bigsteel said:
does the state or oregon own the eggs in a wild native fish?how can they retain a natives eggs for hatchery reproduction?im curious
The long dry answer to the question is yes. The state own the fish and the rest of the wildlife in Oregon. The question was resolved in 1842 by the Supreme Court, seventeen years before Oregon became a state. It's all because of a New Jersey oyster!
'In 1842, the Supreme Court upheld the doctrine of state ownership of wildlife in cases like Martin v. Waddell. In the decision, Chief Justice Roger Taney argued that the state of New Jersey had jurisdiction over oysters in a mudflat claimed as property by the landowner because the interest of the public trust prevailed over that of the individual. The few additional Supreme Court cases to follow that considered the validity of state authority unanimously supported the decision. In 1896, state jurisdiction was expanded in Geer v. Connecticut, which upheld a conviction under state law for possessing game birds with the intent to ship them out of Connecticut. The Court's opinion provided a historical treatise on governmental control while sparking a long and continuing debate about the respective powers of the state and federal governments over wildlife.'
In the summer I set on my place here in Culver and watch the states deer eat my alfalfa. Think I'll send them a bill.
On a funny side note oysters in Oregon are considered private property and belong to the oyster farms. But they lease the area to raise them from the state.
See you on the Crooked tomorrow!