HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

California Environmentalists: Bees Are Now Fish

Views:900
@ReasonVids

The state's Endangered Species Act doesn't protect insects, so environmentalists and government officials intent on helping bees had to get creative.
---------
https://reason.com/

For the past few years, government officials and agricultural groups in California have been fighting over the question: Are bees fish?

The California Court of Appeal for the 3rd District ruled on May 31 that, legally, they are.

At the heart of this issue is the state's Endangered Species Act, which prohibits the import, export, possession, purchase, sale, or killing of listed species. Roughly 250 plant and animal species are protected by the California Endangered Species Act (CESA).

In 2018, environmentalists petitioned the California Fish and Game Commission to add four bumblebee species to the list of at-risk plants and animals governed and protected by the CESA. The Commission provided notice in 2019 that the four bumblebee species were candidates for CESA protection.

Birds, mammals, amphibians, reptiles, plants, and fish are categories of endangered species eligible for protection in California, but insects aren't. So how did state officials, at the behest of environmental groups, end up getting those bumblebees added?

By declaring them fish!

Citrus growers, almond producers, and other large agricultural groups in the state that would be affected by the classification quickly filed a lawsuit, but the appeals court agreed with the classification—bees are fish.

So what is a fish? According to the CESA, the word refers to "a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals."

The key word there is invertebrate. Because they don't have backbones, the appeals court ruled that bumblebees could reasonably be designated as fish since the word is considered a "term of art," meaning it has a definition within a specific field that diverges from common usage.

"We certainly agree section 45 is ambiguous as to whether the Legislature intended for the definition of fish to apply to purely aquatic species," the court's decision explains. "A fish, as the term is commonly understood in everyday parlance, of course, lives in aquatic environments." Because a snail (a terrestrial invertebrate) was previously listed under the act "and could have qualified as such only within the definition of fish," the court opted to liberally construe the act and the Legislature's intent when drafting it.

A problem with this reasoning is that it "seriously undercuts the idea that law is supposed to be clear and accessible to ordinary people," notes George Mason University law professor Ilya Somin. The average person has a particular understanding of what the word fish means and, when reading the law, "would be hard-pressed to figure out that harming bees is a no-no."

And yet, any farmer who harms or kills one of these protected bees could be punished with fines or have their pesticide permits rescinded. That could prove problematic since farmers will have to distinguish the four protected types of bees from the 21 other bumblebee species that can be found in California.

The court's ruling might also empower activists to further stretch the legal definitions of the CESA as they try to get more critters protected. The California Fish and Game Commission "may list any invertebrate as an endangered or threatened species" if the invertebrate meets the requirements of the relevant statutes, the court ruled.

Ladybugs, scorpions, moths, butterflies. Maybe someday they can be fish, too.

Editing and graphics by Isaac Reese; additional editing by Danielle Thompson

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
    Thumbnail for The 5 Most Anti-Libertarian TV Shows Ever!3:44
    The 5 Most Anti-Libertarian TV Shows Ever!
    ReasonVids
    965 views
    Thumbnail for Planning to Escape the Civil War | Live From The Lair19:27
    Planning to Escape the Civil War | Live From The Lair
    Terrence Popp
    1664 views
    Thumbnail for Supreme Court Decision Prevents Suppressor Purchase & Possession Bans!!! | Armed Scholar9:45
    Supreme Court Decision Prevents Suppressor Purchase & Possession Bans!!! | Armed Scholar
    invidious
    418 views
    Thumbnail for Jiren (Dragon Ball Super) vs Broly - MUGEN (Gameplay) S2 • E402:30
    Jiren (Dragon Ball Super) vs Broly - MUGEN (Gameplay) S2 • E40
    memology101
    1224 views
    Thumbnail for Trump Axes USAID & Liberal Heads EXPLODE! | The Jimmy Dore Show31:55
    Trump Axes USAID & Liberal Heads EXPLODE! | The Jimmy Dore Show
    invidious
    122 views
    Thumbnail for Maggie has a hidden talent🤫😎 #shorts | Mr.Shorox0:55
    Maggie has a hidden talent🤫😎 #shorts | Mr.Shorox
    invidious
    134 views
    Thumbnail for What Did #ExxonKnew and When Did They Knew It? - Question For Corbett #04819:19
    What Did #ExxonKnew and When Did They Knew It? - Question For Corbett #048
    corbettreport_uo
    1997 views
    Thumbnail for Ukraine Just Did Something UNBELIEVABLE With Homemade MISSILES | The Military Show18:30
    Ukraine Just Did Something UNBELIEVABLE With Homemade MISSILES | The Military Show
    invidious
    101 views
    Thumbnail for Carl Hart: Columbia Professor, Loving Father, Responsible Heroin User1:20:03
    Carl Hart: Columbia Professor, Loving Father, Responsible Heroin User
    ReasonVids
    681 views
    Thumbnail for The Douma Hoax: Anatomy of a False Flag46:47
    The Douma Hoax: Anatomy of a False Flag
    corbettreport_uo
    1974 views
    Thumbnail for Chezz speedrun18:19
    Chezz speedrun
    AbsolutelyIris
    3433 views
    Thumbnail for Judge Andrew Napolitano on Election 2016 and Being a Pro-Life Libertarian33:36
    Judge Andrew Napolitano on Election 2016 and Being a Pro-Life Libertarian
    ReasonVids
    1042 views
    Thumbnail for Irish sport1:00
    Irish sport
    bestofupgoat
    265 views
    Thumbnail for Craig Whitney on Living With Guns: A Liberal's Case for the Second Amendment7:06
    Craig Whitney on Living With Guns: A Liberal's Case for the Second Amendment
    ReasonVids
    890 views
    Thumbnail for THEY DIDNT KISS 😭 || Warrior Nun - Pt.4 | Zen_Von.쩨0:26
    THEY DIDNT KISS 😭 || Warrior Nun - Pt.4 | Zen_Von.쩨
    invidious
    332 views
    Thumbnail for Why Does Elphaba Fly WEST in WICKED?... #shorts | AniBox Facts0:59
    Why Does Elphaba Fly WEST in WICKED?... #shorts | AniBox Facts
    invidious
    140 views
    Thumbnail for Battlefield Earth - Boardroom Scene2:58
    Battlefield Earth - Boardroom Scene
    phditto
    856 views
    Thumbnail for Why is there an overlap between atheists and libertarians?2:40
    Why is there an overlap between atheists and libertarians?
    ReasonVids
    897 views
    Thumbnail for If the tow rope is tied like this, your car will be gone!#tips #car #driving #shortsvideo #skills | 懂车师姐1:00
    If the tow rope is tied like this, your car will be gone!#tips #car #driving #shortsvideo #skills | 懂车师姐
    invidious
    350 views
    Thumbnail for Fox News anchor doesn't realize she's live on air when a guest refuses to admit Joe Biden won the presidency0:24
    Fox News anchor doesn't realize she's live on air when a guest refuses to admit Joe Biden won the presidency
    AOU
    1503 views
    Thumbnail for G.I  Joe   The Movie (1987) Full Movie 4K! | PG Plays Video Games1:33:25
    G.I Joe The Movie (1987) Full Movie 4K! | PG Plays Video Games
    invidious
    397 views
    Thumbnail for Meanwhile in Japan... 1:48
    Meanwhile in Japan...
    bestofvoatxyz
    683 views
    Thumbnail for YLS3 Break it down3:26
    YLS3 Break it down
    MerkinMuffly
    18899 views
    Thumbnail for Mirror: Pannobhasa Mahatera, Q&A #3 (part 1/2) (2021-02-12) 4 views1:24:53
    Mirror: Pannobhasa Mahatera, Q&A #3 (part 1/2) (2021-02-12) 4 views
    SmashTheJourgeoisie
    992 views
    Thumbnail for Dagnabbit!0:15
    Dagnabbit!
    bestofpoal
    1385 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle