Legal Definitions - fishery

A "fishery" can refer to two distinct concepts in a legal and practical sense:

• The legal right to fish: This refers to the legal entitlement or privilege to harvest fish from a particular body of water. This right can be general, allowing the public to fish in public waters (subject to regulations), or it can be an exclusive right held by an individual, group, or entity, often granted through a specific legal agreement or ownership.
• A fishing ground or area: This refers to a specific location, body of water, or region where fishing activities occur, often on a commercial or large-scale basis, or where fish populations are managed for harvesting.

Here are examples illustrating these meanings:

Examples of a Fishery as a Legal Right to Fish:

• Public Right: When a state's Department of Fish and Wildlife issues a fishing license, it grants an individual the *right of fishery* in public lakes and rivers, provided they adhere to established seasons, catch limits, and gear restrictions. This example demonstrates the general public's legal entitlement to fish in common waters, subject to government regulation.

• Exclusive Private Right: A private landowner whose property encompasses a significant stretch of a river might hold an exclusive *fishery* right for that specific section. This means only the landowner or those they explicitly permit can fish there, even though the river itself is a natural waterway. This illustrates an exclusive legal entitlement to fish, often tied to property ownership.

• Commercial/Granted Right: A local government might grant a commercial aquaculture company a specific *fishery* right to cultivate and harvest oysters within a designated bay area. This legal grant allows the company exclusive use of that marine space for its commercial operations. This shows a legally granted, exclusive right to engage in fishing (or fish farming) activities for commercial purposes.

Examples of a Fishery as a Fishing Ground or Area:

• Oceanic Area: The Bering Sea is a vast and productive *fishery* known globally for its pollock, crab, and salmon populations, supporting large commercial fishing fleets from multiple nations. This illustrates a large geographical area recognized for its significant fishing potential and activity.

• Inland Water Body: A large, man-made reservoir is carefully managed as a popular recreational *fishery* for bass and trout, attracting sport anglers from across the region. This shows a specific inland water body designated and actively used for fishing.

• Managed Aquaculture Site: A series of interconnected ponds and tanks used for farming shrimp in a controlled environment constitutes a modern *fishery*, even though the shrimp are cultivated rather than caught wild. This demonstrates a managed site dedicated to the production and harvesting of aquatic organisms.