Fisheries wardens; application for appointment
Brief description
Persons entitled to fish, fishing leaseholders and fishing cooperatives can apply for the appointment of a person as a fisheries supervisor.Description
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
- to assist in the detection, prevention and elimination of violations of these legal provisions and, if necessary, in their prosecution.
This legislation includes 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.
Fishing wardens may
- at any time verify the identity of persons found on, on or near waters with fishing gear or with fish, demand the handing over of the fishing license and the fishing permit and inspect fishing gear, caught fish and fish storage containers,
- in cases of suspicion and for the prevention of administrative offenses and criminal offenses 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 fisheries warden is submitted by the person entitled to exercise fishing rights despite a request from the authorities, the district administrative authority may appoint a fisheries warden 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 their duties, the fisheries warden is a member of the appointing district administrative authority in the field and may carry out official acts in the defined area of responsibility. This includes the punishment of minor administrative offenses.
Special information for - District of Bad Tölz WolfratshausenTo contact us, please use the button above, which will take you to the relevant office. You can also use the second button to "Order the fisheries warden".
Prerequisites
Fisheries officers must
- be of legal age,
- be reliable,
- be able to fulfill their duties in terms of health and time,
- be the holder of a valid fishing license and
- have sufficient knowledge of their duties and powers, which must be demonstrated by successful participation in an aptitude test.
Deadlines
noneRequired documents
The following documents of the proposed fishing inspector must be attached:
- Certificate of successful completion of the aptitude test for fisheries inspectors 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 inspector
- valid fishing license
- Biometric or comparable passport photo
In case of doubt, the district administrative authority may, at its own discretion, obtain a certificate of good conduct in accordance with Sections 30 and 31 of the Federal Central Criminal Register Act (BZRG).Costs
No costs are incurred by the fisheries supervisor or the applicant authorized fisherman.Legal basis
Procedure
The application must be submitted together with the necessary 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 provisions to the appointment, such as the obligation of the fisheries inspector to participate in suitable further training measures.
The appointed fisheries supervisors receive a badge 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).