Water bailiff

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.

In Scotland, 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.

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.

Any water bailiff:

If any person:

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, 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.

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