Who owns the douglaston salmon run

Doug Barclay is a direct, seventh-generation descendant of Colonel Price who, along with other family members, designed Douglaston Salmon Run to be a world class fishery where guests can enjoy the ultimate fishing experience in the company of like-minded sportsmen.

They especially advocate sound environmental practices in fisheries, farming, forestry, and natural resources management. Home About Contact My Account. Get on Our Mailing List. Fishing Report. Weather and Water. King , 35 N. Defendants, instead, urge a definitive landmark ruling from this Court, through the instrumentality of this case, that New York State has abandoned the common law property distinction between rivers navigable-in-fact and those navigable-in-law.

As a result, they claim a public right of fishery in all "navigable" waters. This is not so and is too simplistic an approach, which would precipitate serious destabilizing effects on property ownership principles and precedents. In support of their proposition which defendants acknowledge is of first impression character, they draw on language in Smith v.

City of Rochester 92 N. The ratio decidendi of that case, however, does not support the destabilizing conclusion defendants promote from the dictum. The Court, in the portion of the discussion isolated by defendants, merely references adaptations of the common law rule as to bodies of water such as the Hudson and Mohawk Rivers and sizeable freshwater lakes id.

Loomis , 33 N. Turney , N. City of Canandaigua , N. The holding of the Smith case, however, is that the public right of navigation reserved to the State did not encompass the right to draw water from a lake to the detriment of riparian owners along an outlet creek Smith v.

City of Rochester , supra , 92 N. A fortiori , and also overlooked by defendants, is another key ingredient and observation of the Court in Smith that "the preponderance of judicial authority in the State favors the application of the common-law rule to the navigable waters of this State.

These decisions show a course of authority extending from an early period of our history to the most recent times, and although they do not constitute an unbroken chain, yet they are fortified by a wealth of learning, reason and illustration that render them irresistible as authority" id. Importantly, New York State, as the original grantor of the Macomb Patent directly descending to the title involved in this case, has long respected private fishing rights in navigable-in-fact rivers and has even been engaged in purchasing precisely such rights for public benefit see, Opns.

We see no reason in this circumstance to curtail the State's general authority to convey property and property rights, nor to countenance the view that the State has been expending public monies unnecessarily on rights, according to defendants' theory, the State already irrevocably holds in public trust. Indeed, when pursuant to this Court's precedents, the State, "the plaintiffs, and perhaps others, have since possessed and enjoyed rights of property under the protection of its authority, [] it would require a much plainer demonstration than can be made of the point involved, to justify this court in overruling [them]" Trustees of Brookhaven v Strong , supra , 60 N.

We similarly reject defendants' unsettling theory. Next, though the guides concede Douglaston's ownership of the riverbed and associated property as successors in title from the Macomb Patent, they assert that the conveyance neither expressly granted exclusive fishing rights nor relinquished the public right of fishery.

This argument also fails to overcome settled law and principles. The Macomb Patent describes the transfer of certain real property from the State to Douglaston's predecessor in interest. It encompasses the disputed portion of the Salmon River bank and bed "[t]ogether with all and singular Rights, Hereditaments and Appurtenances to the same belonging or in anywise appertaining: Excepting and Reserving to ourselves, all Gold and Silver Mines, and five acres of every Hundred Acres of the said Tract of Land for Highways.

Strong , supra , 60 N. Moreover, the State's reservation of designated mineral rights and specific public rights of way, without reserving to the public a right of fishery, additionally supports our analysis and conclusion that Douglaston enjoys a duly conveyed exclusive right of fishery see, Blackman v Striker , N.

Further, these fish were often netted or speared and used for fertilizer. Lawrence Basin has been chiefly and primarily the erection of obstructions in all of the rivers, which have prevented the salmon from reaching their spawning grounds, and so natural reproduction has been absolutely inhibited. Claire and shortly after in all Five Great Lakes!!! Early s: Asian Carp escaped into Mississippi River from southern aquaculture facilities in the when the facilities were flooded.

They continue to travel thru the Illinois River enroute to the Great Lakes. They are found in the upper river and particularly the Upper Fly Zone all summer. Spring Some nice fish were taken but the numbers were less than the previous two springs. This was probably due to the low water flow and cold water temps this year. The Spring Lake fishery does indicate a large population. Home About Contact My Account. Get on Our Mailing List. The 2. The reason it's such a prime fishing stretch is that it's the first part of the river spawning trout and salmon hit when coming off Lake Ontario.

In addition to the family-owned land, land including more than 6, feet of riverfront has been leased for the past 27 years from two property owners.

Both leases, which have been renewed several times through the years, will expire in late August. The Greggs own about 5, feet of riverfront downstream of the Barkley property, mostly on the north side. The Joss brothers' property includes about feet of shoreline on the upstream side. Furnia would also not offer any specifics, other than saying that the situation has evolved over the years and that personalities are involved to some degree.

He did say at this point his clients have no aspirations of selling.