Longshore Case Chad A. Jenkins

1. What do you think the court would rule in this case if the “stolen” item was a deer instead

of clams? Why?

A deer is in fact considered a wild animal and belongs to none in their natural state, and the

first person to take possession of the wild animal normally owns it. However, if this deer

was taken illegally by trespassing then they would not be entitled to have possession of a

deer. According to Kentucky laws you must have permission to enter private land.

Landowners are under no obligation to allow hunters to retrieve game from their land

(Hunting Regulations, 2016). Also a person shall not enter upon the lands of another to

shoot, hunt, trap, and fish or for other wildlife-related recreational purposes without the oral

or written permission of the landowner, tenant, or person who has authority to grant

permission. Those who fail to obtain permission are subject to arrest and prosecution

(Hunting Regulations, 2016).

2. Can the owner of the land do anything he wishes with the clams? Why or why not? Cite

reasoning from the case above to explain your answer.

Washington common law states naturally occurring clams on private tidelands are the

exclusive property of the tideland owner. However, even though they are the property of

the tideland owner, he must obey the laws of the State. The Washington Department of

Fish and Wildlife state, “ Private tideland owners and lessees, and members of their

immediate family (grandparents, parents, spouse, siblings, children, and grandchildren)

are exempt from personal use daily limits when taking CLAMS, OYSTERS, and

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Longshore Case Chad A. Jenkins

MUSSELS harvested for their own personal use from their own tidelands. Daily limits

apply for all other shellfish, all other people, and all other beaches. Everyone harvesting

shellfish in excess of the daily limit from private beaches for presumed commercial

purposes needs a shellfish certification from the Department of Health” (Fishing and

Shellfishing, 2016).

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Longshore Case Chad A. Jenkins

ReferencesFishing and Shellfishing. (2016). Retrieved from Washington Department of Fish and Wildlife:

http://wdfw.wa.gov/fishing/shellfish/shellfish_seaweed_rules.html

Hunting Regulations. (2016). Retrieved from Kentucky Department of Fish and Wildlife

Resources: http://fw.ky.gov/Hunt/Pages/Hunting-Regulations.aspx

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