The role that angling clubs’ bailiffs play in looking after our fisheries is vital. Not least for spotting illegal fishing or pollution issues. But did you know many of them are volunteers?
They’re a unique set of volunteer eyes and ears. Every club or organisation with an agreement for fishing rights with us, must provide adequate bailiffing.
The Environment Agency (EA) or Natural Resources Wales (NRW) employ ‘water bailiffs’ to enforce the Salmon & Freshwater Fisheries Act 1975 as amended (SAFFA) and various other legislation, such as the Eel regulations 2009 and the Keeping and Introduction of Fish regulations 2015, for which is required a KIFR permit.
Water bailiffs carry warrants and have the same powers of arrest as police. They can enter property, check rod licences and arrest people.
There are currently around 70 full time EA bailiffs, and it’s certainly an opportunity for anyone looking for a career in fisheries.
Angling club bailiffs are legally ‘water keepers’. They don’t have any special legal powers. However, they do carry out the authority of their employer (although most are actually volunteers). In this case the fishery owner or angling club to whom they report. The water keeper has the powers to prevent the civil wrong of trespass.
When an angler breaks the fishery rules, eg. uses a bait or method not allowed as part of the permission granted to the permit holder, then this makes the offending angler a trespasser in law. That’s why the wording used by fishery owners and angling clubs on their permits is important - it allows water keepers to check anglers’ permits, tackle and boxes.
Angling club bailiffs are often the first to notice pollution or fish in distress in our waterways. Whether it’s a ‘light diesel rainbow sheen’ or something more serious that’s killed or caused distress to fish, the club bailiffs, like any member of the public, should report the matter immediately to the EA.
Where fish are clearly in distress, contact your local Trust fisheries manager too as it’s also our responsibility to rescue distressed fish on our waterways.
It’s a sad fact of life that there are criminals who fish illegally – perhaps for food or to sell for restocking in return for cash. With the average price of fish for restocking being around £8 per pound, the temptations are self-evident. Vigilant angling club bailiffs report dozens, if not hundreds, of incidents of illegal fixed engines each year. In England, water keepers, again just like the public at large, should report any illegal fishing to the EA on the above numbers.
Catching a fish by rod and line and then taking it away from a Canal & River Trust owned canal or reservoir fishery is theft. If you see someone stealing fish, report it to the police immediately by calling 101.
The most familiar role of angling club bailiffs is to check anglers have paid their annual or day membership fees.
Fishing without proper payment is also theft. Although, most clubs who rent water on our waterways will offer day tickets on the bank at between £3 and £6. You can pay the bailiff in cash.
It’s the dedicated club bailiff who patrols the waterways day in day out, perhaps issuing half a dozen permits on a good day and none on a bad one. As a volunteer, the club bailiff may take a little of the money collected as a contribution towards wear and tear of their vehicle. They do it for the love of their club and of the sport of angling because every little helps when it comes to keeping angling clubs solvent.
An Environment Agency bailiff will always produce a valid warrant. You've the right to inspect it and you also have the right to ask what powers they are working under. Since EA water bailiffs are legally classified as constables, it's an offence to impersonate them. The EA bailiff will never ask to take money from you on the bank, as you must buy your rod licence before you go fishing and you cannot buy it from a patrolling EA bailiff.
Our Waterway Wanderers canal sections are fishable only by buying an annual permit in advance. We don’t issue Waterway Wanderers’ day permits so you'll never be asked for day permit monies. You will be asked to leave and the Trust may pursue a Theft Act offence.
However if an angling club bailiff is impersonated then it's fraud with an intention to take money or fishing tackle. This is false representation and is an offence under the Fraud Act, 2006.
If you are not a club member, angling club bailiffs will ask you to buy a day permit. This is also true if you are fishing from your kayak or boat. When day permits are not available under club rules, then you should never start fishing unless you are a full club member.
If you're not happy with the identification of the bailiff, or if they don’t have any identification on them, then speak to a club official. A genuine club bailiff will happily provide you the contact details of a senior club official, the bogus one will definitely not! If in doubt, never hand over money.
The bailiff may phone the police and request their attendance. However, if you have reasonable doubt about the credentials of the bailiff, then the police officer will understand your position.
Clubs need to make sure their appointed bailiffs/water keeper are issued with appropriate cards with a photo ID and numbering system so if there is doubt then it can be logged and checked with the clubs’ chairman/secretary. If this can be supported by club badged clothing then it adds credibility and authority to the bailiff, which will help to achieve compliance without conflict.
Before appointing a club bailiff/water keeper, the club should check for criminal records, DBS checks, etc. The best bailiffs are those that can keep calm under pressure, manage the situation, take details, read the developing situation and stay safe. While selecting the right candidate with the right characteristics is important, clubs also need to provide support for this demanding role. Knowledge about conflict resolution, health & safety, “the use of force” and taking notes/observations can are all essential skills.
As we discussed earlier, the powers of an angling club bailiff/water keeper are very limited. We recommend all clubs read and embed the principles from The Angling Trust’s Best practice guide for angling club bailiffs.
The new kids on the block are the Voluntary Bailiff Service (VBS) which is being run by the Angling Trust. This great initiative involves club bailiffs supporting the Environment Agency’s own water bailiffs. In the early stages of the roll out, the volunteers are involved in gathering intelligence. In future, selected volunteers will have restricted SAFFA warrants and check rod licences for compliance.
More details on the Voluntary Bailiff Service (VBS) and how to get involved, can be found on the Angling Trusts website.
Last date edited: 12 December 2019