Legal Definitions - common fishery

A common fishery refers to a legal right held by multiple individuals or the public to fish in a specific body of water, such as a river, lake, or coastal area. This right is not exclusive to a single private owner but is shared, often based on historical custom, public access laws, or community traditions. It contrasts with a private fishery, where fishing rights are owned and controlled by a specific individual or entity.

Here are some examples to illustrate the concept of a common fishery:

• Imagine a long stretch of the Columbia River that forms a border between two states. Local residents, and indeed anyone with a valid state fishing license, are generally permitted to fish from the banks or from boats in designated areas. This situation represents a common fishery because the right to fish in these waters is not owned exclusively by any single individual or private entity. Instead, it is a shared public right, accessible to many, subject to state and federal regulations designed to manage the resource for everyone.

• Consider a small, historic fishing village along the coast of Nova Scotia. For generations, the residents of this village have collectively held the right to harvest specific types of shellfish from certain intertidal zones near their homes. This right is not based on individual property ownership of the flats but on a long-standing community tradition and legal recognition of their shared access. This illustrates a common fishery where a defined group of people shares a traditional right to utilize a specific aquatic resource for their livelihood or sustenance.

• A large, publicly accessible lake located within a national park. The lake is regularly stocked with various fish species by the park service, and any member of the public who purchases a national park fishing permit and adheres to park regulations is allowed to fish there. This is a common fishery because the fishing rights are not privatized but are available to a broad public, managed by a governmental body to ensure equitable access and sustainable use for all licensed individuals.