This argument was pushed by agricultural organisations who would be impacted by extra regulations for insects. The Almon Alliance of California, the California Farm Bureau Federation, and five other agricultural groups had successfully confirmed that CESA does not protect insects in November 2020.
Now, the appeals court has allowed the Californian Fish and Game Commission to list four bumblebee species as officially βfishβ and therefore legally viable for extra protection – even though theyβre not aquatic.
They were able to do this because Californiaβs fish and game code β the outline in which plants and animals are protected β classifies a βfishβ as a βwild fish, mollusc, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animalsβ. Quite a mouthful, that.
Crucially, the term βinvertebrateβ within this definition is ambiguous enough to argue that bees should be included.
The four bumble species in question had already been classified as endangered, but were only regarded as βland invertebratesβ and not fish in 2018. This meant they werenβt covered by CESA as they were officially only insects. Still with me?
Judges ruled that βalthough the term fish is colloquially and commonly understood to refer to aquatic species, the legal definition is not so limited.β The room for interpretation and inclusion of bees as fish grants new protections that will help population numbers β which have been steadily declining in California due to climate change.
This new ruling will also be a setback for agricultural groups, who likely do not want added measures and restrictions on current agricultural practices. It fundamentally means that, in essence, bees are indeed fish in California. Which is hilarious.
Frogs technically fall under the definition of a fish too, as theyβre classed as βamphibiansβ- which are listed.
Pamela Flick, Californian program director at Defenders of Wildlife, said that it was a βgreat day for Californiaβs bumble beesβ in a statement. Letβs hope the bees β sorry, fish, I think? β are able to recover and boost numbers with these new protections.