BY GRAHAM MAJOR
The Environment Agency was created on the 1st April 1996, with a remit to protect and enhance the environment, with one of its roles being to regulate the pastime of angling. To this end, the Agency has a team of Water Bailiffs who are appointed to the office of Constable under Section 36 of the Salmon and Freshwater Fisheries Act, 1975. This gives them the same powers and privileges, and they are 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.
Section 36 Provisions supplementary to Sections 31 to 35
(1) A Water Bailiff and a person appointed by the Minister shall be deemed to be a Constable for the purpose of the enforcement of this 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.
(2) The production by a Water Bailiff or a person appointed by the Minister of evidence of his appointment shall be a sufficient warrant for him exercising the powers conferred on him by this Act.
(3) A Police Constable whose services are provided under paragraph 39(1)(c) of Schedule 3 below shall have all the powers and privileges of a Water Bailiff.
Their powers allow them to not only conduct rod licence checks, but they can enter lands and conduct searches and seize property. Many of their operations are intelligence led.
Since 2013, Officers in Wales have been under the control of Natural Resources Wales, which took over the responsibilities of the former Environment Agency Wales.
As of 2016, but maybe as early as 2010, they have been known as Fisheries Enforcement Officers.
An example of the work of these Officers can be seen in 2017, when an angler without a licence gave false details to an Environment Agency Bailiff and was arrested. He then failed to appear in court, was arrested and fined, including a sum of £120 for obstructing a Bailiff. In 2023, another angler was fined a total of £751 for fishing without a licence and giving false details.
During the course of 2023, Bailiffs conducted 33,684 licence checks, creating 1,638 offence reports leading to 739 prosecutions which led to £61,157 in fines being levied.
Uniform comprises green cargo trousers, green t-shirt/wicking shirt, green jacket and baseball cap. A number of Officers are issued with stab vests, batons, handcuffs, body-worn cameras and Airwave radios allowing them to connect with other emergency services. They also carry a warrant card confirming their powers as Constables.
The Agency currently (2024) employs sixty Officers as follows:
The Agency also has twenty other warranted Officers who primarily work on other fisheries activities but also can conduct enforcement duties.
Sources
- Header photograph by "Train Photos" on flickr, https://creativecommons.org/licenses/by-sa/2.0/. Black and white and resized