National Park Zone (II), Beagle Marine Park (Commonwealth waters, eastern Bass Strait)

The 479 km² no-take core of Beagle Marine Park, the Commonwealth marine park in eastern Bass Strait that surrounds Tasmania’s Kent Group and the Hogan and Curtis island groups. The zone sits over relict coastal-dune mesophotic reefs rising 2–5 m off the seabed in 46–77 m of water — a rare hard-bottom habitat in Bass Strait carrying sponge gardens and dense fish assemblages of butterfly perch, barber perch, jackass morwong and rosy wrasse, with winter aggregations of hundreds of Port Jackson sharks recorded in 2018 and 2024. 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 remaining 2,448 km² of the park is a Multiple Use Zone (VI) in which recreational fishing, and so spearfishing, is allowed. The park expressly excludes the coastal waters of Tasmania and Victoria, so the separate Tasmanian rules for the Kent Group Marine Nature Reserve apply inside that ring and not this plan.