The enforcement of the law relating to salmon and freshwater fishing in Scotland has been greatly facilitated by the passing of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, which received Royal Assent on 1 May and came into force on 1 April 2005. The Act consolidates the previously existing Acts into a single document for ease of reference.
Water bailiffs
Appointed by Scottish Ministers
Bailiffs are appointed by Scottish Ministers (usually where no District Salmon Fishery Board (DSFB) exists to appoint them) to exercise the powers conferred by the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 to prevent the illegal taking of salmon or trout. Powers extend only to the waters in respect of the fishery disctrict within which they are appointed, but not to any adjoining districts.
Before being appointed, candidates must provide the Scottish Executive with a disclosure of unspent criminal history (available on request from the Scottish Criminal Records Office, tel. 0141 585 8495). Water bailiffs who meet the criteria for appointment are issued with a warrant card, the production of which is sufficient authority for the exercise of their powers. All bailiffs have the opportunity to undergo training provided by the Institute of Fisheries Management.
Water bailiffs appointed by Scottish Ministers may:
- examine any dam, fixed engine or obstruction, or any lade, and for that purpose enter on any land;
- stop and search any boat which is used in fishing or any boat which there is reasonable cause to suspect of containing salmon or trout;
- search and examine nets 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 the 1951 Act;
- arrest any person found committing salmon fishery offences.
DSFB bailiffs:
Bailiffs appointed by DSFBs have similar powers of entry, search, seizure and arrest. However, their powers extend to adjoining salmon fishery districts as well as to the one in which they are appointed.
It is an offence for any person to obstruct a water bailiff in the exercise of his powers.
Water wardens
Scottish Ministers may appoint water wardens in order to enforce the provisions of Protection Orders. Again, candidates must provide a disclosure of unspent criminal history and those who meet the criteria for appointment are issued with a warrant card valid. Wardens may enquire of any person as to their legal right or written permission to fish in any waters covered by the Protection Order, and where a warden has reasonable cause to suspect a person does not have legal right or written permission, he may request written evidence to the contrary to be produced within 14 days. A warden has the right to enter any land in the vicinity of waters covered by the Protection Order for the purposes of exercising his powers. It is an offence to wilfully obstruct a warden to exercise the powers conferred upon them.
Police
Due to the limited nature of the powers of a warden, the police have an active role in assisting the enforcement of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003.
Further information on the enforcement powers of water bailiffs and wardens can be found in 'Powers of Water Bailiffs' by Robert Williamson, available from The Stationery Office Bookshop, tel: 0870 606 5566.