Awater bailiff is a law-enforcement officer responsible for the policing of bodies of water, such as rivers, lakes or the coast. The position has existed in many jurisdictions throughout history.
In Scotland, under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, water bailiffs are appointed by District Salmon Fishery Boards[1] or the Scottish Government is responsible for enforcing laws relating to salmon and trout. Although Police officers have not certainly required powers of entry, search, seizure and arrest under the Act, it remains an offence to obstruct them.[2]
Water bailiffs may enter and remain upon land in the vicinity of any river or of the sea coast at any time for the purpose of preventing a breach of the provisions of the Act, or detecting persons guilty of any breach of those provisions.[3] If they wish to enter the vicinity of the sea or coast, they must obtain a warrant from a sherifforjustice of the peace.[4]
Water bailiffs may also:[5]
They may search stationary vehicles if they believe that an offence against any of the provisions of the Act has been committed and that evidence of the commission of the offence is to be found in a vehicle on private land adjoining any water or in a stationary vehicle on a public road adjoining such water or land.[5]
They may "seize and detain" any person found committing an offence against the Act and deliver such person to a constable.[5]
Water bailiffs cannot enforce protection orders made under Section 48 of the Act.[6]
| Environment Agency Fisheries Enforcement Officer Water Bailiff | |
|---|---|
| Agency overview | |
| Legal personality | Non-departmental public body |
| Jurisdictional structure | |
| Operations jurisdiction | United Kingdom |
| Legal jurisdiction | England and Wales |
| Governing body | Department for Environment, Food and Rural Affairs |
| Operational structure | |
| Constables | Salmon and Freshwater Fisheries Act 1975 |
In England and Wales, water bailiffs are appointed by the Environment Agency (referred to as 'the Agency'). They derive their powers from the Salmon and Freshwater Fisheries Act 1975. These water bailiffs have the powers of a constable, under the act.
Any water bailiff:[7]
If any person:[7]
they commit an offence.
Any water bailiff or other officer of the Agency, under a special order (which lasts for a maximum of 12 months) in writing from the authority, and any person appointed by the Secretary of State, under an order in writing from him (which also lasts for a maximum of 12 months), may at all reasonable times, for the purpose of preventing any offence against the Salmon and Freshwater Fisheries Act 1975, enter, remain upon and traverse any lands adjoining or near to any waters.[8] This does not include a dwelling-house or the curtilage of a dwelling-house, or decoys or lands used exclusively for the preservation of wild fowl.[8]
An officer of the Agency, an officer of a market authority (any corporation, local authority, body of trustees or other persons having power to maintain or regulate any market) acting within the area of the jurisdiction of that authority, an officer appointed by the Secretary of State, an officer appointed in writing by the Worshipful Company of Fishmongers, or a police officer may seize any salmon, trout or freshwater fish bought, sold or exposed for sale by, or in the possession for sale of, any person in contravention of the Salmon and Freshwater Fisheries Act.[9]
Where from a statement on oath of a water bailiff or any other officer of the Agency, or any person appointed by the Secretary of State, it appears to any justice of the peace that the person making the statement has good reason to suspect that any offence against the Salmon and Freshwater Fisheries Act is being or is likely to be committed on any land situated on or near to any waters, the justice may by order under his hand authorise him, during a period not exceeding 24 hours to be specified in the order, to enter upon and remain on the land during any hours of the day or night for the purpose of detecting the persons committing the offence.[10]
Any justice of the peace upon an information on oath that there is probable cause to suspect any offence against the Salmon and Freshwater Fisheries Act to have been committed on any premises, or any salmon, trout, freshwater fish or eels to have been illegally taken, or any illegal nets or other instruments to be on any premises, by warrant under his hand and seal may authorise any water bailiff or other officer of the Agency, or any person appointed by the Secretary of State, or any constable, to:[10]
This type of warrant is only valid for one week.[10]
If any person,
then a water bailiff or a person appointed by the Secretary of State, with any assistants, may "seize" him (in modern-day parlance, "arrest") without warrant and put him as soon as may be into the custody of a police officer.[11]
A water bailiff or other officer of the agency, or any constable, may require any person who is fishing, or whom he reasonably suspects of being about to fish or to have within the preceding half-hour fished in any area, to produce his licence or other authority to fish and to state his name and address.[12]
A water bailiff or other officer of the Agency who on any occasion finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence (see below), may require that person to state his name and address.[12]
A person holding a fishing licence for any area may, on production of his licence, require any person who is fishing in that area to produce his licence or other authority to fish and to state his name and address.[12] If any person required to produce his fishing licence or other authority or to state his name and address fails to do so, he shall be guilty of an offence; but if within seven days after the production of his licence was so required he produces the licence or other authority at the appropriate office of the Agency he shall not be convicted of an offence under this section for failing to produce it.[12] This law has since been changed.
"The appropriate office of the Agency" means:[12]
and for the purposes of that subsection where a licence or other authority which any person has been required to produce is sent by post to an office of the Agency that licence or other authority shall be treated as produced by that person at that office.[12]
Where on any occasion a water bailiff or other officer of the Environment Agency finds a person who he has reason to believe is committing, or has on that occasion committed, a fixed penalty offence, he may give to that person a fixed penalty notice.[13] The offences for which a FPN can be issued are those prescribed for the purpose:[13]
The means by which a FPN shall be paid, and associated provisions, are contained in section 37A of the Salmon and Freshwater Fisheries Act.
A water bailiff and a person appointed by the Secretary of State shall be deemed to be a constable for the purpose of the enforcement of the Salmon and Freshwater Fisheries Act 1975, or any order or byelaw under it, and to have all the same powers and privileges, and be subject to the same liabilities as a constable duly appointed has, or is subject to by virtue of the common law, or of any statute.[14]
The production by a water bailiff, or a person appointed by the Secretary of State, of evidence of his appointment (e.g. a warrant card/ID card) shall be a sufficient warrant for him exercising the powers conferred on him by the Salmon and Freshwater Fisheries Act 1975.[14]
Water bailiffs (sometimes called "fisheries officers" or "fisheries enforcement officers")[15] are generally uniformed.[16]
This uniform consists of:
The uniform is identified by "Environment Agency" and "Fisheries Officer" patches.[17]
Some water bailiffs have been issued with stab vests, expandable batons and handcuffs as a workplace safety measure.[18] Some wear Airwave radios, which can communicate with other emergency services. Most uniforms also include an identification number (usually a combination of letters and numbers), similar to a police collar number.[16] They may carry other useful equipment, such as radios, torches and pens.[19]
A police constable whose services are provided to the Environment Agency under section 25 of the Police Act 1996 shall have all the powers and privileges of a water bailiff.[14]
Volunteer water bailiffs (VWB) have been used increasingly by the Environment Agency.[20] They generally do not have powers of a constable, or the same duties as a fisheries officer/water bailiff, at least initially.[20]
However, there are opportunities for the VWBs to become warranted.[20][21]
The GOV.UK blog website said:
Volunteers that have demonstrated a strong commitment to the scheme and have the necessary skills, can apply to progress to the second phase. If successful – and following more specialised training in conflict resolution and using legal powers – they will be issued with a warrant and the equipment to check rod licences.
Phase 1 volunteers are unwarranted, 'eyes and ears' bailiffs. Phase 2 volunteers are warranted bailiffs, with powers.[21]
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The water bailiff was a historical officer in the Isle of Man responsible for enforcing fishing law.
