British legislators ought certainly to consider the recent completion of our knowledge both of salmon and sea-trout; and if they can make themselves masters of their more detailed local history, so much the better. Mr Home Drummond’s is still the regulating Act of Parliament, and seems to have kept its ground firmly, notwithstanding many attempted alterations, if not amendments. In accordance with that Act, all our rivers north of the Tweed close on the 14th of September, and do not re-open till the 1st of February.[14] This bears hardly upon some of our northern streams. In the Ness, for example, before the application of the existing laws, more fish were wont to be killed in December and January than during most other periods of the year.[15] It appears to have been clearly ascertained that the season of a river (in respect to its being early or late) depends mainly upon the temperature of its waters. The Ness, which is the earliest river in Scotland, scarcely ever freezes. It flows from the longest and deepest loch in Britain; and thus, when the thermometer, as it did in the winter of 1807, stands at 20, 30, or even 40 deg. below the freezing point at Inverness, it makes little or no impression upon either lake or river. The course of the latter is extremely short. The Shin is also an early river, flowing from a smaller loch, though with a more extended course before it enters the Kyle of Sutherland, where it becomes confluent with the Oykel waters. It may so happen, that in these and other localities, a colder stream, drawing its shallow and divided sources from the frozen sides of barren mountains, may adjoin the lake-born river, and
“On
that flood,
Indurated and fix’d,
the snowy weight
Lies undissolved, while silently
beneath,
And unperceived, the current
steals away.”
Now salmon don’t like either snowy water, bridges of ice, or stealthy streams, but a bold, bright, expansive, unimpeded, and accommodating kind of highway to our inland vales. They instinctively regard a modified temperature, and a flowing movement, as great inducements to leave the sea in early winter, instead of waiting until spring; and, in like manner, they avoid “imprisoned rivers” until icy gales have ceased to blow. The consequences are, we may have an extremely early river and a very late one within a few hundred yards of each other, and both debouching from the same line of coast into the sea. Now, in the autumn of 1836, a bill was proposed and brought in by Mr Patrick Stewart and Mr Loch, to amend the preceding Act (9th Geo. IV.) which had repealed that of James I., (1424.) It proceeded on the preamble, that “whereas the sand acts have been found inadequate to the purposes for which they were passed, inasmuch as it is found that our close-time is not suitable for all the salmon fishings and rivers throughout Scotland, and it is expedient that the same should therefore, and in other