Walrut, Bernard P. Sharing the fish: Whose fish? UNSPECIFIED.
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The right to fish is regarded in many jurisdictions as a common right unless restrained by statute. However, fish that have escaped from aquaculture and the possibility of patented transgenic fish may now affect that right. In much of the world, animals are divided into two classes, those absolutely owned (domitae naturae) and those the subject of a qualified property right (ferae naturae). Fish have long been regarded as ferae naturae. Fishing is the taking of ferae naturae. A number of developments may affect this right. Some fish may now be the subject of absolute ownership. Limited property rights may subsist in others, even at large. Accordingly, aquaculturists may retain property in some fish at large. The criminal law in some jurisdictions has added another dimension. An animal commonly kept in captivity or tamed is the property of the possessor. If it escapes and another person takes and keeps that animal, knowing that the identity or whereabouts of the owner can be discovered by reasonable enquiry, that person commits an offence. The advent of patented transgenic fish adds a further dimension. Generally, patent laws grant the owner of the patent the exclusive right to use, sell or dispose of a product. This may include a patented animal or an animal with a patented gene. Accordingly, the rights of the patent holder, in some jurisdictions, may prevent a fisher dealing in captured fish. Notwithstanding an allocation, not everything a fisher takes will necessarily be the fisher's to keep or sell.
| Item Type: | Documents |
|---|---|
| Class Number: | 500.SHA014 |
| Keywords: | Property Rights, Access Rights, Catch, Fisheries Management, Fisheries, Fishing Rights, Legislation, Illegal Fishing, Commons, Patents |
| Subjects: | Right to Resources |
| Depositing User: | Chitti Babu ICSF |
| Date Deposited: | 16 Feb 2022 06:15 |
| Last Modified: | 16 Feb 2022 06:15 |
| URI: | http://icsfarchives.net/id/eprint/9242 |
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