Western bumble bee, photo by: Xerces Society / Rich Hatfield
What Happened
A California appeals court has ruled that, under certain circumstances, bees are now legally considered fish and can be protected as such under the state’s endangered species law.
Read more in the full Regulatory Alert.
What to Watch
In the big picture, this cracks open the door for CESA protections for more insects and terrestrial invertebrates, like monarch butterfly. Considering the recent increase in awareness of declines in pollinator populations, we can expect that more insects will be petitioned for CESA and ESA listing in the coming years.
For these four bumble bees, the State’s information-gathering and analysis may take up to 12 to 18 months. Barring any new surprises, the bumble bees should be out of candidate status by early 2024, whether the outcome is that some or all are listed as CESA endangered species, or some or all are not listed and the formal protections are removed.
Implications
Users of insecticides where these species occur will likely be affected, along with developers of projects that impact bumble bee habitat.
Projects within the species’ ranges should consult with a qualified biologist to determine whether suitable habitat is present, and focused surveys of the project area may be needed. If the bees are present, an application for an incidental take permit may be required.
