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Legal Definitions - open possession

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Definition of open possession

Open season refers to a specific, legally designated period during the year when it is permissible to hunt, fish, or harvest particular species of wildlife. These periods are established by government agencies to manage animal populations, ensure sustainability, and regulate recreational activities.

  • Example 1: Deer Hunting
    In many parts of the United States, the "open season" for white-tailed deer hunting with firearms typically runs for a few weeks in late fall. For instance, in a particular state, the season might be from November 15th to December 1st. During this specific window, licensed hunters are legally allowed to pursue and harvest deer, adhering to all other regulations such as bag limits and tag requirements. Hunting deer outside of this designated timeframe would be considered poaching and is illegal.

  • Example 2: Salmon Fishing
    The local fisheries department might declare an "open season" for catching sockeye salmon in a specific river system from July 1st to August 31st. This means that for those two months, recreational anglers with valid fishing licenses can legally attempt to catch sockeye salmon in that river, provided they also follow rules regarding daily catch limits and minimum fish size. Before or after these dates, catching sockeye salmon in that river would be prohibited to protect spawning populations.

  • Example 3: Shellfish Harvesting
    Along certain coastal areas, there might be an "open season" for harvesting clams, often from spring through early winter. For example, the season for digging razor clams on a specific beach could be from April 1st to October 31st. During this period, individuals can legally collect clams for personal consumption, provided they have the necessary permits and adhere to limits on the number of clams they can take. Harvesting clams outside of this period is illegal, often to allow the clam beds to replenish or to protect them during sensitive reproductive cycles.

Simple Definition

Open possession refers to a type of property occupation that is visible, apparent, and not concealed. It means the possessor's use of the property is obvious enough to put the true owner and the public on notice of their claim. This characteristic is a crucial element in establishing adverse possession.

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