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According to an Australian environmental law known as the Environmental Protection and Biodiversity Conservation Act (EPBCA), marine species listed as critically endangered, endangered or vulnerable cannot be sold or exported, as they are classified as 'no take' species. However, a legal loophole allows commercially valuable fish species to be classified as 'conservation dependent' instead, making it legal to sell and export specific endangered marine animals.
Currently, 8 species have been categorised as 'conservation dependent'. These include the critically endangered blue warehou and southern bluefin tuna, the endangered and overfished eastern gemfish, the school shark, Harrisson's dogfish, orange roughy, southern dogfish and scalloped hammerheads. These animals are caught for their meat and fins and sometimes as bycatch.
Scalloped hammerheads have been taken from the Great Barrier Reef, which is a protected area with world heritage status. This means that no animals should be caught within the marine park for commercial reasons. However, in 2018, Australia's former environmental minister, Josh Frydenberg, altered reef regulations to ensure that species could be fished within the area.
The legal loophole is deeply problematic for two major reasons. Firstly, it only exists to benefit the economy, as it prevents commercially valuable species from receiving the protection they qualify for. This means that the law's existence is proof that the Australian government values the economy over the environment. Secondly, consumers lack awareness of the law. According to marine biologist and campaign manager, Tooni Mahto, Australian's often assume that the national fishing industry is sustainable and doesn't catch endangered species. However, as we now know, this is not the case.
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