The position concerning duck shooting on the WTP is in one respect simple,
but in application, rather complicated. As I understand it, and I stress
this is my understanding only, the position is as follows -
* shooting is prohibited in all areas of the WTP (which is
administered by Melbourne Water) and in the Spit Nature Conservation Reserve
(which is administered by Parks Victoria). Shooting is also prohibited in
the 30 metre strip of Crown Land inland from the high tide mark. Melbourne
Water is responsible for the 30 metre strip of Crown Land above the high
tide mark east of Little River and Parks Victoria is responsible, under a
similar delegated authority, for the 30 metre strip of Crown Land above the
high tide mark west of Little River. Therefore, it is correct to say that
anyone shooting above the high tide mark can be prosecuted either by
Melbourne Water or by Parks Victoria.
* in relation to the area below the high tide mark (to the low tide
mark and into the Bay itself), the position is further complicated:
* shooting from a boat in Corio Bay is prohibited under the Wildlife
Act and these shooters can be prosecuted by the Fisheries & Wildlife
Division of the Department of Primary Industries (DPI);
* shooting is prohibited in the Spit Nature Conservation Reserve,
which incorporates the coastline west of Little River to the boundary of the
Barro Group quarry adjacent to the South Spit, and includes the inter-tidal
mudflat and that part of Corio Bay within the straight line from Kirk Point
to the Barro Group boundary. Shooting in this area can be prosecuted by
Parks Victoria; and
* shooting may be permissable below the high tide mark east of Little
River if the shooter is not shooting from a boat and is shooting out towards
Corio Bay and not back towards the land (an apparent loophole?).
* When you reflect on all of this, it is easy to understand that there
are some practical difficulties -
* you need to define which authority is responsible to conduct the
prosecution. This can depend on where the shooter is in relation to the
high tide mark, which can be problematic, because the high tide mark is
constantly changing (because parts of the coastline shift with the tides).
Having DPI involved may solve this problem;
* once you have worked out where the shooter is and who has
responsibility, how do you obtain the necessary evidence to support the
prosecution. How do you prove in a Court of Law that the shooter was where
you claim he was? I remember one case many years ago that failed on this
point.
* how do you gather the evidence and contact the appropriate authority
in sufficient time to apprehend the offender?
* how do you identify the shooter, when he may be on foot or in an
unmarked boat?
The difficulties aside, there are some important points to be made in
relation to what birders should do if they see someone shooting at the WTP:
1. never confront the person. Fred Smith did this some years ago and
was put in fear of his life when he was threatened with the shotgun;
2. record the following information and call DPI on 13FISH and also
call the Police -
* advise them who you are (name & address) and why you are calling
them (to report illegal shooting);
* number and description of the shooters;
* car registration details (if applicable);
* time and date; and
* details of exactly what you saw (eg "I saw them shoot a Chestnut
Teal etc").
3. if you follow this up later in writing, even better.
John Barkla
179 Victoria Parade
FITZROY VIC 3065
Mobile: 0417 382 966
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