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The bee is a fish under California law, a California court said in a ruling this week.
And in this way the bee must be protected by state regulations on endangered species, court documents show.
In this case, Almond Alliance of California v. Fish and Game CommissionThe California District Court of Appeals of the Third District said that “the question presented here is whether the bee, a terrestrial invertebrate, falls within the definition of a fish,” according to legal documents.
According to judges, the bee is classified as a fish as a liberal interpretation of the word “fish”, as well as the state’s own legislative history, including non-aquatic life.
A dark earth bee (Bombus Terrestris) sits on a flowering mint plant (Mentha x piperita) in Berlin, Germany, on July 23, 2021 (Photo by Frank Hoensch / Getty Images) (Photo by Frank Hoensch / Getty Images)
The judges explained that “although the term fish is colloquial and is usually understood to mean aquatic species”, the law, as it is written, makes the legal “definition of fish… not so limited”, court documents show.
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The court explained that the “Endangered Species Act” has given powers to the Commission for Fish and Game to classify what is and is not an endangered species, court documents show.
And according to the law, the commission is solely responsible for compiling a “list of endangered species and a list of endangered species”. The court also found that the commission’s powers “are not limited to listing only aquatic invertebrates”.
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The state’s own legislative history also supports this “liberal interpretation” of classifying a non-aquatic bee as a “fish”, as under state law the Commission can list all kinds of invertebrates as an endangered or endangered species. “
March 24, 2021, Hesse, Frankfurt / Main: a bee landed on a flower. Photo: Boris Roessler / dpa (Photo by Boris Roessler / picture alliance via Getty Images) (Photo by Boris Roessler / picture alliance via Getty Images)
Prior to 1969, the law defined fish as “wild fish, molluscs or crustaceans, including any part, caviar or ovum”. That same year, the legislature amended a section defining fish to add invertebrates and amphibians.
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This section was changed only once, in 2015, when the state 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. ”
Fish is on sale at a port restaurant near the port of Essaouira on 1 August 2007 in Essaouira, Morocco. (Photo by Chris Jackson / Getty Images) (Photo by Chris Jackson / Getty Images)
“We acknowledge that the scope of the ruling is ambiguous,” the judges added, according to court documents.
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In the end, the court ruled that Judge James P. Argueles of the Sacramento County Supreme Court “made a mistake when [he] came to the opposite conclusion. “
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