(WJW) – A California court of appeals has ruled that four species of bees are now legally considered fish.
The question was whether the terrestrial bee, a terrestrial invertebrate, falls into the definition of a fish – a section of the list of endangered species and endangered species in the California Endangered Species Act.
The law identifies protected species in separate sections, such as “bird, mammal, fish, amphibian, reptile or plant”.
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It all started in a lawsuit in 2019 between large agricultural groups in the state – such as producers of almonds and citrus fruits – and the California Fish and Game Commission.
The lawsuit explicitly seeks to determine whether the commission exceeded its powers when it identified four terrestrial bees as endangered species – the Crotch bee, the Franklin bee, the Suckley cuckoo bee and the western bee – calling them invertebrates and therefore CESA definitions. for fish.
In previous years, fish were defined as “wild fish, molluscs or crustaceans, including any part, caviar or ova thereof”. But in 2015, the legislature changed the definition to read “”[f]”Ish” means wild fish, molluscs, crustaceans, invertebrates, amphibians or parts, caviar or ova of any of these animals. “
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In their ruling, the courts gave the commission the legal authority to list invertebrates as endangered, even if they are not aquatic animals.
“We then consider whether the commission’s powers are limited to listing only aquatic invertebrates,” the ruling said. “We conclude that the answer is no.” Although the term fish is colloquial and is usually understood to refer to aquatic species, the term art used by the legislature to define fish in section 45 is not so limited.
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