Fisheries wardens; application for appointment

At the request of the fishing rights holders, fishing leaseholders and fishing cooperatives, persons nominated by them are appointed as fishing supervisors.

The duties of the fisheries inspectors include

• monitoring compliance with legal provisions governing the protection and conservation of fish stocks, the maintenance and safeguarding of their livelihoods and the practice of fishing, and
• detecting, preventing and stopping infringements of these legal provisions and, if necessary, assisting in their prosecution.

These legal provisions include not only fishing law, but also the relevant provisions of nature conservation law, water law, animal welfare law, fish disease law, waste disposal law and shipping law.

Fisheries inspectors may

• at any time establish the identity of persons who are found on, on or near waters with fishing gear or fish, demand that they hand over their fishing license and fishing permit and inspect fishing gear, caught fish and fish storage containers,
• in the event of suspicion and for the prevention of administrative offences and criminal offences within the meaning of Art. 61 Para. 1 of the Bavarian Fishing Act (BayFiG), issue bans and, if necessary, seize forged, falsified or invalid fishing licenses and fishing permits as well as fish and other items obtained without authorization.

If no application for the appointment of a fishing inspector is made by the person authorized to fish despite a request from the authorities, the district administrative authority may appoint a fishing inspector at its own discretion if this is necessary in the public interest.

The appointment determines the local area of responsibility of the fisheries inspector. This may extend to the districts of neighboring district administrative authorities.

During the performance of his duties, the fisheries inspector is a member of the appointing district administrative authority in field service and may carry out official acts in the defined area of responsibility. This includes the punishment of minor administrative offenses.

• The following documentation from the proposed fisheries supervisor is mandatory:
  • Certificate of having passed the aptitude test for fisheries supervisors in accordance with Section 31 (2) of the Ordinance on the Implementation of the Bavarian Fisheries Act (AVBayFiG).
  • in the case of an aptitude test taken before February 1, 2022, proof of participation in a mandatory follow-up training course on the amendments to the Bavarian Fisheries Act that came into force on August 1, 2021, in particular the extended powers of the fisheries supervisor
  • valid fishing license
  • biometric or comparable passport photo
• In case of doubt, the district administration authority may, at its own discretion, obtain a certificate of good conduct in accordance with Sections 30 and 31 of the Federal Central Register Act (BZRG).

Fishing wardens must

• be of legal age,
• be reliable,
• be able to fulfill their duties in terms of health and time,
• hold a valid fishing license and
• have sufficient knowledge of their duties and powers, which must be demonstrated by successful participation in an aptitude test.

The application must be submitted together with the required documents to the district administrative authority in whose district the local area of responsibility of the fisheries inspector is located.

If the proposed person meets the requirements for reliability and personal and professional suitability, there is a legal entitlement to the appointment.

The district administrative authority may, at its discretion, attach ancillary conditions to the appointment, such as the obligation of the fisheries inspector to take part in suitable further training measures.

The appointed fisheries wardens receive a badge of office from the district administrative authority. This must be worn visibly when exercising fisheries supervision. They also receive a badge in which the control number of the badge and the local area of responsibility are entered. Furthermore, the badge contains the information that its holder is authorized to punish minor administrative offences (§ 57 Para. 1 of the Administrative Offences Act - OWiG, Art. 60 Para. 2 BayFiG).