Legal Definitions - free fishery

A free fishery is a legal right held by an individual or entity to fish in a particular body of water. This right is distinct and separate from the ownership of the land bordering or underlying the water. While it grants the holder the ability to take fish, it does not necessarily imply an exclusive right; other individuals or groups might also possess fishing rights in the same waters, either through similar "free fishery" grants or common law rights. It is essentially a proprietary interest in the fish within a defined water area.

• Example 1: The ancient "Blackwood Fishing Guild" has, for centuries, held a documented right to fish for salmon in a specific five-mile stretch of the River Eldoria. The land along both banks of this river stretch is now owned by various private estates and a national park.

  Explanation: The Blackwood Fishing Guild possesses a free fishery because they have a legal right to fish in the River Eldoria, even though they do not own any of the land adjacent to or beneath that portion of the river. Their right is a specific entitlement to take fish, separate from land ownership, and it might coexist with other fishing rights held by landowners or the public in different parts of the river.

• Example 2: A local angling club, "The Lakeside Anglers," obtains a specific legal grant from the regional government to operate a recreational fishing program on Lake Serene. The lakebed and surrounding parkland are owned by the municipality, which does not itself manage fishing activities.

  Explanation: The Lakeside Anglers hold a free fishery. They have been granted the right to fish in Lake Serene for their members, even though the municipality owns the lake and the surrounding property. This right allows the club to manage and conduct fishing activities without owning the water body itself, demonstrating a distinct right to fish separate from land ownership.

• Example 3: A commercial fishing company, "Coastal Catch Inc.," holds a historical charter that grants them the right to harvest specific types of shellfish from a designated tidal estuary. The estuary's seabed is part of the public domain, managed by the state.

  Explanation: Coastal Catch Inc. operates under a free fishery right. Their charter gives them the legal authority to take shellfish from the estuary, even though the state owns the underlying land (the seabed). This right is a specific entitlement to exploit the fishery resources, independent of owning the physical territory of the estuary.