Fishery - Definition - Law Dictionary Home Dictionary Definition fishery

Definition :

Fishery, the right to take fish. Fisheries are either free, common, or several. A free fishery is the exclusive right of fishing in a public river, and is a royal franchise, Common of fishery, or common of piscary, is the right of fishing in another man's water. A several fishery is the exclusive right of fishing in another man's water, and he that has it, according to Blackstone, 'must also be the owner of the soil' (2 Bl. Com. 40). This position of Blackstone, however, has been questioned, and the distinction between the various kinds of fishery is not clear; see Hrg. Co. Litt. 122 a, n. 7; Holford v. Bailey, (1846) 8 QB 1000; 13 ib. 426; Marshall v. Ulleswater Steam navigation Co., (1863) 3 B&S 732; Chesterfield (Earl) v. Harris, (1908) 2 Ch 397; 1911 AC 623; Coulson and Forbes on the Law of Waters; Leake on Uses and Profits of Land. No right can exist in the public to fish in an inland non-tidal lake, O'Neil v. Johnston, (1909) 1 Ir R 237.

The fishing rights of the lord of the manor in enfranchised copyholds are not affected by the (English) Law of Property Act, 1922.

The term is also applied to fishing grounds, or parts of the sea where at certain seasons numbers of fish are taken. The right of frequenting these has frequently been the subject of dispute between nations, and sometimes of treaties. A number of Acts approving or enforcing International Conven-tions have been passed (1818), Newfoundland Fisheries, including France (1904); English Channel Fisheries (1826, 1839, 1867); North Sea Fisheries (1882); Seal Fisheries, see 57 & 58 Vict. c. 2, and succeeding Acts;Whaling, 1934 (24 & 25 Geo. 5, c. 49) For collections of statutes relating to fisheries, see Chitty's Statutes, tits. 'Fish' and 'Fish (Sea),' and Salmon and Freshwater Fisheries Act, 1923, which consolidates and amends the enactments relating to Salmon and Freshwater Fisheries in England and Wales. The powers and duties under all these Acts are now vested in the Ministry of Agriculture and Fisheries by virtue of the Board of Agriculture and Fisheries Act, 1903 (3 Edw. 7, c. 31). A close season for all freshwater fish is prescribed by Part III. Of the act of 1923. See TROUT.

As to cutting through or destroying the dam, flood-gate, or sluice of, or putting lime or noxious materials in, a fishpond or water which is private property, or in which there is a private right of fishery, with intent to take or destroy fish, see Malicious Damage Act, 1861, s. 32; and as to the taking or destroying of fish, see Larceny Act, 1861, ss. 24 and 25; Barnard v. Roberts, (1907) 96 L.T. 648. See AGRICULTURE AND FISHERIES, MINISTRY OF.