West Headnote of the Day – March 25, 2010

March 25, 2010

West's Key 176 Fish
West's Key 176k12 k. Preservation and Propagation.

As sovereign, state has power to determine when and under what conditions fish running wild may be taken and thus reduced to ownership, but it does not have such property interest in the fish while they are in a wild state sufficient to support a civil action for damages for destruction of those fish which have not been reduced to possession.
State by Stuart v. Dickinson Cheese Co., 200 N.W.2d 59 (N.D. 1972)

176 Fish