piscary

were rights of common of pasturage, estovers, turbary, pannage, piscary and

Thus, the customary rotational grazing system became a "right of common in pasture"; the right to feed pigs on acorns became a "right of pannage"; the custom of taking wood became "estovers"; the customary fishing hole became a "common piscary." (70) Custom was transformed into a series of "incorporeal hereditaments"--inheritable, intangible property such as profits a' prendre.

Swift, Piscary Profit and Habitat Protection, 69 U.

Swift, The Indian Treaty Piscary Profit and Habitat Protection in the Pacific Northwest: A Property Rights Approach, 69 U.

Swift, The Indian Piscary Profit and Habitat Protection in the Pacific Northwest.

(320) See Piscary Profit, supra note 228, at 463-67 (discussing cases involving the effect of the treaty fishing right on dam construction and operations); id.

Swift, The Indian Piscary Profit: Treaty Fishing Rights and Environmental Protection in the Pacific Northwest (unpublished draft paper, on file with authors).