A fascinating yet controversial legal dilemma has emerged, highlighting the complexities of conservation efforts. Imagine a scenario where species, once thought extinct, are rediscovered, only to find themselves in a bureaucratic limbo. This is the story of 'zombie species' and the legal loophole that has left them in a precarious position.
The Tale of Two Mice: A Legal Conundrum
In Australia, a peculiar situation has arisen with a native mouse species, Pseudomys gouldii. This species has managed to confuse even the government's own records, appearing twice on the threatened species list as two distinct animals. One is known as Gould's mouse, declared extinct over a century ago, while the other, the Djoongari, is found in Shark Bay and a mainland reserve. However, a genetic study revealed a shocking truth: these two mice are, in fact, one and the same.
Despite this revelation, the mice remain listed separately, with the Djoongari considered vulnerable, and Gould's mouse still classified as extinct. Here's where it gets controversial: under Australian law, extinct species have no legal protection. So, while the Djoongari benefits from federal funding and recovery plans due to its original listing, three recently rediscovered plant species in Western Australia and Queensland are not so fortunate.
The Zombie Species: Legally Extinct, Yet Alive
These plants, despite being alive, face a unique challenge. Officially recorded as extinct at a national level, they find themselves in a legal limbo. Plant conservation ecologist Chantelle Doyle describes this as a significant legal gap, one that she finds astonishing.
"You'd assume that when a species is rediscovered, it would automatically be listed as threatened, ensuring protection and resources for research. But that's not the case. These species are essentially non-entities," she explains.
Dr. Doyle, a research associate at the University of New South Wales, warns that the situation could be even more dire if rediscovered species are also listed as extinct at a state level. Land could be cleared or developed without any checks, leaving these species unprotected.
The Return of the Living Dead: A Delayed Recognition
Threatened species can be listed as vulnerable, endangered, critically endangered, or extinct at both the national and state levels. Typically, 'extinct' species that are rediscovered are removed from state extinction lists before the national list. However, there can be a lag in this process, as seen with Gould's mouse and the three plant species.
For example, the Esperance dog weed was taken off Western Australia's extinction list in 2017 but remains on the national list. The same goes for Hymenophyllum whitei, a fern, which was removed from Queensland's extinction list in 2019 and reclassified as critically endangered. Both state governments have now begun looking into updating the national listings for these species.
A third plant, Myriocephalus nudus, a WA herb, was rediscovered in 2022 and is currently being assessed at a state level for an official status change.
Legal Solutions: Closing the Extinction Loophole
Dr. Doyle and her colleagues suggest two solutions to close this legal limbo. First, they propose that species listed as extinct should still be considered threatened and protected. Secondly, they recommend adopting legislation similar to that in Western Australia, where rediscovered species are immediately listed as threatened under conservation laws.
"In WA, a rediscovered species retains its threatened status unless the environment minister decides otherwise," Dr. Doyle explains.
The federal government has been approached for comment on whether they will consider changing national legislation to more swiftly recognize rediscovered species. The response, from the Department of Climate Change, Energy, the Environment, and Water, indicates that consultations on EPBC Act reforms are ongoing, with the final decision resting with the government.
So, what do you think? Should there be a faster process for recognizing rediscovered species? Could this legal limbo have a significant impact on conservation efforts? We'd love to hear your thoughts in the comments!
