Zombie Species: How Rediscovered Animals & Plants Are Stuck in Legal Limbo (2025)

A fascinating yet controversial legal dilemma has emerged, leaving some 'extinct' species in a state of limbo. Imagine a scenario where a species, once thought to be extinct, is rediscovered, only to find itself caught between life and legal definitions. This is the intriguing story of the Gould's mouse and several plant species, a tale that highlights the complexities of conservation and bureaucracy.

In Australia, a unique situation has arisen where a small native mouse species, Pseudomys gouldii, is officially both extinct and alive. How is this possible? Well, it's all down to a bureaucratic quirk. This species appears on the national threatened species list twice, under two different names: Gould's mouse, deemed extinct over a century ago, and the Djoongari, found in Shark Bay and one mainland reserve.

A genetic study four years ago revealed a shocking truth: these two mice are one and the same. Yet, despite this discovery, they remain registered separately on the national list, with the Djoongari listed as vulnerable and Gould's mouse as extinct. Here's where it gets controversial: under national environment law, extinct species have no legal protection. However, the Djoongari benefits from federal funding and recovery planning due to its original listing as Pseudomys fieldi before its true identity was uncovered.

But not all rediscovered species are so fortunate. Three plant species recently found in Western Australia and Queensland face a zombie-like legal limbo. Even though they are alive, they are officially recorded as extinct at a national level, leaving them without the necessary protection and resources.

Plant conservation ecologist Chantelle Doyle highlights this as a significant legal gap, expressing her amazement that such a situation exists. She questions why, when a species is rediscovered, it doesn't automatically gain threatened status, ensuring it receives the protection and research it deserves. Instead, these species are treated as non-entities, with no legal recognition of their existence.

The situation becomes even more complex when a rediscovered species is also listed as extinct at a state level. Dr. Doyle warns that this could lead to the legal clearance of land, with no checks in place to protect these species. However, she suggests that a few tweaks to federal and state environmental legislation could provide the necessary protection.

The 'Return of the Living Dead' phenomenon is not unique to Australia. Delays in recognizing rediscovered species are also an issue at the New South Wales state level, with potentially dire consequences. For example, the saltbush species Atriplex acutiloba, found in several Australian states, is recorded as extinct in NSW. Despite being rediscovered three times in the past six years, there has been no change to its listing status.

Dr. Doyle and her colleagues propose two solutions to close this legal loophole. Firstly, they suggest that species listed as extinct should be considered threatened and protected. Secondly, they advocate for the adoption of Western Australia's legislation, which immediately lists rediscovered species as threatened, unless the state's environment minister decides otherwise.

The federal government has been approached for comment on whether it 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 consultation on EPBC Act reforms is ongoing, with the final decision resting with the government.

This story raises important questions about the balance between conservation and bureaucracy. How can we ensure that rediscovered species receive the protection they need, and what legal changes are required to achieve this? It's a complex issue, but one that deserves our attention and discussion. What are your thoughts on this matter? Feel free to share your opinions and engage in a thoughtful debate in the comments below.

Zombie Species: How Rediscovered Animals & Plants Are Stuck in Legal Limbo (2025)

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