The Occupation of a Water Baillie/Bailiff

WATER BAILLIE/BAILIFF

In Scotland, under the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003, a modern water bailiff is 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:

•  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 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.

Water bailiffs cannot enforce protection orders made under Section 48 of the Act.

In victorian times, a Water Baillie, would also undertake the opening and closing of the locks on canals, depending where they were based.  My great grandfather, George Patterson was employed as a water baillie on the canals in East Lothian and as well as undertaking most of the aforementioned duties, he also issued out the fishing permits and operated the canal locks.