Inland Fisheries (Seasons and Waters) Amendment Order (No. 2) 2011

Inland Fisheries (Seasons and Waters) Amendment Order (No. 2) 2011

I make the following order under section 197 of the Inland Fisheries Act 1995 .

16 September 2011

BRYAN GREEN

Minister for Primary Industries and Water

1.   Short title

This order may be cited as the Inland Fisheries (Seasons and Waters) Amendment Order (No. 2) 2011 .

2.   Commencement

This order takes effect on the day on which its making is notified in the Gazette.

3.   Principal Order

In this order, the Inland Fisheries (Seasons and Waters) Order 1996 is referred to as the Principal Order.

4.    Clause 4 amended (Taking of acclimatised fish)

Clause 4 of the Principal Order is amended as follows:

(a) by inserting in subclause (1)(f)(i) "from one hour before sunrise to one hour after sunset on any day" after "Lagoon";

(b) by inserting in subclause (1)(f)(ii) "from one hour before sunrise to one hour after sunset on any day" after "Dam";

(c) by inserting the following subparagraph after subparagraph (ii) in subclause (1)(f) :

(iia) Four Springs Lake from one hour before sunrise to one hour after sunset on any day; and

(d) by inserting in subclause (1)(f)(iiia) "from one hour before sunrise to one hour after sunset on any day" after "Lake";

(e) by omitting paragraph (c) from subclause (2) ;

(f) by omitting paragraphs (cb) , (cc) and (e) from subclause (2) .

5.    Clause 5 amended (Taking indigenous fish)

Clause 5 of the Principal Order is amended by omitting paragraphs (a) and (c) and substituting the following paragraphs:

(a) during the periods and at the places specified in clause 4(1) and (2) and at any time in the waters specified in Schedule 1 to the Inland Fisheries (Recreational Fishing) Regulations 2009  –

(i) blackfish (Gadopsis marmoratus);

(ii) freshwater eels (Anguilla australis and Anguilla reinhardtii);

(iii) estuary perch (Macquaria colonorum);

(iv) black bream (Acanthopagrus butcheri);

(c) whitebait between sunrise and sunset and between 1 October and 11 November in the same year –

(i) at the rivers specified in the table in Schedule 1 , landward of the seaward limits of those rivers; and

(ii) in the years specified for those rivers in the table in Schedule 1 ;

6.    Schedule 1 inserted

After clause 8 of the Principal Order , the following Schedule is inserted:

SCHEDULE 1 - Whitebait

Clause 5(c)

Column 1	Column 2	Column 3
Item	Rivers	Years
1.	Black River	2011, 2013, 2015
2.	Brid River	2011, 2013, 2015
3.	Don River	2011, 2013, 2015
4.	Duck River, except 50 metres above and below the water-gauging weir on that river	2011, 2012, 2013, 2014, 2015
5.	Great Forester River	2012, 2014
6.	Henty River	2011, 2012, 2013, 2014, 2015
7.	Huon River	2011, 2012, 2013, 2014, 2015
8.	Inglis River	2012, 2014
9.	Little Forester River	2011, 2013, 2015
10.	Mersey River	2012, 2014
11.	Montagu River	2012, 2014
12.	Pieman River	2011, 2012, 2013, 2014, 2015
13.	River Derwent	2011, 2012, 2013, 2014, 2015
14.	River Forth	2011, 2012, 2013, 2014, 2015
15.	River Leven	2011, 2013, 2015
16.	River Tamar	2011, 2012, 2013, 2014, 2015
17.	Rubicon River, except 50 metres above and below the water-gauging weir on that river	2011, 2012, 2013, 2014, 2015

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

Notified in the Gazette on 28 September 2011

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

EXPLANATORY NOTE

(This note is not part of the order)

This order amends the Inland Fisheries (Seasons and Waters) Order 1996 by –

(a) providing that certain indigenous fish may only be taken during certain periods at certain places; and

(b) effecting minor statute law revision.