Water bailiff
Encyclopedia
A water bailiff is a law enforcement officer responsible for the policing of bodies of water, such as a river
, lake
or coast
. The position has existed in many jurisdictions throughout history.
, under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, water bailiffs are appointed by District Salmon Fishery Boards or the Scottish Government, and are responsible for enforcing laws relating to salmon
and trout
. Although not police officers, they have certain statutory powers of entry, search, seizure and arrest under the Act. It is an offence to obstruct them.
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. If they wish to enter land not in the vicinity of the sea or coast, they must obtain a warrant
from a sheriff or justice of the peace.
Water bailiffs may also:
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.
They may "seize and detain" any person found committing an offence against the Act and deliver such person to a constable
.
Water bailiffs cannot enforce protection orders made under Section 48 of the Act.
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.
Any water bailiff:
If any person:
they commit an offence.
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.
, 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.
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.
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:
This type of warrant is only valid for one week.
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.
, 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.
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.
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. 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.
"The appropriate office of the Agency" means:
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.
.
The offences for which a FPN can be issued are those prescribed for the purpose:
The means by which a FPN shall be paid, and associated provisions, are contained in section 37A of the Salmon and Freshwater Fisheries Act.
The production by a water bailiff or a person appointed by the Secretary of State of evidence of his appointment shall be a sufficient warrant for him exercising the powers conferred on him by the Salmon and Freshwater Fisheries Act.
Some water bailiffs have been issued with stab vests, batons and handcuffs as a workplace safety measure.
A police constable whose services are provided to the Agency under section 25 of the Police Act 1996
shall have all the powers and privileges of a water bailiff.
responsible for enforcing fishing law.
River
A river is a natural watercourse, usually freshwater, flowing towards an ocean, a lake, a sea, or another river. In a few cases, a river simply flows into the ground or dries up completely before reaching another body of water. Small rivers may also be called by several other names, including...
, lake
Lake
A lake is a body of relatively still fresh or salt water of considerable size, localized in a basin, that is surrounded by land. Lakes are inland and not part of the ocean and therefore are distinct from lagoons, and are larger and deeper than ponds. Lakes can be contrasted with rivers or streams,...
or coast
Coast
A coastline or seashore is the area where land meets the sea or ocean. A precise line that can be called a coastline cannot be determined due to the dynamic nature of tides. The term "coastal zone" can be used instead, which is a spatial zone where interaction of the sea and land processes occurs...
. The position has existed in many jurisdictions throughout history.
Scotland
In ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, water bailiffs are appointed by District Salmon Fishery Boards or the Scottish Government, and are responsible for enforcing laws relating to salmon
Salmon
Salmon is the common name for several species of fish in the family Salmonidae. Several other fish in the same family are called trout; the difference is often said to be that salmon migrate and trout are resident, but this distinction does not strictly hold true...
and trout
Trout
Trout is the name for a number of species of freshwater and saltwater fish belonging to the Salmoninae subfamily of the family Salmonidae. Salmon belong to the same family as trout. Most salmon species spend almost all their lives in salt water...
. Although not police officers, they have certain statutory powers of entry, search, seizure and arrest under the Act. It is an offence to obstruct them.
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. If they wish to enter land not in the vicinity of the sea or coast, they must obtain a warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
from a sheriff or justice of the peace.
Water bailiffs may also:
- examine any damDamA dam is a barrier that impounds water or underground streams. Dams generally serve the primary purpose of retaining water, while other structures such as floodgates or levees are used to manage or prevent water flow into specific land regions. Hydropower and pumped-storage hydroelectricity are...
, fixed engine or obstruction, or any lade, and for that purpose enter on any land; - stop and search any boatBoatA boat is a watercraft of any size designed to float or plane, to provide passage across water. Usually this water will be inland or in protected coastal areas. However, boats such as the whaleboat were designed to be operated from a ship in an offshore environment. In naval terms, a boat is a...
which is used in fishingFishingFishing is the activity of trying to catch wild fish. Fish are normally caught in the wild. Techniques for catching fish include hand gathering, spearing, netting, angling and trapping....
or any boat which there is reasonable cause to suspect of containing salmon or trout; - search and examine netsFishing netA fishing net or fishnet is a net that is used for fishing. Fishing nets are meshes usually formed by knotting a relatively thin thread. Modern nets are usually made of artificial polyamides like nylon, although nets of organic polyamides such as wool or silk thread were common until recently and...
or other instruments used in fishing or any basket, pocket or other receptacle capable of carrying fish, which there is reasonable cause to suspect of containing salmon or trout illegally taken; - seize any fish, instrument or article, boat or vehicle liable to be forfeited in pursuance of this Act.
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.
They may "seize and detain" any person found committing an offence against the Act and deliver such person to a constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
.
Water bailiffs cannot enforce protection orders made under Section 48 of the Act.
England and Wales
In EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
, water bailiffs are appointed by the Environment Agency
Environment Agency
The Environment Agency is a British non-departmental public body of the Department for Environment, Food and Rural Affairs and an Assembly Government Sponsored Body of the Welsh Assembly Government that serves England and Wales.-Purpose:...
(referred to as 'the Agency'). They derive their powers from the Salmon and Freshwater Fisheries Act 1975.
Any water bailiff:
- may examine any dam, fishing weir, fishing mill dam, fixed engine or obstruction, or any artificial watercourse, and for that purpose enter on any land,
- may examine any instrument or bait which he has reasonable cause to suspect of having been or being used or likely to be used in taking fish in contravention of the Salmon and Freshwater Fisheries Act or any container which he has reasonable cause to suspect of having been or being used or likely to be used for holding any such instrument, bait or fish,
- may stop and search any boat or other vessel used in fishing in the Agency area or any vessel or vehicle which he has reasonable cause to suspect of containing:
- fish which had been caught in contravention of the Salmon and Freshwater Fisheries Act,
- any such instrument, bait or container as aforesaid,
- may seize any fish and any instrument, vessel, vehicle or other thing liable to be forfeited in pursuance of the Salmon and Freshwater Fisheries Act.
If any person:
- refuses to allow a water bailiff or a person appointed by the Secretary of State for Environment, Food and Rural AffairsSecretary of State for Environment, Food and Rural AffairsThe Secretary of State for Environment, Food and Rural Affairs is a UK cabinet-level position in charge of the Department for Environment, Food and Rural Affairs, and the successor to the positions of Minister of Agriculture, Fisheries and Food and Secretary of State for the Environment, Transport...
to- make any entry, search or examination which he is by this section authorised to make, or to
- seize anything which he is so authorised to seize, or
- resists or obstructs a water bailiff or person so appointed in any such entry, search, examination or seizure,
they commit an offence.
Power to enter lands
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, enter, remain upon and traverse any lands adjoining or near to any waters.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.
Seizure
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 FishmongersWorshipful Company of Fishmongers
The Worshipful Company of Fishmongers is one of the 108 Livery Companies of the City of London, being a guild of the sellers of fish and seafood in the City...
, 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.
Orders and warrants to enter suspected premises
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 peaceJustice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
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.
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:
- enter the premises for the purposes of detecting the offence or the fish, nets or other instruments, at such times of the day or night as are mentioned in the warrant, and
- to seize all illegal nets and other instruments and all salmon, trout, freshwater fish or eels suspected to have been illegally taken that may be found on the premises.
This type of warrant is only valid for one week.
Power to apprehend persons fishing illegally at night
If any person, between the end of the first hour after sunset on any day and the beginning of the last hour before sunrise on the following morning:- takes or kills any fish where the taking or killing constitutes an offence under the Salmon and Freshwater Fisheries Act,
- is found on or near any waters with intent to take or kill any fish where the taking or killing would constitute an offence under that Act,
- has an instrument prohibited by that Act in his possession for the capture of any fish, where the capture would constitute an offence under that Act;
then a water bailiff or a person appointed by the Secretary of State, with any assistants, may "seize" him (in modern-day parlance, "arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
") without warrant and put him as soon as may be into the custody of a police officer.
Power to require production of fishing licences
A water bailiff or other officer of the agency, or any constableConstable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
, 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.
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.
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. 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.
"The appropriate office of the Agency" means:
- in a case where the person requiring the production of the licence or other authority specifies a particular office of the Agency for its production, that office; and
- in any other case, any office of the Agency;
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.
Fixed penalty notices
Where on any occasion a water bailiff or other officer of the 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 noticeFixed Penalty Notice
Fixed penalty notices were introduced in Britain in the 1950s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.In recent years, this has...
.
The offences for which a FPN can be issued are those prescribed for the purpose:
- under the Salmon and Freshwater Fisheries Act 1975,
- under the Salmon Act 1986,
- under or by virtue of regulations or orders made under section 115, 116 or 142 of the Water Resources Act 1991Water Resources Act 1991The Water Resources Act 1991 is an Act of the Parliament of the United Kingdom that regulates water resources, water quality and pollution, and flood defence. Part II of the Act provides the general structure for the management of water resources. Part III then explains the standards expected for...
, or - under section 211(3) of the Water Resources Act 1991, so far as relating to byelaws made by virtue of paragraph 6 of Schedule 25 to that Act.
The means by which a FPN shall be paid, and associated provisions, are contained in section 37A of the Salmon and Freshwater Fisheries Act.
General
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, 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.The production by a water bailiff or a person appointed by the Secretary of State of evidence of his appointment shall be a sufficient warrant for him exercising the powers conferred on him by the Salmon and Freshwater Fisheries Act.
Some water bailiffs have been issued with stab vests, batons and handcuffs as a workplace safety measure.
A police constable whose services are provided to the Agency under section 25 of the Police Act 1996
Police Act 1996
The Police Act 1996 is an Act of the Parliament of the United Kingdom which defined the current police areas, constituted the current police authorities and set out the relationship between the Home Secretary and the territorial police forces. It replaced the Police and Magistrates Courts Act...
shall have all the powers and privileges of a water bailiff.
Isle of Man
The Water Bailiff was a historical officer in the Isle of ManIsle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
responsible for enforcing fishing law.
External links
- Powers of Water Bailiffs, Scottish Government publications
- Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 Part 5 (Powers of Constables and Water Bailiffs)
- Salmon and Freshwater Fisheries Act 1975 Part 5 (Powers of water bailiffs etc.)