Legal Definitions - common of fishery

The term common of fishery refers to a specific legal right that allows an individual or a defined group of people to fish in a body of water (such as a river, lake, or pond) that is owned by someone else. This right is not a general public right but a private one, typically established through historical custom, a formal grant, or a specific agreement. It grants the holder the ability to take fish from another's property, often for personal consumption or, in some cases, for sale, depending on the nature and terms of the right.

• Example 1 (Historical Community Right): In a remote coastal village, local families have, for generations, held a traditional right to cast their nets in a particular estuary that is legally owned by a large private estate. Despite the estate's ownership of the water and seabed, the villagers' long-standing custom has evolved into a recognized common of fishery, allowing them to continue fishing in that specific area for their livelihood, even though they do not own the property themselves.

• Example 2 (Private Grant to an Individual): Mr. Davies owns a large farm with a private stream running through it. He grants his neighbor, Ms. Chen, a formal, written right to fish for trout in a specific section of that stream every weekend during the fishing season. This arrangement is a common of fishery, as Ms. Chen has a legal right to take fish from Mr. Davies's private property, distinct from any general public access.

• Example 3 (Organizational Right): A local angling association, "The Riverbend Fishing Club," negotiates an agreement with a private landowner who owns a significant stretch of a river known for its salmon. The agreement grants the club members the exclusive right to fish in that particular section of the river for a set period each year, in exchange for an annual fee and adherence to conservation rules. This right, held by the club members over the landowner's property, constitutes a common of fishery.