Bees can be classified as 'fish' in California conservation law, court says

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Bees can be classified as 'fish' in California conservation law, court says
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A ruling that California bumblebees can be protected as a type of fish could allow a broad range of insects to be eyed for endangered species status.

In a move that could allow a broad range of insects to be considered for endangered species status, the California Supreme Court found that bumblebees can be protected under the law as a type of fish.

People are also reading… In writing for the court, however, Chief Justice Tani Cantil-Sakauye said that even though the law does not use the word"insects," sections of the law suggest that invertebrates may be grouped under the category of fish. She also suggested that the Legislature"is in a position to make whatever statutory amendments it may regard as necessary or useful" to clarify such ambiguities in the endangered species act.

The California Fish and Game Commission voted to begin the listing process, but several agricultural and pesticide industry interests — including the Almond Alliance of California, the California Association of Pest Control Advisors and the California Building Industry Association — challenged its decision.

However, the agricultural industry has complained that some of the native bees considered for listing by the commission overlap with important agricultural areas where tilling, planting and harvesting activities could expose farmers and their workers to liability if protected bees are killed. The commission argued, however, that a separate section of the state fish and game code defines fish to include"wild fish, mollusk, crustacean, invertebrate, or amphibian."In 2021, the Stanford Environmental Law Clinic intervened on behalf of the petitioners, who appealed.

Whether the highly contested conservation law will ever be reopened for an overhaul by combative stakeholders remains to be seen. First passed in 1970, the California Endangered Species Act was repealed and replaced by an updated version in 1984 and amended in 1997.

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