Powers of inspectors and law enforcement officers
Volunteers from an angling club or from the Sportvisunie (Dutch Angling Association) check recreational anglers for compliance with rules and documentation. A club inspector does not have investigative powers and may not issue fines. The police and special enforcement officers (BOAs) do have the authority to issue fines.
What may a club inspector do?
The powers of a club inspector arise from two sources:
- association law (statutes and internal regulations)
- the conditions of the permission or permit for the water
Association law
As a member of an angling club you commit to the statutes and the internal regulations. Those rules stipulate that you must cooperate with inspections by angling inspectors. As a member you must therefore show your documents and cooperate with an inspection.
Conditions of the permission (permit)
The Joint List of Dutch Fishing Waters states on page 3 that an angler must make the VISpas and the list(s) of waters available for inspection by inspectors, police and other law enforcement officers. That obligation is often also included in the permission for waters that are not listed in the Joint List.
What may inspectors do?
Inspectors act on behalf of their club or on behalf of the Sportvisunie. Their area of operation is limited to the club’s own waters or the waters for which the Sportvisunie holds fishing rights, unless agreed otherwise with other rights holders.
As private citizens, inspectors do not have investigative powers. They may however:
- ask questions and record information
- check documents
- as representatives of the club, take documents away in case of a breach
The VISpas and associated list(s) of waters remain the property of the issuing club. If you, as an inspector, take documents, hand those documents immediately to the board of the club of which the angler is a member. Also report why you took the documents. The board then decides on any sanctions and the return of the documents.
Tip for inspectors
Suspect someone of breaking the rules? First ask for the documents and keep hold of them until you are sure of your suspicions. An angler is less likely to hand over documents voluntarily if they know you will keep them.
Be cautious about recording personal data. Consider the GDPR. Under conditions, as an inspector you have a legitimate interest to note and retain certain data. Handle the data carefully, do not share it with third parties and destroy it after a fixed retention period, for example after three years.
-> More information about the 'Sport Fishing Inspection Course' from Sportvisunie
Powers of law enforcement officers (police and BOAs)
Besides the police there are special enforcement officers (BOAs). BOAs can be employed by municipalities, government agencies or private organisations such as Natuurmonumenten. Some angling clubs and the Sportvisunie also employ BOAs.
A BOA has the authority to investigate criminal offences pursuant to art. 142 of the Code of Criminal Procedure. That also includes the power to issue fines.
When may law enforcement officers request documents?
Normally, a law enforcement officer will only request documents if there is a reasonable suspicion of involvement in a criminal offence. The Fisheries Act 1963, however, grants law enforcement officers specific powers regarding fishers. Article 55 of the Fisheries Act 1963 requires a fisher, on first request of a law enforcement officer, to:
- allow the officer to board the vessel;
- make required documents available for inspection;
- haul up any deployed fishing gear*;
- open closed fish traps*;
- otherwise provide the requested cooperation.
Failure to comply with these obligations is a criminal offence. There is a factual code for not showing certain documents (H 647 a, b or c), depending on the document.
*A law enforcement officer may himself haul up fishing gear and open fish traps.
Article 60 of the Fisheries Act 1963 gives police officers access to any place insofar as that is necessary for their duties. Note: entering a dwelling usually requires a written warrant or the presence of a (deputy) public prosecutor. BOAs have comparable access under article 20 of the Economic Offences Act. For BOAs, an "instruction" is often required to exercise that power.
Article 61 grants law enforcement officers the authority to stop and examine means of transport. Article 62 states that seizure is also possible outside the immediate vicinity of the offence.
Seizure versus taking in (confiscation by an association)
The police and BOAs may not take possession of the VISpas in the capacity of the property owner (that is the issuing club). However, they may seize goods if they are connected to a criminal offence. This can include:
- the VISpas and associated lists
- caught fish
- rods and other fishing gear
When seizing items, the officer draws up an official report. The Public Prosecutor then decides on the return of the items. Often the officer first asks whether the person will voluntarily relinquish the items. If the person refuses, the items will be seized and a fine may follow.
If the Public Prosecutor returns the items, send the VISpas and lists to the issuing club. The VISpas remains the property of that club. A club that receives a returned VISpas should call the member to account.
The police do not always disclose the reason for a seizure, due to privacy rules.
Supervisory officers
The General Administrative Law Act (Awb) governs supervision. Supervisory officers carry out that supervision. A supervisory officer receives their powers on the basis of a statutory designation.
Supervisory officers have broad powers set out in the Awb. For example:
- article 5:16 Awb: to demand information
- article 5:17 Awb: to demand inspection of business records and documents
- article 5:20 Awb: obligation to cooperate within a reasonable period
Supervision is separate from criminal law. For supervision of compliance with the Fisheries Act 1963, officials of the Netherlands Food and Consumer Product Safety Authority and officials of the tax authorities designated on behalf of Customs are among those appointed.
For specific supervision of recreational fixed gillnets along the coast and the take-home limits for sea bass and cod, several municipalities appointed officials as supervisory officers. The designation is contained in the "Decree Designating Supervisors under the Fisheries Act 1963".
