[1] In Roman law, occupatio was an original method of acquiring ownership of un-owned property (res nullius) by occupying with intent to own.
In original acquisition, the new owner is first person to take ownership (i.e. acquire) of the ownerless thing (res nullius).
This is because poaching and other forms of theft are a criminal offence for the taking of wild animals without an owner's consent, such as Part III of the Deer Scotland Act 1996.
[9] Additionally, the criminal courts of Scotland also have a general power under the Proceeds of Crime Act 2002 to order the forfeiture and sale of the captured wild animal.
[10] Wild Salmon fish belong to the Crown and therefore form part of the inter regalia, so are excluded from acquisition by occupatio.