National Parks and Wildlife (Open Seasons) Order 2001 (TAS)

National Parks and Wildlife (Open Seasons) Order 2001

I make the following order under section 35A of the National Parks and Wildlife Act 1970 .12 December 2001

D. E. Llewellyn

Minister for Primary Industries, Water and Environment

PART 1Preliminary1Short titleThis order may be cited as the National Parks and Wildlife (Open Seasons) Order 2001 . 2CommencementThis order takes effect on 1 January 2002. 3Interpretation (1)  In this order, partly protected wildlife has the same meaning as in the Wildlife Regulations 1999 . (2)  The Acts Interpretation Act 1931 applies to the interpretation of this order as if the order were by-laws. (3)  Any period specified in this order and identified by days and dates is inclusive of those days and dates. PART 2Birds4Open season for wild duck (1)  In this order, wild duck means any bird of a species of the family Anatidae that is a form of partly protected wildlife. (2)  In the municipal area of King Island, the open season for wild duck in each year is the period starting on the Saturday nearest 8 March of the year and ending on the Sunday immediately before the first Monday in June of the year. (3)  In any other place, the open season for wild duck in each year is the period starting on the Saturday nearest 8 March of the year and ending on the Sunday nearest 8 June of the year, except where that day immediately precedes the second Monday in June, in which case the period ends on the second Monday in June. (4)  The open season referred to in subclause (3) does not apply to – (a) Lake Crescent; or (b) a stream, swamp or marsh adjoining or draining Lake Crescent. 5Open season for short-tailed shearwater (muttonbird): muttonbird licences (1)  For the holder of a muttonbird licence, the open season for muttonbird in each year is the period starting at 8.00 am on the last Saturday in March of the year and ending on the second Sunday in April of the year. (2)  During the open season, juvenile muttonbirds may be taken from rookeries at – (a) Pilot Bay; and (b) Hannants Bight; and (c) Trumpeter Rock at Cape Sorell; and (d) the King Island group; and (e) the Hunter Island group; and (f) the Furneaux group, other than at Settlement Point, East Kangaroo Island and Big Green Island. 6Open season for short-tailed shearwater (muttonbird): commercial licences (1)  For the holder of a commercial muttonbird operator’s licence or a commercial muttonbird catcher’s licence, the open season for muttonbird in each year is the period starting on 27 March of the year and ending on 30 April of the year. (2)  During the open season, juvenile muttonbirds may be taken from the rookeries specified in the licence. 7Open season for brown quail (1)  The open season for brown quail in each year is the period starting on the Saturday nearest 1 May of the year and ending on the Sunday nearest 1 June of the year. (2)  The open season for brown quail applies only to that part of the State north of an imaginary line drawn from the easternmost point of the town of Swansea, on the east coast, through the westernmost point of the town of Queenstown, to the westernmost point of Macquarie Heads, on the west coast. 8Open season for common pheasant (1)  The open season for common pheasant in each year is the period starting on the Saturday immediately before the second Monday in June of the year and ending on the Sunday immediately before the second Monday in June of the year. (2)  The open season for common pheasant applies only to – (a) adult male pheasant; and (b) the municipal area of King Island. PART 3Mammals9Open season for European fallow deerThe open season for European fallow deer in each year is – (a) in the case of adult male deer, the period starting on the Saturday nearest 1 March of the year and ending on the Sunday nearest 31 March of the year; and (b) in the case of antlerless deer – (i) the period starting on the Saturday nearest 14 March of the year and ending on the Sunday nearest 31 March of the year; and (ii) the period starting on the Saturday nearest 14 May of the year and ending on the Sunday nearest 14 June of the year. 10Open season for wallaby (1)  In this order, wallaby means any mammal of a species of the family Macropodidae that is a form of partly protected wildlife. (2)  In the municipal areas of Flinders Island and King Island the open season for wallaby in each year is the period starting on 1 January of the year and ending on 31 December of the year. (3)  In any other place the open season for wallaby is the period starting on the Saturday nearest 7 April of the year and ending on the Sunday immediately before the Saturday nearest 1 March of the subsequent year.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 December 2001

This order is administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the order) This order determines the open seasons for certain forms of partly protected wildlife.