National Park Zone (II), Franklin Marine Park (Commonwealth waters off north-west Tasmania)

The 123 km² no-take National Park Zone of Franklin Marine Park, the small Commonwealth marine park lying west of the north-western corner of Tasmania in water of 49–116 m and exposed to the full westerly swell. The park’s north-east corner holds a complex volcanic mesophotic reef whose shallowest crest at about 35 m carries Ecklonia radiata kelp forest — a habitat found in only two parks of the whole South-east Network — while its southern end is low-profile limestone pavement in 80–90 m. It is a core foraging area for the endangered Tasmanian shy albatross breeding on nearby Albatross Island. Prescription 4.3.6.3 of the Environment Protection and Biodiversity Conservation (South-east Marine Parks Network Management Plan) Instrument 2025 (F2025L00100, in force 13 February 2025) reads: “Recreational fishing may be carried out in all zones except the Special Purpose Zone (VI), National Park Zone (II) and Sanctuary Zone (Ia).” The plan’s glossary defines recreational fishing as “Taking marine species, including shells, not for commercial purposes and that is not commercial fishing”, which plainly covers spearfishing, and the plan’s Table 4.8 (“Summary of prescriptions for recreational use (including fishing) activities in the South-east Network”) marks “Recreational fishing” with a cross in the National Park Zone (II) column (“Activity is not allowed”). Because section 354(1)(a) of the EPBC Act forbids taking a member of a native species in a Commonwealth reserve except in accordance with a management plan, and section 354A(8) makes accordance with the plan the only exception to the section 354A(1) offence, spearfishing in this zone is a criminal offence punishable by up to 2 years’ imprisonment or 1,000 penalty units. Fishing gear must be kept stowed and secured while transiting the zone (prescription 4.3.6.5). The other 548 km² of the park is a Multiple Use Zone (VI) where recreational fishing is allowed.