Legal Definitions - libera piscaria

Libera piscaria, also known as a free fishery, refers to an exclusive legal right to fish in a specific body of water. This right is typically held by a private individual, a corporation, or an entity, rather than being a common right available to the general public. It signifies a proprietary interest in the fishing rights themselves, often granted by a sovereign or established through long-standing custom and law, allowing the holder to prevent others from fishing in that designated area.

Here are some examples to illustrate this concept:

• Example 1: Historical Estate Grant

  Imagine a historical manor house in England whose original charter, dating back centuries, included a grant from the Crown for a libera piscaria over a specific stretch of the river that flowed through its lands. This grant meant that only the lord of the manor, and those he permitted, had the right to fish in that particular section of the river. Local villagers, despite the river running near their homes, would not have been legally allowed to fish there without the manor owner's permission, as the exclusive right belonged to the estate.

  This illustrates libera piscaria because the manor owner holds an exclusive, legally recognized right to fish in a defined water body, preventing others from exercising that same right, which was established through a historical grant.

• Example 2: Private Fishing Club

  Consider a private fishing club that owns a large lake and the surrounding land. The club's deeds and legal agreements establish a libera piscaria over the entire lake. This means that only members of the club, or guests invited by members, are permitted to fish in the lake. The club actively manages the fish stock, maintains the banks, and enforces its exclusive right, often through signage and patrols, preventing non-members from fishing there.

  This demonstrates libera piscaria as the private club possesses the sole legal authority to fish in the lake, excluding the general public and asserting a proprietary interest in the fishing rights.

• Example 3: Commercial Aquaculture Lease

  A commercial aquaculture company might lease a specific section of a coastal bay from the government for the purpose of cultivating oysters or mussels. The lease agreement grants the company a libera piscaria over that defined area. This exclusive right allows the company to cultivate, harvest, and manage the shellfish within that zone without interference from other commercial or recreational fishers, who are legally prohibited from taking shellfish from that specific leased area.

  This exemplifies libera piscaria because the company has been granted an exclusive legal right to harvest marine life within a designated water space, preventing others from exploiting those resources in that specific location.