National Park Zone (II), Flinders Marine Park (Commonwealth waters off north-east Tasmania)

Flinders Marine Park lies off the north-east tip of Tasmania near Flinders Island and extends from the mid-shelf east to the outer limit of the exclusive economic zone. Its no-take National Park Zone totals 15,024 km² in three separate areas: a 101.7 km² inshore shelf block (zone code seflinpz05, where this pin sits in about 129 m of water, roughly 30 km south-east of Flinders Island), a 2,202 km² block further south (seflinpz03) and a 12,721 km² offshore block reaching the EEZ (seflinpz01). The park’s outer-shelf mesophotic reefs at 60–70 m form kilometre-long undercut ledges holding southern rock lobster, jackass morwong, velvet leatherjacket and reef ocean perch. 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). Flinders also contains 10,892 km² of Habitat Protection Zone (IV) and 1,129 km² of Multiple Use Zone (VI), in both of which recreational fishing — and so spearfishing — is allowed, so the zone boundary is what matters here.