the Acts of Parliament, and known in the country by the name of the close time, or forbidden time.

The period of this prohibition is defigned to comprehend the time employed by the falmon in fpawning; but this feems to vary confiderably in different rivers, and probably alfo in different feafons. The most frequent time of spawning is between the 15th of October and the 15th of November; yet in fome rivers they are known to spawn later, and in others earlier in the feafon. In the river Lochy, they have been obferved to spawn after the 15th of November, and in the river Spey fo early as the end of September.

By the law in general, the fishing of falmon is permitted from St. Andrew's day, or the 30th of November, till the 26th of Auguft, and from thence the clofe-time commences, and continues till St. Andrew's day. In many of our rivers, however, this rule is by no means duly obferved. Some rivers are exempted by a particular Act of Parliament, and in others, alleged privileges and unchallenged practices prevail against the general law.

S.

The bfhery on the Spey begins on the 30th of November, and ends on the 26th of Auguft; yet there is feldom any regular fifhing till about the beginning of February. The fifhing on the river Nefs, at Inverness, begins on the 30th of November, O. and terminates on the 30th of Auguft, O. S. In the rivers Dee and Don, the fifhing does not begin till the 11th of December, and is continued till the 19th of September. It begins in the North Efk, in Kincardinefhire,

cardineshire, at Candlemas, and does not end till Michaelmas. On the Tay, at Perth, it begins on the 11th of December, and is given up on the 26th of Auguft. On the Tweed, at Berwick, the fifhery commences on the 10th of January, and is prolonged till the roth of October

It is pretty certain that the falmon enter fome riv ers later in the season than others, and this is alleged as a reafon for fifhing late in the feafon.

Thus, it is affirmed that the falmon do not enter the river of Luce till the end of May, which is given as a reafon for continuing the fishery in that river till the 27th of September. In fuch a river as that of Luce, which runs with a shallow stream immediately into the fea, the falmon may not enter it fo early as in a deep tide river; yet this cannot be admitted as a fufficient excufe for continuing the fishery till it en croaches on the fpawning feafon.

Thefe are but a few inftances of the many irregu larities which prevail with respect to the season of the falmon

In the Annan, it has been the cuftom for time immemo rial to fish from the middle of December to the 10th October N. S. as there are few red fish in the river till after that period.

The falmon are fo late in coming into the Annan, and also fo late in fpawning in that river, that it is propofed to have the clofe-time fixed by an Act of Parliament from the 10th of Oc tober to the 1st of March. It appears from this, and from what is ftated above, that the fame clofe-time would not be equally applicable to all rivers. E.

falmon fishery. To prevent fuch irregularities, and to confine the time of fishing so as not to encroach on the fpawning season, is the juft and laudable defign of the law now mentioned, which fhould every where, if poffible, be punctually obferved.

Penalties at different times have been enacted to enforce the obfervance of this law, and yet they have not had all the effects that could be wished.

So early as the reign of Robert III. the killing of falmon in forbidden time was punished by a penalty of 100l. Scots, which was a very large fum in those. days, being probably a penalty too high to be carried into execution, or to have the proper effect: This penalty under James I. was accordingly reduced to 40 fhillings Scots. By the act anno 1597, all lords and gentlemen having lands adjoining to falmon rivers, were ordained under certain penalties to find caution for their tenants and others. within their lands not to kill falmon in forbidden time. The penaltyfor an earl or a lord was a thoufand merks, and for a baron and a gentleman, five hundred merks: which was a more effectual expedient than the impofing penalties on the common people. By the A& anno 1705, the juftices are commanded to hold courts twice a year, at Pafch and Michaelmas, for putting the laws in execution against delinquents who kill falmon in forbidden time, or who deftroy the falmon fry; and the justices are required to meet at the legal request of any heritors or perfons concerned. This falutary enactment was long obferved, but is now fallen too much into disuse.

Thefe

Thefe and other well judged laws concerning the falmon fishery would be effectual to preserve it from falling into decay, were they but duly enforced.

Their great object is to prevent the deftruction of the fish in the fpawning feason, but this defign is certainly counteracted wherever falmon are fifhed after the 26th of Auguft. After this period, no falmon fishing should be permitted in any river unless where it is privileged by a particular Act of ParliaEven the 26th of Auguft is perhaps too late for the commencement of the forbidden time, and to continue the fishing any where till the 10th of October, must certainly be prejudicial.

ment.

The fishing from the ft of January till the beginning of Auguft, if carefully pursued, is certainly fufficient to afford the reasonable annual produce of any river. But, to continue the fishing with accuracy and rigour till the end of September or beginning of October, muft undoubtedly occafion a gradual, and in the end a hurtful diminution of the breed.

EXTRACTS

EXTRACTS FROM AN ESSAY ON THE NATURAL HISTORY

OF THE SALMON.

BY MR JOHN MACKENZIE.

THE writer of the following paper has no intention of entering on a full difcuffion of that very important fubject, "The natural history of the salmon." To do fo with effect, would require more abilities and practical knowledge, than ufually fall to the fhare of any individual: but as he was for several years concerned in this fishery, he trufts the following obfervations, refulting from his own experience, may tend, in fome degree, to affist others in their investigations.

Before making any obfervations refpecting the falmon, it may be proper to obferve, that fuch trouts as in any degree resemble that fish, are distinguishable from them, and from each other, by particular marks either in fcales, fins, or fpots, or by a difference in colour. The whitling and the finner, or finnoc, have been fuppofed by many to be young falmon. This is, however, not the cafe; for although they VOL. II. Bbb

are