Legal Definitions - right of fishery

The right of fishery refers to the legal entitlement or privilege to catch fish in a specific body of water. This right can be held by individuals, groups, or entities, and it can pertain to various types of water, such as rivers, lakes, ponds, or designated sections of the sea. It can be a private right, often attached to land ownership, or a public right, typically regulated by government bodies to ensure sustainable use and fair access.

• Example 1: Private Landowner's Exclusive Pond

  Mr. Henderson owns a large rural property that includes a natural spring-fed pond. The deed to his land explicitly states that he, and any future owners of the property, have the exclusive right to fish in that pond. He can choose to fish there himself, invite friends, or even charge a fee for others to fish, but no one else has an inherent right to do so without his permission.

  This illustrates a private right of fishery. Mr. Henderson's ownership of the land grants him the legal authority to control and engage in fishing activities within the pond on his property, and to exclude others from doing so.

• Example 2: Indigenous Community's Traditional River Access

  For centuries, the indigenous people of the Willow Creek Nation have maintained a traditional right to fish for salmon in a specific stretch of the Willow Creek River during the annual salmon run. This right is recognized by national law and treaties, allowing them to continue their cultural practices and subsistence fishing, even though the river flows through both private and public lands.

  This demonstrates a communal or traditional right of fishery. The Willow Creek Nation collectively possesses a legally recognized entitlement to fish in a particular area, a right rooted in their history and culture, and formally protected by law.

• Example 3: Commercial Fishing License in Coastal Waters

  Atlantic Trawlers Inc., a commercial fishing company, obtains a specific license from the national fisheries department. This license grants them the legal authority to harvest a certain quota of cod within a defined zone of the country's coastal waters for a limited season, adhering to strict environmental and catch regulations.

  This exemplifies a commercial right of fishery, which is granted through a government-issued license or permit. The company does not own the water itself, but the government's authorization provides them with the temporary, legal privilege to engage in fishing activities in that specific area, subject to regulatory oversight.