April 28, 2011
The sedentary nature of clams and oysters has resulted in statutory and case law that departs from the general rule that an animal found in the wild is owned by no person until it is reduced to possession; this divergence is rooted in the perception that the fixed habitation of clams when imbedded in the soil makes them, in a very material sense, belong with the land.
Washington State Geoduck Harvest Ass’n v. Washington State Dept. of Natural Res., 101 P.3d 891 (Wash. Ct. App. 2004)