THE SALMON FISHERIES ON THE AND CAMEL

Royal Gazette 14 December 1860

T H E S A L M O N F I S H E R I E S MEETING AT . On Tuesday, Sir William Jardine, Bart.; W. J. Ffennell Esq., and G.K. Rickard, Esq., the Commissioners appointed by Her Majesty to inquire into the cause of the decrease of the salmon fisheries, held a Court at the Talbot Inn, Lostwithiel. THE FOWEY. The Commissioners having stated the object of their visit, Mr. KENDALL, M.P., said, he had been acquainted with the Fowey from his boyhood, and had been a conservator 20 years. When a boy there were two weirs, both of which were demolished in one night, but by whom had been never found out. Poaching was carried on to a considerable extent, and when the mine water from the Maudlin mine was let in, the fish were almost wholly destroyed. There were also other mines now in operation. There were some fish at the mouth of the harbour, but in consequence of the impurity of the water, they could not come up. The breeding ground was good, but the evil of poisoning the river had gone on increasing every year, and that was the reason of the decrease of fish. The difficulty might be overcome, but it was a question of expense, which would be enormous. With reference to the Maudlin mine, there was a fall of three-quarters of a mile, and there were several pits for the water to settle in. He believed it would be practicable to carry the mine water along by the banks of the river to the sea, without letting it into the river but as he had before stated it would be a question of expense. He had never heard of any preservation of salmon in the county. The practice had always been to kill. SIR W. JARDINE stated that they had no intention of pitting the mining interest against that of the fisheries. Mr. RICKARD asked whether it was a fair principle of legislation to prevent the proper value of being developed in consequence of the working of mines? Mr. KENDALL was unable to answer that question, but he believed the river would never be valuable as a fishery, and in case of legislation separate acts would be required, so as to apply to separate districts. Sometimes when a mine was stopped, on the water becoming clear, fish came up the river, but no attempt was ever made for preserving the fish. Mr. DEEBLE BOGER spoke with reference to a river running through the estates of Lord Morley, and G. S. Strode, Esq., in which the experiment had been tried to make ponds to catch the deposits, but they were found to be ineffectual, for on a flood coming down, the ponds were flushed and the fish killed. He thought that cutting channels to carry away the mine water into the sea was impracticable, from the great number of owners of the soil, who would create obstacles, because the water if it overflowed would be deleterious to the laud.—Mr. FFENNELL suggested that compensation might be made, but Mr. BOGER repeated that the difficulty would be too great to be overcome, inasmuch as supposing there were fifty different mines in the district there must be fifty different channels; and in the case of one channel for many mines, in the event of an overflow, the difficulty would be to find who was the evil- doer. He then went on to speak of the Plym, Tavy, Seaton and other rivers, and with respect to the last one mentioned that an action had been tried on the very question they had been referring to. It resulted in a compromise by which £10,000 was paid to the landlords for the damage. In that case the mineralised water overflowed, and the herbage was destroyed. Referring to a stream on the Plym, he said, a chemist had been consulted to see whether the evil could be done away with, but he could not find any remedy. Mr. KENDALL, said in point of value the fish was quite insignificant as compared with the mines. Mr. JOHN VINE, a fisherman, living in the town of Lostwithiel, said he had known the river Fowey 63 years. About 40 years ago the fishery was let for £100 a-year. The only closing time allowed was 12 days at Christmas and 12 at Midsummer. He had seen 900 fish taken out at a time. He then referred to the breaking down of the weirs; and stated that the fishing had gone on decreasing year after year. The Duke mine was the first that caused the damage. Mr. WILLIAM SALT, another fisherman, residing at Lostwithiel, said, he used the seine for fishing, and that he had in former days taken as many as 140 salmon peel at a haul in the mouth of the river. There were salmon there still, but very few. He always fished up to January, and commenced again in May, but did not catch any salmon until August. Turbot and John Doreys were caught at the mouth of the river. Mr. GEORGE CLYMO said he was in the habit of fishing for salmon outside the harbour, but there were now no fish to be caught. He fished until February, and up to the end of January the fish he caught were generally good fish. Those that were not good it was his practice to throw them overboard again at once. He believed they were ocean fish, and did not consider that they had any place of birth (laughter). The closing time was not observed, for parties fished all the year round. All kinds of fish had gently decreased since the mineral waters had been let in, and lobsters and crabs had also decreased. Twenty- nine salmon were all that he had taken during the season, and that was more than any other of the seine nets had hauled in. The court then rose. MEETING AT . On Thursday afternoon the Commissioners held a Court at the Bodmin Guildhall, when a large number of persons attended. Sir W. JARDINE in opening the proceedings said, the object of the Commission was simply to inquire into the actual state of salmon fisheries. They had no power to redress grievances or do anything but gain the fullest and most complete information of the present condition of the rivers with respect to salmon, in order to lay that information before Her Majesty’s Government, with the view of getting some improved system brought about. They had now seen the rivers of the greater part of England and Wales, and had come to a district of a different character from any other. In Wales there were many mines, but they had not been in a county where mining operations were carried on on such a scale as they were in Cornwall, and whether anything could be done to regulate or to assist in restoring the rivers was a question they would be better able to judge of when they had elicited all the necessary information; but at present there could be no doubt as to the detrimental effect of the mining water to fish of all kinds; no doubt where the volume of water was very great the injury was not so great or so speedy as under other circumstances. Great injury was also occasioned by too early and too late fishing, which was almost invariable throughout all England and Wales. It seemed that little attention was paid to the closing time, in fact in some places no attention whatever. In Cornwall they were fishing up to November and December, when salmon were full of spawn. They had seen them in the markets, and could state that to be a fact. These were not food for the table, and those who used them were destroying the very fish which should produce fish for the following year. The next evils, and probably the worst of all were the weirs across the rivers for pool fishing, and the mill weirs. These they had also seen, and they could not fail to prove great barriers to the fish, in many instances completely shutting them out from their breeding ground. Under such circumstances he did not see how it was possible anyone could ever expect a fish. These were the principal points into which they would like to inquire. They would also like to know what the former produce was, just to see what the comparative decrease had been. They wished to be confirmed in their opinion as to the real evils that existed. Mr. FFENNELL said the cause of the commission being appointed was, that while it was known that the salmon fisheries of Scotland and Ireland were a fruitful source of revenue to those countries, in England and Wales they were comparatively valueless, and had been so for many years. At last he hoped the people of England were beginning to look at this matter in a commercial point of view—beginning to perceive that their railways and open markets made the increase of salmon commercially important. Referring to the mines, he said there were beyond doubt certain rivers that were greatly injured by mineral waters; but they had also found that there was a vast extent of water altogether unpolluted and capable of the highest cultivation for the produce of a good and valuable article for food. He then referred to the system existing in Ireland, and said that some years ago the legislature interposed, and had ladders placed over the weirs, which a good effect in economising the surplus waters, and in no one instance had the parties interested made any complaint of being injured thereby. There would be no difficulty he thought in restoring the fisheries in this part of England; but it appeared to him that the greatest difficulty to be overcome was that connected with the mines, but it might be a matter for consideration whether or not the evils could be materially mitigated. He apprehended that was a matter to be attentively considered in committee; for the mining interest was too important to interfere with its progress in any way, but at the same time it was nothing but right that the salmon should, so far as possible, be preserved. After a few other remarks, he concluded by referring to the fencing season, which he also considered was too late and too early. THE . Mr. LAKEMAN said he was well acquainted with the River Camel and its tributaries. He had been a conservator since 1842, and had known the river 40 years. Some years since the fish were ten times more plentiful than they were now. One reason he assigned for that was that the fencing season was too late. It commenced on the 24th Dec., and closed on the 1st May. That was the time appointed by the Quarter Sessions. Another reason was the noxious waters from the mines which poison the fish, and he considered it might also be attributed to the fact that a number of the salmon were caught with the rod and line after returning from dropping their spawn. The lower part of the estuary had always been fished as a free river. The mode of fishing up and down the river was by nets and spearing, and the tidal part was fished by nets exclusively. The months he had mentioned as fencing season were the same that had been made to alter the period. He, as a conservator, could not get people to be of the same opinion as himself as to altering the time, and now the commission was open he took it that was the time to try the question. He had been told that the only attempt made to alter the fence days was to set them later. He considered they should not be after the 1st of December at the latest. A large number of dead salmon had been picked up in the river which had been poisoned by mineral water. No doubt, a large number of trout were also killed. There were no manufactories on the river, with the exception of the gas works. He could not say whether the fish were killed by the gas works or the mines, but they were found dead below the gas-works. The meshes of the nets used for fishing were made of all sizes but they were principally 1¼ inch meshes; they certainly should not be less than 2½ inches. He believed the river and its tributaries afforded the best possible spawning ground. There were no weirs nor anything of the kind on the river, and he considered that if these deleterious waters could be prevented flowing into the river, there would be a good supply of salmon. The river was forty miles in length, and its tributaries were more than twenty miles in addition. There was no association that he was aware of upon the river for the preservation of the fish. Last year he had four or five parties fined £5 each for poaching on the fence days. The police had been instructed to take all persons in custody who were caught fishing after the 24th of December. He had been an angler himself. Some of the salmon were sold in London, but he believed the people were not very particular there as to what fish they ate (laughter.) He considered the police were bound to protect the fisheries as being a public property. He did not know under what Act of Parliament that river came, but he had no difficulty in prosecuting poachers. A great number of fry were caught during the spring, but he had never yet caught an offender. He thought it would be an advantage to have one general act for the waters in England and Wales. He would suggest that reservoirs should be made by the mining companies, as they had no pits in which the water could settle. If the reservoirs were made he believed it would improve the brood of salmon. There had been prosecutions against a mining company for damage, and in one instance a verdict of £4,000 was given, and the parties were compelled to erect fences, &c., to preserve the land. The damage then referred to was caused by mundic water. If any further damage were done the action could be repeated. He believed the mineral waters flowed into the estuaries of the rivers Tamar and Tavy, and did great damage to the fish, but of that he could not speak certainly. He was acquainted with the fishing at the tidal part of the river. The tideway did not come up within four miles of Bodmin. The principal part of the fish were caught in the tideway. He had seen hacking nets placed across at for the purpose of catching bass, mullett, and other fish. He thought the salmon generally spawned in November, December, and January. The polluted water had been increasing during the last few years. The brown trout were generally good, but were not so plentiful, nor yet so large as they were years ago, although they still existed. Notwithstanding the pollution of the river he believed that during the last ten years the fencing seasons had been closely observed. The decrease would not have been so great as it was at present, but still he thought the mineral waters would have had some effect upon the fish. He thought the best thing Government could do was to appoint a public prosecution. Of course he knew funds would be necessary for that purpose, but he believed that if every person interested in angling were taxed, a sufficient sum would be raised for that purpose. The Rev. JOHN WILKINSON, Rector of Lanteglos, resided near , and had a lease for 20 years on the river for six miles below Camelford, from the , and was acquainted with it well. He rented it on his own account for the protection of the fishing. Some time after he rented it a small association was formed for the purpose of preserving the fish. The river was a good breeding ground, having a gravelly bed. The fish used to be speared, but not so much now as they were at one time. Peel came up in the summer near to Camelford, but at the present time both peel and salmon were rare. Formerly salmon used to go above Camelford. There were no mines in the part of the river he leased, but about a quarter of a mile further down there was one, called St. Breward, a copper mine. He knew the working of the mines, and he thought the only way of getting rid of the refuse water was by making pools or reservoirs. He had not turned his attention much to that, as he did not consider that the mine he had mentioned injured the fish in his part of the river. The closing seasons were not observed until last year, when the magistrates sitting at Washaway convicted two parties for not keeping the proper time, since which he had issued notices. He thought the closing season should commence on the 1st of December, for the fish generally came up in greater quantities in that month than November. He had no paid watcher upon the river, but the association subscribed a small sum every year. The police had been instructed by him to guard the river, and he had heard no complaints made whatever. Salmon roe was not made an article of commerce at Camelford. Poachers would have no chance if brought before the Bench on which he sat, for the magistrates were determined to punish all such offenders. Taking into account the windings of the river, he thought the distance from the top of the tideway was 14 or 15 miles. He believed his fishing had sensibly improved since he had taken care of it The old salmon huntsmen used to be very expert in spearing up to December, and in consequence very few salmon used to come up. That in itself was sufficient to deteriorate the supply of the fish without any other cause, for there were very few left for breeding purposes. He believed the salmon generally spawned during December and January. He had seen a prime marketable fish, or, at least, what they called so in Cornwall, taken in December. He had seen bad fish taken in that month. The old huntsman would rather change the fence days to January (laughter)— but he did not suggest that himself. Mr. HEXT said he had known the estuary and the whole of the river all his lifetime. He was aware that stop nets were constantly being placed at Wadebridge at low water, and continued, no doubt, during the high tide. He had seen them himself. The nets were fixed on poles, and the object was to drive the fish back so as to sweep them up. Seine nets were used for fishing, most of which had very small meshes. He himself had caught fish on the estuary of the Camel about six inches in length. He should say they did not catch fry in those nets in the spring. Occasionally fishing was carried on on the beaches for salmon peel; he had caught thirty seven fish himself on a beach about two miles from the estuary. He had no doubt that the fishery would be very productive if the river was protected. Large quantities of cockles and other shell fish were still found in the estuary, but he remembered that some years ago they could be taken in cartloads, but since that period they had never been so plentiful. The oysters were generally very good, but he had heard of the cockles being injurious. Speaking of St. Breward Mine, he said that the water pumped up from it was very little indeed, but was exceedingly strong. It was a copper mine. The water, he believed, could be pooled for a very trifling expense; but how much it would cost he could not say. On the higher branches of the river nets were not used for salmon, but they were generally speared. Nets were not legally employed on the river, they were mostly of small meshes. Poaching was carried on to a very great extent. He believed that if the fence season commenced from the 20th of November the fishery would be greatly improved. From his own experience very few fish came up in the middle of October, except there be a large flood. They got good fish in November, and he considered they were generally good up to the time they commenced to spawn. He referred to the blue poles, and said that his opinion was that such a fish did not exist. He had had some brought to him which were called blue poles, whereas they were nothing more than the salmon after having spawned, which he considered were nothing better than poison. They did not get salmon in the estuary in May or June, or rarely up to July, but they got salmon peel. The unpolluted small streams were occasionally visited by salmon and trout. He considered that Government should suppress the use of stop nets which were most objectionable. He believed the whole damage done to the fishing was in consequence of the abominable system of spearing, and if the river was made ever so clear, it would be impossible to have a different state of things so long as that system existed. Lieut. LIDDELL perfectly concurred in what Mr. Lakeman had said. The only mine he considered that did injury to the river was Tretoil, about two miles from Bodmin, and he thought that could be prevented by pooling the water. He thought they were not good judges of salmon, inasmuch as they were accustomed to indifferent fish, but he considered that only one out of three was good. Dr. MICHELL said it was considered by the people that a large number of fish were destroyed by the porpoises at the mouth of the river. He did not know if that was the case. He knew, however, that they went out shooting the porpoises. Sir W. JARDINE asked whether hake did not devour the fry, for they had very large mouths, and could take in a large number (laughter). Mr. BENJAMIN HAWKER, residing at Camelford, said he was a fish dealer, and had a contract with all the men who fished in the river, but up to the present time he had not had a single salmon for the season. He would be glad to have the fishing closed all the year round, excepting in January and February. Sometimes he paid as much as £200 for blue poles in one season.—Mr. FENNELL: I will not ask you how many hundreds profit you got on them ? (laughter.)— Mr. HAWKER: They pay me very well. THOMAS PENDRAY, a fisherman, had known the fishery at 60 years. The fish had been decreasing for the past 20 years. There were at least 20 treble sweep nets used in the estuary. There had been no fixed nets there for upwards of 50 years. The size of the salmon as well as the quantity had decreased, and this decrease he attributed to killing the spawn. He did not think they ought to fish after Christmas, although many fish were better after that than before, neither should they begin to fish again until May, although if he or any other person saw a fish worth a shilling they would catch him (laughter). PETER SAUNDRY, another fisherman, said his best fishing time was during the present and coming month. The blue poles did not come into the river until about six weeks hence. When he followed fishing they used to close on the 25th of Jan. The mines spoiled them, and besides that, the gentlemen's sons came down from Bodmin and killed all the spawn. (Laughter.) —Mr. FENNELL: They ought to be stopped; did they not P— A: Why, yes, sir; they ought to be punished, and their fathers too, for sending them. (Laughter.) THOMAS BATE considered the fence days should be in January; for some years they never got fish until December; in that month they were very good. The blue poles were smaller than the salmon, and had a blue head. They averaged 7lbs. in weight, and spawned about the 14th of February. The last season had been very good, and he had his share of salmon. He hoped to get a good many between this and Christmas,— at least he should try. (Laughter.) STEPHEN MAY said the spawn went back in May, and he did not consider there should be any fishing up to that time. This concluded the inquiry.

Contributed by Claudia Richards

Royal Cornwall Gazette 25 October 1861

CORNWALL MICHAELMAS SESSIONS THURSDAY, OCTOBER 17. (Before C. B. GRAVES SAWLE, Esq.)

THE SALMON FISHERY. Mr. BISHOP made application to the Court, under the 18th Section of the Act 24 and 25 Vic. cap. 109, for an extension and variation of the time for taking Salmon in the waters of Fowey. He appeared on behalf of persons interested in that fishery, and who had given the following notice to the Clerk of the Peace of their intended application:— Salmon Fishery.—Fowey, Cornwall. Notice is hereby given that we the undersigned, being fishermen respectively engaged in the Salmon Fishery in the waters of and at Fowey, and residing at in the parish of Lanteglos by Fowey, do intend at the next General Quarter Sessions of the Peace to be holden at Bodmin, to apply to Her Majesty's Justices of the Peace to be then and there assembled, for an extension and variation of the present time for taking Salmon within such waters under the provisions of the Act of 24 and 25 Victoria, cap. 109, sect. 18. Dated the 10th day of October, 1861.

(Signed) William Curtis, George Climo, William Climo, Christopher Slade, William Salt, William Curtis, jun., Thomas Mark, William H. May, Thomas Harvey, John Salt, Peter Todd, Anthony Tucker. Witness, Robert Bishop, Notary Public, Fowey. The notice of application was signed by the above persons; but, altogether, he had instructions from about 24 persons. Previous to the passing of the late Act “to amend the Laws relating to Fisheries of Salmon in England," it had been the practice at Polruan and Fowey, to take Salmon—not up the river, but at the mouth of the harbour—from the latter part of August or beginning of September to the 31st of December; but the Act of last Session, in the 17th section, enacted that no person shall fish for salmon between the 1st of September and the 1st of February, except only that it shall be lawful to fish with a rod and line between the 1st of September and the 1st of November. But by the 18th clause power is given to the Home Office to extend and vary the Close Season, upon the application of Justices in Quarter Sessions through their Chairman.—Mr. Bishop then presented and read the following MEMORIAL:— To Her Majesty's Justices of the Peace in and for the County of Cornwall in Quarter Sessions assembled at Bodmin in the said County: Sheweth, That your Memorialists have learned with surprise that an Act of Parliament has been passed by which (inter alia) the taking of Salmon in the Waters at Fowey is prohibited between the 1st day of September and the 1st day of February. That your Memorialists have been for a great number of years resident at Fowey and Polruan and in the immediate neighbourhood, and are well acquainted with the Salmon Fishery there, and with the time of the periodical arrival of the fish from Sea. That the fish do not usually make their appearance in the waters at Fowey until the latter end of September, and have been usually taken from that time down to the end of December, to which period they have been always considered perfectly good and in season, such fish not being taken up the river, but at the mouth and entrance of the harbour. That many of the Fishermen engaged in the Salmon Fishery, with their families, are dependent in a great measure for support during two or three months on such fishery; that they have embarked their little capital in boats, nets, and gear for the purpose of taking Salmon this season as heretofore, and great hardships and loss will be sustained by them if the provisions of the said Act of Parliament be not remedied. That your Memorialists have been informed that under the said Act power is given to the Home Office to extend and vary the time for taking Salmon, on application from the Chairman of your Worships to that end to the Home Office. Your Memorialists would therefore earnestly request and desire that your Worships would be pleased to cause the necessary application to be made through your Chairman to the Home Office for an extension and variation of the time for taking Salmon in the waters at Fowey aforesaid, from the 1st of September until the 31st of December in every year. And your Memorialists, as in duty bound, will ever pray, &c. The memorial was signed by the Rev. John Kempe, Rev. E. J. Treffry, Mr. A.R. Illingworth, Surgeon, R.N., Rev. James Kendall, and upwards of 70 more inhabitants of Fowey and Polruan. Mr. KENDALL said his impression was that the Salmon Fishery season in the Fowey waters closed earlier than the 31st of December. Mr. BISHOP said he had no doubt that Mr. Kendall was right, and that the legal fence day was the 12th of December; but on application to the Conservators of the Fowey, the time had been extended to the 31st of December.—Mr. Bishop proceeded to state that the fish taken at Fowey were of a peculiar character, and be believed he could prove that during the last 10 years not 10 fish had been taken at an earlier time than the 1st of September. He then called attention to an extraordinary feature of the Act of last Session—that while it would render liable to penalties persons who, like his clients, fished for Salmon, with nets, other persons using trammels for taking other fish, and who occasionally caught salmon as well as other fish, would not be amenable to law.—Mr. Bishop went on to say that the first intimation which his clients received of the position in which they were placed by the recent Act of Parliament was, in a letter accompanying an Account of Sales of Fish in London on the 2nd of October.— This document, dated "London, Oct. 2nd, 1861," was addressed to Mr. G. Climo by his consignee, Mr. Thomas Burland; the "Account Sales" of Fish that morning, resulted in a balance of £4 12s. due to Climo; and Mr. Burland, enclosing a P.O. order for that amount, writes:—"You must be very careful about the taking of Salmon, as all fish are prohibited from being taken from the 30th of September to the 1st of February, in season as out of season, and they intend to put the Act of Parliament in force to the utmost extent."' With such late information, it was impossible that, with reference to the preservation of their fishery for the present season, the fishermen could have given four weeks' notices in a local newspaper, as would appear to be required by the 18th section; though he (Mr. Bishop) had given one week's public notice by advertisement.—Mr. Bishop next observed that when the Commissioners visited Fowey a short time since, their attention was called to the injurious effect on the Fowey fishery, of such restriction as was enacted in the 17th clause of the recent Act; and he believed it was in consequence of representations then made to them that the remedial process in the 18th clause was provided. Without some such remedy as was now sought, the Fowey fishery would be all but useless; of course the men would not fish until the salmon made their appearance—about the beginning of September. Large hauls of very fine fish had often been made in November; and it was always considered that down to the middle of December the fish were perfectly good. Mr. KENDALL said the fence-days had been different in almost all the rivers in England; and one great object of this Act was to have one uniform set of fence days. What Mr. Bishop had to prove was that the requirements of the river Fowey were exceptional; and probably a similar case could be made out for the river Camel,—in both which rivers it appeared the fish were good at times, when they were not good in other rivers. His belief was that there was a very strong case for extension of time for fishing in both the Fowey and the Camel; but at the same time, he thought it would be ruinous to extend it as far as was desired by the present applicants. Some remarks were made by the CHAIRMAN on the subject of Notices apparently required by the 18th Section; after which Mr. BISHOP proceeded to examine witnesses in support of his application:— William Salt, aged 72 years. I have lived at Polruan in the parish of Lanteglos by Fowey ever since I was born, and have known the Fowey fishery about 65 years; I have myself been engaged on it 55 years, and for 19 years was lessee of harbour dues under the Lostwithiel Corporation. In Fowey waters we take the salmon at the mouth of the Harbour, between Punch's Cross and the old Castle—a width of about half a mile. I have gone to fish as early as the latter part of July, and sometimes in August; but our general rule is to go to fish about the first Monday in September, and we go on fishing till Christmas. The largest catches I ever made were in two hauls, one year, between Christmas-day and New Year's day; that was 45 years ago; we took 240 in one haul and 103 in the other; these fish were very good, and the last catch were taken to Plymouth market. During the last 10 years we have fished until the first spring tide after Christmas; sometimes this would be in January before we knocked up. The fish go up the river only when the tide flows high; they come to play about the harbour and then go up the river, but we don't go up the river at all. Between December and September we don't put our nets, for there are no salmon; but we set trammels for other fish, and if we should find a salmon in the trammel, I suppose we should not throw it overboard (laughter). ‘Tis all fish that come to our net; we catch good and bad, like St. Peter (laughter). By the Chairman:—The greatest number I ever caught in August was 30, about 30 years ago. Of late years they have not come so early as they used to do. One year I did not take more than five in August.—By Mr. Bishop.—Like pilchards, the salmon vary in different places as to times of arrival. In a case where two rivers enter the same harbour, the fish have been known to be in season in the one river when they have been out of season in the other.—George Pearn, also a fisherman of Polruan, aged 87 years, gave similar evidence as to times of arrival of salmon in Fowey harbour. He also stated that the salmon-seining here was carried on from the beginning of September to the end of December, and that, generally, the fish were as good at the end of December as they were in November.—George Climo, aged 61, a fisherman of Polruan during the greater part of his life, said in his experience, the fish had always been found good until about Christmas. The fence-day, almost ever since he could mind, had been Christmas-eve; but sometimes a week or two longer had been granted by the Conservators of the Fowey.—To the Chairman:—There was very little difference between the fish in October and November; he had seen fish in October not so good as those caught in December. Capt. LIDDELL stated to the Bench that by order of Quarter Sessions the legal fence-day both for the Fowey and the Camel was the 24th December. Capt. Salt said he believed it was the 12th December, and the Conservators extended it to the 24th. Mr. Kendall, M.P. deposed that for many years he had known the Fowey river. In consequence of the Commission issued and the inquiry made in the present year, his attention was particularly directed to the Salmon Fishery. From his own knowledge he could state that about October or the early part of November, the finest salmon were found at the entrance of Fowey Harbour; but for many years he believed the fish had been taken very improperly, to a much later period—much to the damage of the fishery. His belief was that the Fowey fishery was one of the cases contemplated by the Act of Parliament to which extension of fishing time might be granted; but he would not undertake to say how far that extension should go. He might perhaps be allowed to say that just before leaving London he had conversation with one of the Commissioners—Mr. Fennell, an Irish gentleman—who said he thought the fishing time might very fairly be extended in the rivers Fowey and Camel, inasmuch as he was aware that the fish lay off the harbour mouth waiting for sufficient water in the rivers to enable them to go up; and this did not take place until long after the fence time fixed by Act of Parliament.—Mr. Kendall also referred to objections to the 17th clause of the Bill when before the House of Commons, by Lord Valletort (now the Earl of Mount Edgcumbe), and said his lordship was told the 18th clause would meet all difficulties. His (Mr. Kendall's) belief was that with respect both to the Fowey and the Camel there were strong grounds for extension of the open season; but he should be sorry to see such extension go beyond the middle of November. He believed that if the Fowey and Polruan fishermen would be content not to press for too late a fence day the fish would go up the river in larger quantities than at present, and the larger catches they would be able to make up to the end of November would ere long amply remunerate them for any temporary loss they might incur by the relinquishment of fishing after that time. Mr. BISHOP, observing that doubtless the original fence-day—the 12th of December—was fixed after due consideration, said he would ask for extension to that day. The MAGISTRATES then consulted; and the result was that the CHAIRMAN stated:—l am directed by the Bench to say that I shall make application to the Home Office to extend the open season for the Fowey waters, to the 7th November. Mr. KENDALL:—That is an extension of 2 months and 7 days. —The Rev. J. J. WILKINSON then made a similar application, on similar grounds, in respect of the Salmon Fishery in the River Camel; and, in support of the application, evidence was given by Mr. Lakeman, of Costislost, a conservator of the River Camel. He said that the fence days as fixed by the Act of last session would effect an entire prohibition of the Fishery in the Camel; and he thought the fishery ought to be open until the 7th November at least. It was understood that, as in the case of the River Fowey, the Bench acceded to the application.

Contributed by Claudia Richards

Royal Cornwall Gazette 22 November 1861

LOCAL INTELLIGENCE. THE SALMON FISHERY.—PORCUPINE PETTY SESSIONS, Monday 18th instant, before C. B. G. Sawle, Esq., Nevil Norway, Esq., and the Revds. Chas. Lyne and E. J. Treffry. The only case of notice at this sessions was the following one under the New Salmon Fisheries Act. William Clemence, of Polruan, was summoned, but did not appear, to a charge of selling and offering for sale on 29th October last at , two salmon contrary to the form of the statute; whereby he had incurred penalties amounting to 4l.—Thos. Sherston, inspector of the Cornwall Constabulary, whilst stationed at Tywardreath, proved that the defendant offered for sale to him on the day named the two salmon which he produced. They were fresh when he was called up by defendant, and for preservation, he, witness, had had them cured. It appeared that Mr. Bishop was retained to defend the case, but in a letter sent to the Clerk he stated his inability to attend and asked for an adjournment. Their Worships however fined the defendant in the sum of 2l., being 1l. for each fish, and condemned the fish. This is, we believe, the first case under the new Act heard in the County.

Contributed by Claudia Richards

Royal Cornwall Gazette 3 January 1862

CORNWALL EPIPHANY SESSIONS TUESDAY, 31 DECEMBER

THE SALMON FISHERY. Mr. SAWLE stated that, as chairman of the justices at the last sessions, he was directed to forward a memorial to the Secretary of State for the Home Department, praying for an alteration of the close days as laid down in the Act of Parliament, so far as they applied to the rivers Camel and Fowey. He had forwarded that memorial, and had received the following reply.

Whitehall, October 24th. "I am directed by Sir George Grey to acknowledge the receipt of your letter of the 18th instant, forwarding an application of the justices of Cornwall for an extension of the close days of the salmon fishery in the rivers Camel and Fowey. And I am to inform you that Sir George Grey is not prepared to comply with this application at present."

Transcribed by Karen Duvall

West Briton and Cornwall Advertiser 21 February 1862

THE SALMON FISHERIES ACT. MEETING AT CAMELFORD. A public meeting was held at the Darlington Hotel, Camelford, Friday, the 14th of February, for the purpose of considering and adopting such means as might be thought most effective for carrying out the provisions of the statute, 24 and 25 Vic., cap. 109, intituled "The Salmon Fisheries Act, 1861," on the rivers Camel, Slades, and their tributaries; Mr. E. J. Hurdon, mayor, in the chair. The first resolution, moved by Mr. Francis J. Hext, and seconded by the Rev. J. J. Wilkinson was, "That this meeting is of opinion that the provisions of the recent statute, intituled the Salmon Fishery Act, is calculated, if fairly and legitimately carried out, to be highly beneficial as applying to the river Camel, and its tributaries, and that this meeting pledges itself to co-operate by every lawful means in order to carry out the intentions of the said Act of Parliament." Mr. Hext said he deeply regretted (this being the first meeting) that many influential gentlemen were prevented from attending, for reasons which he stated. It was well known that for a number of years salmon had been decreasing in the river Camel. This he attributed in a great measure to the destruction of the spawn, and the desire was to prevent this, but the law not being sufficiently stringent until the recent Act was passed, the destruction of the spawn could not be prevented, and had not the existing measure passed into law the salmon would have become almost extinct in a short time. The legislature in providing this Act had made it to apply to England, as others applied to Scotland and Ireland, and they were all anxious, more or less, to promote associations for the protection of the fish. It was the feeling of every one that rich and poor should have the right of fishing in a fair and legitimate manner. He found a great number of poor people regarded this as a gentleman's movement. It was not the gentleman's movement only, but it was a movement for the encouragement of fair sport, and to enable the poor as well the rich, to procure the fish at a reasonable price. He thought that as the Act was not generally understood in that neighbourhood, he would quote some of the clauses. This he was desirous to do, that the public might be made acquainted with the law upon the subject. By sec. 8—1st, no person can use any light for the purpose of catching salmon; 2nd, use any spear, gaff, strokhall, snatch, or other like instrument for catching salmon; 3rd, have in his possession a light or any of the foregoing instruments under such circumstances, so that the court before whom he might tried would believe he intended at the time to catch salmon by means thereof, and any person acting in contravention of this section would incur a penalty not exceeding five pounds, and forfeit any instrument used by him or found in his possession; but this section did not apply to any person using a gaff as auxiliary to angling with a rod and line. Sec. 9 enacted that no person should, 1st, use any fish roe for the purpose of fishing; 2nd, buy, sell, or expose for sale, or have in his possession any salmon roe, and any one acting in contravention of this section should, for each offence, be liable to a penalty not exceeding two pounds, and forfeit all salmon roe found in his possession; but this section did not apply to any person who used, or had in his possession, salmon roe for artificial propagation or other scientific purposes, or who could give any reason satisfactory to the court by whom he might be tried, for having the same in his possession. Sec. 10 enacted that no one should take or attempt to take, salmon with any net having a mesh of less dimensions than two inches from knot to knot, (the measurement to be made on each side of the square) or eight inches measured round each mesh when wet, and any person acting in contravention of this section should forfeit all nets and tackle used by him in so doing, and for each offence incur a penalty not exceeding five pounds. The placing two or more nets behind or near each other in such manner practically to diminish the mesh, or the covering the nets used with canvas, or using any other artifice so as to evade the provisions of this section with respect to the mesh or nets should be deemed to be an act in contravention of the statute. As to removal of fixed engines during close time, 20th section enacts 1st, that all the engines or other things that were not removed and carried away in compliance with this section shall be forfeited; 2nd, for every day during which such things remained beyond the period prescribed by this act the offender should pay a sum not exceeding ten pounds. By section 21, no person can fish for, catch or kill by any means other than a rod and line any salmon between the hours of 12 o'clock at noon on Saturday and the hour of six of the clock on Monday morning following. He next wished to draw the attention of the public to the fact of obstructing or wilfully taking and destroying young salmon, as it was the custom of some to catch and destroy salmon spawn, and said that while such was the case we could not have in the rivers one half the salmon there ought to be. He for one would give every encouragement to legitimate sport, but he thought that in most rivers it would be found that if fishermen would take the spawn and destroy the fish, it was (using a common saying) like killing the calf in the cow's belly. Were the fish to come up the river by hundreds as they probably would, and were it not uncertain as to their being destroyed, he considered the increase in a year or two would be such that there would be plenty of fish. He concluded by showing the instinct of the fish, that if they did not feel safe in the waters to which they properly belonged they became wary, and if we protected the rivers, and the rivers protected the fish, they would be abundant; whereas, if fish or any other animal is constantly harassed it becomes shy, its instinct for self-preservation is aroused, and it avoids those places where it might otherwise be found; thus it was generally the case with salmon. The second resolution, moved by Mr. S. Rosevear and seconded by Mr. J. Peter was, "That for the purpose of carrying out the previous resolution a committee be appointed consisting of the following gentlemen: Sir H. Onslow, Bart., Francis John Hext, Esq., Rev. J. J. Wilkinson, Rev. John Kingdon, Mr. W. D. King, and Mr. Harry Seccombe." Mr. EDWARD HOCKEN said, so far as the subject came within his own knowledge, he thought it would be up-hill work at first, and upon that ground nothing could be done without agitation; that they must agitate the matter to carry out these new laws. Mr. HEXT here remarked that he thought it quite within limits of possibility that salmon might be 2d. or 3d. per lb and it would be a nourishing food for the poor people. Mr. HOCKEN continued by observing that the offenders of the law often frequented the public-houses, and if they were out poaching they were not content without something, and would take whatever they could lay hold of; so that, in order to carry out the object of the meeting, they must use patience and perseverance. Mr. HEXT showed the value of good fishing rivers, and that they made a rental of £3,000, £5,000, and even £12,000 a-year. The third resolution, moved by Mr. EDWARD HOCKEN, and seconded by Mr. C. C. HAWKER, was— "That, in order to meet such expenses as the committee may think necessary to incur in prosecutions, inspections of rivers, &c., a subscription list be immediately commenced. The fourth resolution, moved by Mr. W. D. KING, and seconded by the Rev. J.KINGDON, was—"That as it is probable that other associations will be formed in the neighbouring districts for the protection of the river Camel and its tributaries, resolved, that it is the wish of this meeting to unite and co-operate with them for the purpose above specified, and form one general association, and that a copy of these resolutions be forwarded to the authorities at Bodmin and Wadebridge." Rev. J. KINGDON said he felt very considerable interest in the preservation of the fish, and the great object of the society would be to prevent illegal destruction of them. The resolution which he was about to second referred to the forming association to be called the Camel River Protection Association. He thought it a very important point that branch associations should be formed and be united in one general society, and had no doubt that gentlemen at Bodmin and Wadebridge would happy to unite in order to carry out the object which this meeting had in view. Certain gentlemen not present through unforeseen circumstances, viz., Sir H. Onslow and Mr. Edwin Ley, were most anxious to support a society of the kind contemplated. Nothing would have so great an effect as to offer rewards for the apprehension of all offenders. The speaker then remarked upon the destruction of the salmon spawn and other means of destroying fish, contrary to the act of parliament. A liberal subscription list was then opened, and a vote of thanks to the Mayor, proposed by Mr. C. C. HAWKER, and seconded by the Rev. C. VERNON PAGE, was carried unanimously, and terminated the proceedings.

Contributed by Claudia Richards

Royal Cornwall Gazette 10 January 1863 The District.

BODMIN. THE SALMON FISHERIES ON THE FOWEY AND CAMEL.—Mr. Eden, one of the Government Inspectors of Fisheries, attended at the County Hall, Bodmin, on Friday last, for the purpose of hearing evidence for varying the close season for the Salmon Fisheries of the rivers Camel and Fowey. Among those present were N. Kendall, Esq., M.P., Colonel Gilbert, Captain Barnett, Captain Edyvean, Captain W. Hamley, R.N., Lieutenant Liddell, R.N. , Rev. J.J. Wilkinson, and Rev. J. Wallis. Evidence was given by the Rev. J. J. Wilkin- son, Lieutenant Liddell, Mr. S. H. Liddell, Captain Barnett, Captain Edyvean, John Coleman, John Osborne, William Hoskin, and Mrs Edyvean, of Padstow, as to the state of the fisheries on the River Camel; and by Mr Smith of Polruan, S. Kendall, Esq., M.P., and John Thomas, with regard to those on the river Fowey. Nearly all the witnesses concurred in thinking that the close season should not commence until about the middle of October, instead of in September, as at present. Mr Eden said there certainly seemed to be something peculiar about the fisheries in this part of the country, and that it would be well could the commencement of the close season be made rather later for these rivers; but the fisheries being so small in comparison with those in many other parts, he scarcely thought an exception would be made.

Contributed by Claudia Richards

Royal Cornwall Gazette 21 October 1864

CORNWALL MICHAELMAS SESSIONS THE CORNISH FISHERIES. Mr R. G. LAKES gave notice that at the next sessions he should bring before the Court the present state of the salmon fisheries in the rivers Fowey and Camel, in order that the present apparent injustice arising therefrom might be represented to the Home Secretary, with a view to some alteration being made as to the time of catching salmon in these rivers. He hoped to be then in a position to produce such evidence as would induce the Court to apply to the Home Secretary for an alteration in the close season. Mr ROBARTES said that during the last three or four weeks, he had received such statements on the subject from persons unconnected with the fisheries as would, he believed, lead to a reconsideration of the question. He was not, however, prepared to go into the matter at present, but it appeared to him that the open season might be judiciously extended to October. The other day he wrote to Mr Baring, the under-secretary, on the subject, and in his answer that gentlemen stated that the case of the salmon fishery was a puzzling one. The fishery inspectors were against extending the time of the open season; but if he were a magistrate, and not satisfied with the present arrangement, he should certainly bring the question again before the quarter sessions. Mr N. KENDALL explained that there was this difficulty, which had been mentioned to him by a gentlemen who had been sent down to inquire into the matter, that if the open season was extended to October in Cornwall, and not in other parts of the country, then every case of fish that went up to London in October, would be called Camel or Fowey salmon. That was, undoubtedly, a strong point, but as Mr Lakes had given notice of his intention to bring the whole question before the next sessions, they would then have an opportunity of considering what should be done.

Contributed by Claudia Richards

Royal Cornwall Gazette 6 January 1865

CORNWALL EPIPHANY SESSIONS THE SALMON FISHERIES. Mr R. G. LAKES said it was not his intention to offer many remarks of his own with reference to this question, but there was a friend of his present whose opinions and whose writing on matters connected with fish were known and respected by the most scientific men in the land. He (Mr Lakes) regretted to say that neither himself nor Mr Couch—for that was the gentleman to whom he alluded, were in any way connected with, or had any interests in the fisheries of the Fowey or the Camel. His only object was to bring before the court a great grievance and injustice under which the poor fishermen were labouring, and in doing so he would merely state the plain simple facts. By the Act of Parliament—24 and 25, vic., cap. 109, which regulated the salmon fisheries in this county, the open season was at first fixed from February to the 1st September, but in consequence of the interference and influence of Mr Kendall, an alteration was made so as to extend the close season in the spring to the beginning of April. In his opinion the alteration took place at the wrong end of the season—at all events as regards the Fowey and Camel. The fact was that the fisheries were now in this anomalous position, that when the law said the fish might be taken there were no salmon in the river, and when law said the fish shall not be taken the river were full of them—that was after the first of September and the following months. It was well known that the salmon did not make their appearance in the Fowey till July, consequently the act was calculated to do away with the fishery at Fowey and Polruan altogether. Now, they would all agree that none of them were fully acquainted with the different laws of nature, and no doubt the legislature were in the same state and were therefore liable to make mistakes. If they took other natural science—ornithology and botany for instance,—they would find peculiar conditions affecting them also. With regard to botany, certain plants would grow in your neighbourhood but not in mine, and how could this be explained, except that they had a peculiar attachment for one place over another. And again, why did the starling come here in one season and migrate to Herefordshire and the neighbourhood at another. Those were things that could not be explained, and so it was with regard to the peculiar habits of the salmon in different rivers. He only appeared in the interest of the poor fishermen upon whom, at Polruan and Fowey alone, this Act of Parliament had inflicted a loss of something like £1,000 a year. It appeared that on the 13th of the present month a meeting is to be held at , at which one of the Government Commissioners Mr Ffennell is to attend, and the Conservators and all persons interested in the fisheries in the Western Counties are invited to attend to give evidence on the matter. Now, that was an admission that the Government themselves did not consider the enactment satisfactory. He thought if the fishermen of Polruan and Fowey were allowed to fish for salmon till the end of November, something like justice would be done to them, though even then not full justice. Now, he had here stated nothing but facts, but as they might be considered only assertions on his part, he would ask the court to allow him to call Mr Couch to state whether they were correct or not; he only wished to put the plain facts before the court in such a manner as to make a case of injustice towards the fishermen, and having made out the case he should ask the court to request the Government to inquire into the matter with a view to remedying the evil. The CHAIRMAN said it was no doubt a very important question, but one upon which the Court could not approach the Home Office unless upon well-substantiated facts. Therefore, he thought Mr Couch's evidence had better be taken. Mr COUCH having been requested to state what he knew on the matter, confining himself to the point in question as nearly as possible, said he had kept a journal of fisheries for more than 50 years, and during that time he had never known salmon come into the Fowey in July but once; a few came in August; they began to be more abundant in September, but even then it was not worth the fishermen's while to begin to take them; but in October and November the fish were most plentiful and in best condition. The fish were now in the river in very large numbers, in consequence of not having been caught since the passing of the act. The river was now full of salmon, but the fishermen could not catch a single fish. The time for breeding was during the latter half of December and the first half of January; that was the time all over Europe, though there might be an exceptional case of a fish breeding in September. Mr KENDALL asked if the fish were in good season up to the end of November. Mr COUCH: Quite up to that; that was their best time. It was very well known that not more than half the fish spawned in one year, the other half spawning the next year; they spawned in alternate years. They varied considerably in their time of coming up rivers. In Scotland, even in rivers within six or seven miles of each other they varied very much. They would lie off a week or too (sic) and rush in all at once, perhaps on a dark or cloudy night. There was no doubt a reason for it in nature, but it was not known. He had reason to believe that the habits of the Camel salmon were the same as those of the Fowey, but he could not speak of the Camel from personal experience. The court ought to understand that there were three kinds of fish commonly spoken of as salmon, which were really not salmon. There was the salmon peal of Devon and Cornwall, which was a distinct species and as different from the salmon as a rabbit was from a hare. Then again there was the salmon trout, which was also a distinct species. Mr. KENDALL: Do I understand from you that when the law allows fish to be caught there is then none to catch, and that were you to begin to fish in February the fish would then be spent? Mr COUCH: That was the fact, and it was proved by experience that though the salmon shed their spawn at different periods, the spawn came to life about the same time. The fish were not good in February or March, but April was a proper time. Mr KENDALL said the Home Office agreed to extend the close season to April, but they would not make a corresponding alteration in the autumn. The CHAIRMAN: Do I understand that the 20th of October, to which time the sessions had asked the Home office to extend the open season, was not long enough? Mr COUCH said it ought to be at least to the 20th November. October and November were the best months. He then spoke of the third kind of fish frequently mistaken for salmon; this fish went under various names, but was called in Fowey, "bluepole," that was a distinct species which only came to them in the winter. Mr KENDALL: Would you be likely to catch more fish in the first or last week in October. Mr COUCH: There would be pretty much of a uniformity in the take all through October and November; it would only vary from unforeseen causes. Mr KENDALL: If you were to go to the last week in November would it improve the breed? Mr COUCH: No, none whatever. He might state that it was calculated that the salmon produced for every pound in weight a thousand spawn, so that a ten pound salmon would produce 10,000 spawn. There was a great difference in the time of the spawn coming to life; this was much affected by climate, the transformation being effected here in half the time that it was in Scotland. The CHAIRMAN asked if Mr Couch could suggest any practical way of meeting the difficulty felt by the Home office; that of unseasonable salmon being sent from other parts of the county, and sold as Fowey or Camel salmon. Mr COUCH said the objection might be obviated if the rivers were properly protected; and another mode of preventing the imposition which had been suggested to him was for the customs authorities to mark all the salmon sent from the Cornish rivers—say by pinching its tail—(laughter)—and make the imitation of the mark an offence. Mr E. COODE, jun., said he had great respect for Mr Couch's opinion, and the Court was very much indebted to him (hear, hear), but at the same time even Mr Couch's evidence had shown that the Act had been productive of good, for he admitted that the salmon in the river had very much increased— (hear, hear). He (Mr Coode) did not think they ought to attempt to induce the Government to alter the close time without very strong evidence, and this was a question upon which there was great difference of opinion. There were then in Court several gentlemen, sportsmen and practical men who differed from Mr Couch, and he thought they ought to be heard in the matter before the Court committed itself to any action. There were Col. Gilbert, Capt. Edyvean, and Mr Pascoe, Mr Fowler, and Mr Thomas, the latter two being practical men, living on the river Camel. Mr KENDALL did not see what use there was in having a river full of salmon if they were not allowed to catch them—(laughter) that was the great evil, and the increase of the fish could be of no benefit so long as they could not catch them. Mr COUCH said he had not spoken from his experience with regard to the Cornish rivers alone, but had information from the most scientific men in all parts of Europe with whom he had been in communication on a work he was writing. For his own part the only interest he had in the matter personally was that he used to get a salmon now and then but now he got none—(laughter). Major GRYLLS said he had himself caught salmon in June in the Fowey and had seen several others in the river. Mr COUCH said it must have been peal. Mr E. COLLINS having obtained from Mr Couch drawings of peal and salmon, declared that he had caught salmon in the Lynter in June. The CHAIRMAN said it occurred to him that it would be rather premature to address the Home Office before the result of the meeting at Exeter was known, and he would suggest that the question be adjourned till the next sessions, for the purpose of having before them the result of the meeting, where evidence of wider application would no doubt be taken. Mr KENDALL did not see how it would alter their position. The question was that the rivers were full of good seasonable salmon here, when they could not be taken. Mr Fennell had himseIf admitted that the salmon were later in coming up the Cornish rivers, and were later in season, but he said if the open season was extended here they would have unseasonable salmon from other parts, caught and sold as Camel or Fowey salmon. Now, he (Mr Kendall) did not consider that any answer at all. If they could prove an injustice was done here, it ought to be removed, and it was the duty of the government to find a remedy for any other evil that might follow. If they proved that the rivers were filled with seasonable salmon when they were not allowed to catch them, that was a great injustice, and it was for us to see that the grievance was removed. Mr ROBARTES said he understood Mr Lakes' object to be, to show that there was an injustice and then to ask tor an inquiry and not to fix any time himself. Mr KENDALL said he had fished both the Camel and the Fowey very largely, and he believed the Camel to be the latest river in the kingdom, so that the case was even stronger than the Fowey. Col. GILBERT said he had caught a fish in the Camel 121bs weight in Sept. last; it was full of spawn and fresh from the sea, being covered with sea lice. Capt. EDYVEAN said that he had fished the river Camel last year up to the end of August. He commenced in April but he saw from the peas in the fish they caught, that the salmon was not fit for food, and that the fishing should be stopped. They only fished up to the 1st September, but they found that August was quite late enough. There certainly never had been so many fish brought into Bodmin as during last year, and yet never was the water in the river so low. Two years ago they began to fish in the Camel in April, and the first day they caught 17 salmon, some of which weighed 17 lbs., but they were not good. In fact, they were more like hake than salmon, and were not fit for food. The fish were spent and miserable, and the fishmongers in Plymouth to whom some were sent, would not have anything to do with them. They were not fit for food in May, but in June they got better, and they were able to fish during that month, July and August, but in September they began to get bad again. Mr LAKES said that the statement of Capt. Edyvean showed that during the time specified by the Act of Parliament the fish were not fit for food. Mr E. COLLINS did not think that sufficient evidence had been given to justify the court in asking the Home Office to extend the open season, and he moved that the court do not do so at present. Mr KENDALL said that he had seen excellent fish caught in November; in fact, Mr Fennell himself had admitted to him that the Cornish fisheries were much later than those of other parts of the kingdom. He would, however, ask Mr Lakes whether he thought it would be wise to ask for October and November to be included in the open season. Mr LAKES said he did not wish to name any time; but he would leave that entirely to the court. If they should succeed in obtaining a month's longer time for the fishermen, he should be very thankful. Mr CAREW said that Mr Lakes had clearly made out a case showing the necessity for further inquiry on the subject, and he moved that the Home Office be asked to direct that Mr Fennell should visit Cornwall and institute an inquiry into the salmon fishery in all their rivers. Mr SAWLE said that they could not include the Tamar without notice being given both in Devon and Cornwall. Mr LAKES said that the motion of Mr Carew would meet his views, and he begged to second it. The CHAIRMAN was then instructed to communicate with the Home Secretary, asking him to request Mr Fennell to come to Cornwall after the meeting at Exeter, and inquire into the subject of the salmon fisheries of the Cornish rivers.

Transcribed by Karen Duvall

Royal Cornwall Gazette 30 June, 1865

CORNWALL MIDSUMMER SESSIONS. THE FISHERIES OF CORNWALL. The Chairman read a letter from Mr T. G. Bating, Under Secretary to Sir G. Grey, enclosing the report of Mr Ffennell, the Government Inspector of Fisheries, as to the effect of the close and open times fixed by the Act 24th and 25th Vict. cap. 109, with regard to the capture of salmon in the fisheries of Cornwall. He referred to the law fixing the close and open season, and to the power given by the 18th section of the Act to the Home Office, upon the application of the Justices at Quarter Sessions assembled, "to extend or vary the time during which it is permitted to take salmon." He next referred to the discontent of the fishermen of Cornwall, with the restrictions to discontinue fishing on the 1st of September, and the application that was made by the magistrates to the Home Office on a former occasion to extend the fishing season beyond that time, which led to the inquiry held by Mr Eden in Cornwall, and his recommendation that the time should not be extended. He then called attention to the evidence taken by the Royal Commission in Cornwall in 1860, on the subject of the condition of the salmon fisheries of Cornwall, and the state in which they are now found by the evidence which he had obtained during his inquiry in January last, (which was fully reported in this paper at the time) stating, that "it was quite clear from the evidence given in the former inquiry" that the river Fowey is hopelessly poisoned at present, and has been for several years, perhaps for the last twenty, and that, what few fish that may be captured outside the harbour are bred somewhere else; that the number has been greatly diminished, and that no close season has been observed till recently. The witnesses of the better class (he observed) who appeared before the commission in 1860, all recognized the expediency of an earlier closing of the fishing season; and the lower class of fishers, to a man almost, advocated fishing at all times when a fish was to be found in the river. Pretty nearly the same state of things exists at present. The river Fowey is totally destroyed by mines; there are no fish to be found in it now. Some fish in other streams not polluted, pass outside the harbour's mouth, and in December and January, are coasting about in the vicinity of these streams, or it may be that they belong to some of the South Devon rivers. There are men at Polruan , who take sea fish of different kinds, and having boats and gear, are naturally anxious to take salmon also. Those men proposed to me that if they were allowed to fish during December and January for salmon, that they would give up their seans to the police to be kept by them for the whole of the other part of the season, as a security that they would not fish. The Camel is not poisoned. The waters from a mine which entered that river lower down some few years since, are not now injurious, as the mine is not working. The fish have been protected to a very considerable extent, and have greatly increased within the last two years. As the increase becomes manifest, the fishers become impatient of restraint, and wish to return to their old habits. Some of these men are located on the tidal waters; others above. The latter have been the most destructive. They pursued the fish throughout the winter with the torch and spear upon the spawning beds, and do so still when they can evade the vigilance of the police, who have rendered most valuable assistance in the suppression of this evil practice. These people asked to be allowed to fish up to Christmas, and many of them think they propose to make a great sacrifice by not demanding to be allowed to continue through January. Many of the upper classes not going so far, propose that the fishing season should be extended to the 1st of December. It is supposed by some that this indulgence would put an end to poaching; but others hold a very different opinion, and I fear that the 'salmon hunters,' as those who work with the torch and spear are called, would not be very scrupulous about the matter, and would be very reluctant to abandon the chase on the spawning beds during December and January. “There is nothing peculiar in the habits of the salmon in the Camel or other streams in Cornwall. The spawning season is the same as in all other rivers. The time of entering the Camel is the same as in other rivers of similar size. The peel, as they call the sea trout, begins to come up in June. The salmon is a little later. A few of these summer fish only make their appearance at present because the early spawning fish have for many years been killed. If closing early be observed for a while, there will be a proportionate increase of fish in June and July; and this has already been evinced in the market at Bodmin, after two years only of partial protection; for the law was not enforced in Cornwall for a year or more after the Act of 1861 passed, and even then to a very limited extent; so that the Act has not yet had a fair trial. "Fish will never enter the Camel in February, as in larger rivers, where they have sufficient 'holding water' in summer, such is the wonderful law of instinct which cautions them not to try a summer abode where they could not obtain shelter from the sun or concealment 'from numerous enemies;' and although such small rivers are called ‘late' in regard to the commencement of fishing, and a claim often made, that the fishing season should be extended as a compensation, all practical men divested of selfish or interested motives agree that under such circumstances, the short fishing season is quite as exhaustive of the stock which should be reserved for brood as the longer one in a large river; for the fish are confined within a narrower space, rendering the power of capture more facile, and they come in together in more accumulated quantity. "Throughout Ireland there is a great variety of rivers, some of them varying quite as much as does the Camel from the larger rivers of England, with regard to the time when the fish enter them, and there, in a few rivers, the open season has been extended from the 1st of September to the 15th, and in one solitary instance to the 28th. In Scotland, by a late arrangement, under a special commission the 10th of September is the latest day allowed for small rivers. It is urged that in Cornwall the fish are in good condition up to Christmas. This is not the case. Heretofore they have been sent to London, no doubt, in the winter months, and obtained, I believe, a fair price; but their final destiny was Paris, where salmon of any description has been saleable. "To show the rule by which the quality of the fish is judged in Cornwall, I beg to refer to the extract from Mr Francis John Hext's evidence which I have before quoted. He says:—"We draw the line between a fish that is working, and a fish that has not commenced. Our rule is that a fish is good that has not commenced spawning. In conclusion, Mr Ffennell states:—"I do not think that the fishing season should under any circumstances be extended beyond the 10th or 15th September, being the limits fixed in Scotland and Ireland with the exception of one very small river in Ireland allowed to fish to the 28th September. This river is the sole property of Lord Downshire, and the extention (sic) was pressed upon the commissioners in Ireland principally upon this ground, and I believe it was not expedient to do so. The short fishing season in several of the small rivers of South Devon has been productive of much good, and is now acknowledged to be right in principle; and many who were at first opposed to the rule, now highly approve of it. There is no reason, in my mind, why Cornwall should be excepted, and I recommend that no change should be made at present. The fish have already increased very considerably in the Camel, and if protection be rendered to them in the spawning season, they will continue to multiply, and will be found, if properly sought for, in the summer months in high condition by fishing further out in the tidal waters than has heretofore been the practice. But if fishing be permitted in the narrow tidal channel, and upon the spawning beds during October, Nov., and Dec, it is impossible that a sufficient stock of brood can be maintained; and the Cornwall salmon fisheries must remain the very worthless thing which they have so long been. I should be disposed to recommend an addition of 10 or 15 days in September, as is done in similar rivers in Ireland and Scotland, were it not that I believe the indulgence would be quite despised by the fishermen in Cornwall, who ask to be allowed to fish throughout November at least. Therefore I think it more expedient to give the early closing principle, now so universally recognized as the right one, a full and fair trial."

Transcribed by Karen Duvall

Royal Cornwall Gazette 19 October 1865

CORNWALL MICHAELMAS SESSIONS. THE SALMON FISHERY. Mr LAKES presented a petition from the fishermen of Fowey and Polruan, asking to be allowed to take the salmon in the salt water of the harbour. There were, they asserted, a great number of salmon in the harbour, but they would not go up the river because the water was so polluted. Sir COLMAN RASHLEIGH objected to the matter being reopened. He knew that two very large salmon had been caught very high up the Fowey river.

Transcribed by Kirsty Sjoholm