Fisheries Warden; Application for Appointment

At the request of those with fishing rights, fishing leaseholders, and fishing cooperatives, individuals proposed by them are appointed as fisheries wardens.

The duties of the fisheries wardens include

• monitoring compliance with legal provisions governing the protection and conservation of fish stocks, the maintenance and safeguarding of their habitats, and the practice of fishing; and
• detecting, preventing, and stopping violations of these legal provisions, as well as assisting in their prosecution where necessary.

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

Fisheries wardens may

• at any time verify the identity of persons found on, at, or near bodies of water with fishing gear or fish, require them to present their fishing license and fishing permit, and inspect any fishing gear, inspect any fishing gear,
• in cases of suspicion and to prevent administrative offenses and criminal offenses within the meaning of Art. 61(1) of the Bavarian Fisheries Act (BayFiG), issue orders to leave the premises, and, if necessary, seize counterfeit, altered, or invalid fishing licenses and fishing permits, as well as fish and other items obtained without authorization.

If those authorized to engage in fishing fail to submit a request for the appointment of a fisheries warden despite an official request, the district administrative authority may, at its discretion, appoint a fisheries warden to the extent that this is necessary in the public interest.

Upon appointment, the local jurisdiction of the fisheries warden is defined. This jurisdiction may extend to districts under the authority of neighboring district administrative authorities.

While performing his or her duties, the fisheries warden is a field officer of the appointing district administrative authority and may carry out official acts within the defined area of jurisdiction. This includes the enforcement of penalties for minor administrative offenses.

Fisheries wardens must

• be of legal age,
• be trustworthy,
• be physically fit and have the time available to perform their duties,
• hold a valid fishing license, and
• have sufficient knowledge of their duties and powers, which must be demonstrated by successfully passing a qualification test.

The application must be submitted, along with the required documents, to the district administrative authority in whose district the fisheries inspector’s area of jurisdiction is located.

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

The district administrative authority may, at its discretion, attach additional conditions to the appointment, such as requiring the fisheries warden to participate in appropriate continuing education programs.

Appointed fisheries inspectors receive an official badge from the district administrative authority. This badge must be worn in a visible manner when performing fisheries inspection duties. They also receive an official ID card on which the control number of the badge and the local jurisdiction are recorded. Furthermore, the service ID card states that its holder is authorized to impose penalties for minor administrative offenses (Section 57(1) of the Administrative Offenses Act (OWiG), Article 60(2) of the Bavarian Fisheries Act (BayFiG)).

• The following documents pertaining to the proposed fisheries inspector must be included:
  
  • Certificate of passing the aptitude test for fisheries wardens pursuant to Section 31(2) of the Ordinance Implementing the Bavarian Fisheries Act (AVBayFiG)
  • for an aptitude test taken before February 1, 2022, Proof of participation in a mandatory refresher course on the amendments to the Bavarian Fisheries Act that took effect on August 1, 2021, in particular the expanded powers of fisheries wardens
  • Valid fishing license
  • a biometric or comparable passport-style photo
• In cases of doubt, the district administrative authority may, at its discretion, request a certificate of good conduct in accordance with Sections 30 and 31 of the Federal Central Register Act (BZRG).