the estuary beginning, say, on the 1st August, on the middle waters on the 1st October, on the upper on the 1st November, the only limitation is that in every part of the district there must be at least 154 days in the year when salmon may not be fished for, and in no part of the district can those 154 days begin after the 1st November.

For fishing with rods the same rule holds, with Rod fishing. this exception, that there need not be more than ninety-two days in each year when rod fishing may not be carried on; there must be ninety-two days, and these ninety-two must begin not later than the 1st December. There is nothing, however, to prevent the board fixing the ninety-two days from the 1st January, and so keeping December an open month for rod fishing.

(2) Weekly close time.

In regard to weekly close time the board has power, (1) to increase the weekly close time six hours, from forty-two up to forty-eight hours; (2) to make the forty-two or forty-eight hours begin at any time between midnight on Friday and 6 P.M. on Saturday. There must be fortytwo hours in each week close time, and it must last until midnight on Sunday, and not later than noon on Monday; but, with this exception, the board can make it begin and end as they like. They may have a different weekly close time in different parts of the district: forty-eight hours in the estuary, beginning at 6 P.M. on Friday, forty

2. Weekly close time.

3. Size and description of

nets.

4. Size of mesh.

two in the upper waters, beginning at 6 P.M. on Saturday; but there must be a minimum of fortytwo, a maximum of forty-eight, hours.

(3) In regard to all moveable nets the board may, except as to hang nets and draft nets, fix by bye-law the length of net, the size of net, and the description of net they allow to be used for salmon.

Under this section a bye-law might be made, saying that no moveable nets (except hang and draft nets) that do not conform to a certain pattern may be used in the district.

No bye-law is to be made limiting the length of any hang net, or reducing the length of any draft net under 200 yards. But there is nothing to prevent a bye-law limiting the size, otherwise than by length, of any draft net or hang net, as long as the bye-law is reasonable, and does not make the use of hang or draft nets practically impossible. This is, of course, assuming that a hang net is a moveable net, and does not come within the extended definition of a fixed engine given by the Salmon Fishery Act, 1873; as the power of making bye-laws under this sub-section does not apply to fixed engines.

(4) To fix the size of the mesh of nets to be used within the district. No net for taking salmon

may now be used with a mesh less than two inches from knot to knot (s).

By

bye-law the mesh may be decreased to one

(s) 24 & 25 Vict. c. 109, s. 10.

and a-half, or extended to two and a-half
inches.

It would seem doubtful if this section empowers Powers of boards to authorize a different mesh for different the sub-sec

nets, as, for example, a draft net with one and a-half inches mesh, a stop net with two and a-half inches mesh.

It seems that power is given to boards to lessen or extend the mesh for all kinds of nets, but they cannot prescribe a different kind of mesh for different nets.

No net with a less mesh than one and a-half inch will now be legal in any part of the district.

It is also doubtful if boards will have power to authorize the use of nets with different meshes in different parts of the district. The 40th section provides that a bye-law may apply to the whole or part of a district, and it may be questioned whether that power would not authorize a bye-law allowing small meshed nets in some places and large ones in others. A bye-law could be made under this section authorizing the use of different meshes at different times of the year, as bye-laws may be made for any part of the year; but it would seem doubtful if this must not extend to the whole district, and to all kinds of nets.

board under

tion.

licence.

(5) To determine the form of licence for use in 5. Form of public or common fisheries, and the form of licence to be used in private fisheries, and to settle the way in which licences shall be issued.

6. Variation of licence

duty.

This power is practically but a repetition of the power given by the Salmon Fishery Act, 1865 (t), which provided that the board of conservators should make rules for the issue of licences. The difference in the form of licences in public and private waters is rendered necessary by the provisions as to election of representative members, which gives votes only to licensees who take out licences to fish in public fisheries.

It will be observed, that while most of the other bye-laws are permissive, this is, in fact, compulsory, so that all boards who have any public or common fisheries will have to make a bye-law on this point.

(6) To vary the rate of licence duty in different parts of the district in respect of the length

and size of the net used.

This power is very similar to that given by the 25th section of the Salmon Fishery Act, 1873, only the 25th section includes all instruments for taking salmon, while under this power a bye-law could only be made varying the licence duty in respect to the size or length of a net. The 25th section gives a general power to vary the licence duties in different parts of the district. This subsection gives a power to vary the rate in respect of the length or size of any particular net; for example, in a part of a district where, as a rule, the licence on draft nets was 27.; if there was a particular net that from its length and size swept

(t) 28 & 29 Vict. c. 121, s. 34, sub-sect. 7.

the river, it could be made to pay 57. licence duty.

labels and

(7) To determine the marks, labels or numbers 7. Marks, to be attached to licensed nets, or painted numbers. upon boats, coracles or other vessels used

in fishing.

This power to number and mark boats is taken from the Sea Fisheries' Act (u). By that act all boats and nets are lettered and numbered, so that it can be at once seen by reference to the number to whom the boats and nets belong. The provisions of the Sea Fisheries Act are given in the Appendix, as a guide to framing rules under this

power.

netting near

rivers.

(8) To prohibit the use of nets within a certain 8. Prohibit distance of the mouth of any river, or of mouths of the confluence of rivers, unless the fishery there is private, in any part of the district; and to fix posts, buoys and landmarks to indicate such distance.

By this means the conservators can prohibit all fishing, except rod and line, at the mouths of streams, unless the fishery is private, so as to give the fish an opportunity of ascending the tributaries of the main river. Although the act authorizes the erection of posts, buoys and landmarks, there is no power to go on the land to erect them, no penalty for removing them when

(u) 31 & 32 Vict. c. 45.