Pacific Salmon Unlimited v. New York State Department of Environmental Conservation

*243OPINION OF THE COURT

Casey, J.

When Pacific salmon were initially introduced into Lakes Ontario and Erie, it was believed that the species would not take a lure during their migration within tributaries of the lakes and that the fish were destined to die after spawning. Accordingly, respondent State Department of Environmental Conservation (hereinafter the Department) allowed the practice of snatching* with respect to the salmon. When experience, research and tests demonstrated that this belief was erroneous and that Pacific salmon, in a migrating state, would come to a lure if undisturbed, the…