National Park Zone (II), Tasman Fracture Marine Park (Commonwealth waters off south-west Tasmania)

Tasman Fracture Marine Park runs from the outer limit of Tasmanian coastal waters off the south-west coast south to the edge of the exclusive economic zone, over depths from 60 m to 5,559 m. Its no-take National Park Zone totals 22,536 km² in two separate areas: a 1,223 km² shelf and upper-slope block immediately outside state waters (zone code setasnpz01, where this pin sits in about 163 m of water, the only part a boat-based spearfisher could plausibly reach) and a 21,313 km² block running south to the EEZ over the fracture zone itself (setasnpz02). 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 19,965 km² of the park is a Multiple Use Zone (VI) where recreational fishing is allowed.