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 that letter was written I have been favoured with your address through the politeness of Sir Thomas Winnington, to a friend of mine, and as he requests that any suggestion about weirs may be addressed to you, I make no apology for enclosing the letter I had addressed to Mr. Pakington with some further suggestions, which on looking over my letter I find I have omitted to notice.
In one of the clauses of the bill (I do not remember which, and I have not the bill at hand to refer to) you require that a grating, the bars of which shall not be more than three inches distant from each other, and which shall be placed at the junction of the tail- goit with the river, as well as in front of the wheel. This I presume is to prevent any fish being injured by the wheels, but I assure you that during the twenty-two years in which I have had the management of the works here, I never knew an instance of a Salmon being either killed or hurt by the wheels. Indeed, I do not know half-a-dozen instances of Salmon ever ascending the tail-goit to the wheel, and I must have seen many instances if this was a common occurrence. This may, however, happen, and the fish may be occasionally injured where there is much fall lost, and a strong stream running from a wheel constituted in the old way with open float boards. But the objections to such a plan on the part of the manufacturers will be insuperable, in fact, the accumulation of sticks and leaves in the autumn, and ice in the winter, will be so great at the grating in the tail-goit, that the wheels will be thrown into back water and the works stopped, and all this loss and inconvenience will be incurred because of the possibility of a Salmon being killed or hurt by the wheel. There is not much probability of this frequently happening, because, as I said in my other letter, Salmon seldom migrate except where there are freshes in the rivers, and then there is so much water flowing down the usual course of the stream, that the fish have no inducement to leave it to seek for a passage elsewhere. I would, however, suggest that power be given to conservators to go at all times up the tail-goits and into the wheelhouses, to see that there are no illegal contrivances in them for catching the Salmon and Smolts in their migration, as I have certainly heard of such things occurring.
In Sir Thomas Winnington's note to my friend, he says we have difficulty enough in endeavouring to obtain support for one day's clear course; two we could not carry, however desirable. Allow me to suggest, that in endeavouring to carry so little you rouse up your opponents, while there is not enough to stimulate the zeal of your friends, for it will be in vain to look for the zealous co- operation of the proprietors on the upper part of rivers unless you give them some inducement. This one day in the week will not effect, and besides this, you make it illegal to catch Smolts, even with the rod, which is destroying one of the greatest amusements of the anglers, and depriving them of the most delicate of fish, and for no object: because, if the provisions of your bill are carried (without this clause), there will be an abundant supply of fish for all purposes, even after the anglers have enjoyed their sport. I do not see the propriety and utility of prohibiting the killing of Smolts, because if they lived they would become Salmon, any more than I see the propriety of prohibiting the eating of eggs, because if they were hatched and lived long enough they would become barn-door fowls.
Let the legislature and the estuary fisheries give the upper proprietors a fair share of Salmon when in season, and they will be glad to see the angling for Smolts abolished; but it is rather too bad for the estuary fisheries to catch all the good Salmon, and then grudge to the upper proprietors the angling for Smolts.
In conclusion, allow me to urge on you the propriety of endeavouring to obtain such a bill as will give the proprietors of land on the upper parts of rivers a strong inducement to support you, and at the same time that it does this will not injure the mill-owners; and, with the modifications I have pointed out, I think this may be accomplished. I speak on this subject as a practical man, having some knowledge of the habits of Salmon, and superintending a mill driven by water-power which employs nearly a thousand people; so that if a bill like yours could be worked in a satisfactory manner here, on so small a stream as the Ribble, it may anywhere in the kingdom. But if you make a tinkering job of it, and ask for too little, you will rouse your opponents and discourage your friends. By all means go for a free passage for the fish every night from sunset to sunrise in all cases where this does not interfere with manufactories, and then there will be some inducement to support you.
I refer you to some papers which I wrote on this subject in the Magazine of Natural History, in the year 1834, and if you think it worth while to ask for further information on the subject, I shall be happy to give you any I may possess.
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LOW MOOR, _July 1st_, 1846.
To the Editor of "The Times."
The attempt which is now making to amend the laws relating to the Salmon fisheries, appears to run such a great risk of failure, from the opposition of interested persons, that I think a short sketch of the defects of the present laws and their effects on the breed of fish, and a comparison of them with the proposed amendment, may be interesting to some of your readers, and may, perhaps, induce some influential gentlemen to throw their influence into the right scale, in the approaching discussion on this subject.
The Salmon fisheries in former times appear to have supplied food for a large portion of the people, as there are still traditions current on the banks of various rivers in the north, that the indentures of apprenticeship always stipulated that the apprentice should not be compelled to eat Salmon more frequently than three days a week, and however exaggerated this story may appear at the present day, I hope to succeed in showing that it is neither improbable that it has been so, nor impossible that it may be so again,--if good laws are made for their protection, and these laws are properly enforced. At present there is no doubt the fisheries are rapidly declining, and in some rivers which used to have a good many Salmon in them, and which used to swarm with Smolts (or fry) in the spring within my remembrance, they are now rarely seen. To show their scarcity I may mention a circumstance which occurred in the Wharfe, which was formerly one of the finest rivers in Yorkshire for Salmon. A few years ago a pair of Salmon were seen on a spawning bed in the Wharfe, about forty miles from its mouth. This became known at the anglers' club, and it was deemed so important to preserve them, that the club divided themselves into three or four watches, and guarded the spawning bed night and day, whilst the fish were spawning, and this spawning lasted about a week.
Here in the Ribble the Salmon fisheries are not quite so near extinction (though they are rapidly progressing in that direction), for although we are very seldom allowed to see or catch fish in seasonable condition, a good many come up the river to spawn, though very few of them ever do so, and very few of those that do ever reach the sea again. The reason is obvious, no one here has any interest in preserving the spawning fish, and they are openly killed by the poachers, who never dream of being prosecuted for it. I am credibly informed that in a stream not five hundred yards from where I write, sixty spawning fish were killed last winter. Some years ago one gang of poachers killed three hundred Salmon on the spawning beds in one season, and sold potted Salmon roe (which is a most destructive bait for Trout) to the value of L20.
In the Lune the proprietors of the fisheries near Lancaster sent men to protect the spawning fish in the streams above; but these men were warned off by the landed proprietors, who said, If you catch all the good fish you must at least allow us to catch the bad ones. In the Tweed and its tributaries it used to be quite as bad (what the new Scotch law has done I do not know), but a poacher who gave evidence before the Committee of the House of Commons in 1825 said that he had assisted to take four hundred Salmon at one haul in close time in the Tweed.
Sir Walter Scott's vivid description of burning the water, which occurs in "Guy Mannering," shows that he knew how to kill Salmon in close time. In fact, his account, and that of Hogg (the Ettrick Shepherd), show that both were regular black fishers.
There are various devices for killing the fish in close time: they are speared, netted, and hooked on the spawning beds, and when the rivers get low, gangs of idle fellows range up and down on the banks, stoning and beating the water by poles, or, what is more effective still, a large bone, or horse's skull, and by fastening a cord to it, one end of which is passed to each side of the river, they draw this skull up and down in the pools where they know there are Salmon, and the fish are so foolish and timid, that they thrust their heads under any stone or cover they can find, and are taken without trouble; it being common enough in such cases to slip a noose over the tail, then tightening it, and the fish is hauled out immediately.
Then again, gentlemen who want to have the reputation of being skilful anglers, employ their game-keepers to find the Kippers (Scottice Kelts) or spawned fish in the pools, which is a very easy matter in low water, and dropping a hook baited with a lob worm before their noses, it is greedily taken, and the poor fish (which are unfit for food) are caught. It is then trumpeted forth to the angling world that Mr. A. B. has had splendid sport--he has caught a dozen Salmon with the rod in a single day, meaning it to be understood that these fish have been caught with the fly. I by no means uphold these practices, neither do I think them very deserving of censure in the present state of the law, for all the good fish are taken near the mouths of the rivers.
This leads me to consider the defects of the present law, which is by no means adapted to protect and increase the breed of Salmon.
In the first place, the close time is too short. It commences in the Ribble nominally (for in reality the fish are openly killed all the year through) on the 15th September, and ends on the 31st of December; whereas it ought to extend to the end of April, for the following reasons. A very large proportion of the fish are spawning in January and February, and I have even seen a spawning fish as late as the 3rd of April. In the evidence given before the House of Commons in 1825, it was proved by a fisherman from the Tweed, that in March for one clean fish that was caught there were ten caught that were not so, as they were either fish that had not spawned, or Kelts, that is, fish which have finished spawning but have not returned to the sea, and are then flabby, unwholesome, and unfit for food. A very large proportion of these Kippers or Kelts do not go to the sea until April, and not then without there is a fresh in the river, for, like the Smolts, they seem disposed to remain in the rivers until they can avail themselves of the assistance of a flood, to enable them more easily to reach the sea.
Another defect in the present law is that it fails to secure a supply of good fish to the upper proprietors. There are no provisions in it (or they are not enforced) for giving the fish a free passage, no prohibition of nets, traps, or devices for stopping them in their progress up the rivers. No daily or weekly close time, but everywhere there is so short-sighted a selfishness, that it is completely realizing the fable of the man who killed the goose which laid the golden egg. The fisheries are declining so rapidly, that unless something is done, and done quickly, the breed of Salmon will be extinct in the rivers in this neighbourhood.
Again, there is no power to appoint or pay conservators, and without their assistance there is no chance of preserving Salmon in the spawning beds. Game-keepers are most certainly not to be depended upon.
In pointing out the defects of the present laws I have, in fact, given an opinion how they should be remedied. I would extend the close time from the end of September to the end of April. I would establish a daily close time, allowing no net, device, or engine to be employed in taking Salmon between sunset and sunrise above tideway in any river; and below, I would only allow nets to be set for twelve hours per diem. I would appoint conservators, whom I would pay by a tax on the fisheries on the whole course of the river, which tax should be determined by a valuation of the fisheries, and paid accordingly. I would fine every one who sold, used, or had in his possession any potted or prepared Salmon roe for the purpose of angling, and I would give conservators the power of examining all mill goits and races, for the purpose of seeing that no unfair practices were resorted to for the taking of Salmon or Salmon fry; and I would give the upper proprietors the power of making any alterations in mill weirs and dams which did not impair their stability or the efficiency of the water power. If some such enactments as these were made and properly enforced, there is no doubt Salmon would swarm in every river, for their fecundity is such, that a very few Salmon spawning in a river under favourable circumstances stock it abundantly with Smolts. A large Salmon having not less than 25,000 eggs in it, how soon, with a little forbearance and care, would every river swarm with this delicious fish, even to such a degree as to be a cheap food for the poor! But to obtain such results it must be made the interest of every person to protect them.
In reading over the evidence on the Salmon fisheries, which was given before the House of Commons in 1825, I was exceedingly amused by the reasons given by the tenants of some of the fisheries in Scotland why there should be no weekly close time, and the shifts and evasions practiced by others. One said he paid L7,000 a year rent to the Duke of Gordon for his fishery, and if one day in the week were allowed for close time he would lose L1,000 a year. Another said he kept the close time, but he would allow nobody to go and see whether he kept the free gap open or not. Another proved that he kept open the free passage, but it was also proved that he had a crocodile placed in the gap, painted with very glaring colours, in order to frighten back any fish that attempted to pass. Another sent his boats to break down the stake nets which were set in the estuary, but acknowledged that he kept his own nets set across the river day and night. There would be no difficulty in stocking every suitable river in the kingdom with Salmon, either by putting into them a few pairs of breeding fish, or by artificially fecundating the eggs, and placing them in artificial spawning beds. It is a plan I have frequently adopted, and sometimes successfully; but in other experiments I have failed, from the difficulty of choosing a suitable locality in the river. If too rapid a stream was chosen, the eggs and gravel were all washed away; and if too calm and still a place was selected, the gravel was filled up with sand and mud, and the eggs rotted instead of hatching. I am even of opinion that where there is already a breed of Salmon fry in a river, it is not absolutely necessary that any male Salmon should come up the river in the spawning season, the male Par, or Penks, as we call them in the Ribble, being sufficient to fecundate the eggs. If this is doubted, I would ask how it happens that in the autumn they have fluid milt in them? for as nature makes no unnecessary provisions, for what purpose is this, if not to provide for the possibility of a female Salmon coming alone? These Pars swarm on the Salmon spawning beds.
[The end]
Thomas Garnett's essay: The Salmon Enters And Ascends Rivers For Other Purposes Besides Propagation