In a decision described as “a wonderful day for bees in the state”, the California court ruled that bees are fish.
As the California Third District Court of Appeals judges stated in their decisions, biologically speaking, bees are, of course, not fish. However, the court ruled that bumblebees could be classified as invertebrates and given protection under the California Endangered Species Act.
“The issue presented here is whether the bumblebee, a terrestrial invertebrate, falls within the definition of fish,” said the judges in their summary. Under CESA, “endangered species” can be birds, amphibians, reptiles, mammals or fish. Insects, like bees, cannot be protected according to this definition.
However, the judges said it was “unclear” whether the law’s definition of fish applies only to aquatic species. They even point out that the law already applies to a terrestrial mollusk: “Of course, a fish lives in aquatic environments, as the term is commonly understood in colloquialism. However, as the Department and Commission stated, the technical definition in section 45 of the [California Fish and Hunting Code] includes molluscs, invertebrates, amphibians and crustaceans, all of which include terrestrial and aquatic species. Also, thanks to the language of expression in chapter 2067, the Trinity hairy snail, a terrestrial mollusk and invertebrate, is a threatened species under the Law and only falls under the definition of fish in section 45. that’s how it could be described.”
Court ruled that the Fish and Game Commission had the power to list invertebrates as endangered or threatened species: “We then consider whether the Commission’s mandate is limited to listing aquatic invertebrates only. The answer is ‘no’. We conclude. While the term fish is understood colloquially and generally to refer to aquatic species, the term the Legislature uses in the definition of fish in Chapter 45 is not so limited.”
In short, if the Fish and Hunting Commission says that bumblebees are fish, to give them better protection, they’re considered fish. While the decision is unnecessarily awkward in terms of how fish and bees are generally defined, it has been welcomed by groups and other conservationists seeking protection for insects.
Defenders of Wildlife California Program Director Pamela Flick said in a press release, “It’s a great day for California’s bumblebees.” “It confirms that it applies to native species and is critical to protecting our state’s renowned biodiversity. Bees and other pollinators are an integral part of healthy ecosystems, and the important pollination services they provide serve all of us and make this decision exponentially more important.”
The ruling, which overturned a lower court’s decision, also means that other insect species can be classified as fish to offer the same protection as these bees.
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