Date: May 31st, 2022 5:45 PM Author: Microsoft Product Anomalies
We certainly agree section 45 is ambiguous as to whether the Legislature intended
for the definition of fish to apply to purely aquatic species. A fish, as the term is commonly understood in everyday parlance, of course, lives in aquatic environments. As the Department and the Commission note, however, the technical definition in section 45 includes mollusks, invertebrates, amphibians, and crustaceans, all of which encompass
terrestrial and aquatic species.11 Moreover, by virtue of the express language in
section 2067, the Trinity bristle snail -- a terrestrial mollusk and invertebrate -- is a threatened species under the Act and could have qualified as such only within the definition of fish under section 45
Date: May 31st, 2022 5:43 PM Author: Microsoft Product Anomalies
In October 2018, the public interest groups petitioned the Commission to list four species of bumble bee as endangered species: the Crotch bumble bee, the Franklin bumble bee, the Suckley cuckoo bumble bee, and the Western bumble bee (collectively the four bumble bee species).
Date: May 31st, 2022 5:47 PM Author: Microsoft Product Anomalies
We also do not read the Department’s and the Natural Resources Agency’s enrolled bill report regarding Senate Bill 858’s amendment to section 45 as restrictive as petitioners suggest we should read it. The Department and the Natural Resources Agency merely identified examples of invertebrates (i.e., using “such as”). (Dept. Fish & Game and Natural Resources Agency, Enrolled Bill Report on Senate Bill 858, July 24, 1969.) The Department and the Natural Resources Agency included worms in the list of examples, in addition to starfish, sea urchins, and sponges. (Ibid.) The enrolled bill report did not specify or indicate “worms” meant only aquatic worms. (See, e.g., 3 The New Century Dict. of English Language (1927) pp. 2226-2227 [worm defined as, “[i]n popular language, any of numerous, small creeping animals with more or less slender, elongated bodies, and without limbs or with very short ones, including individuals of widely differing kinds, as earthworms, tapeworms, insect larvae, adult forms of some insects, certain small crustaceans and mollusks, certain lizards . . .”]; Webster’s 3d New Internat. Dict. (1981) p. 2636, col. 1 [worm defined to include “earthworm; broadly: an annelid worm” (capitalization omitted), “any of numerous relatively small more or less elongated [usually] naked and soft-bodied animals resembling an earthworm,” and “an insect larva”]; Oxford English Dict. (1933) p. 307, col. 1 [worm defined as “[a] member of the genus Lumbricus; a slender, creeping, naked, limbless animal, usually brown or reddish, with a soft body divided into a series of segments; an earthworm. More widely, any annelid, terrestrial, aquatic, or marine”].)
Date: May 31st, 2022 5:57 PM Author: lascivious business firm
Going to go out on a limb and predict that, in a case between a group of farmers vs. government regulators and an environmental group funded by Disney, Google, and "impact investors" like Jesse Fink...
...the court did what it had to do in order to rule against the farmers.
Date: May 31st, 2022 11:28 PM Author: lascivious business firm
The bigger takeaway is that legislative bodies should not be outsourcing their legislative function to unelected & unaccountable "departments" and "commissions". The ruling bureaucracy is insulated from consequences, therefore unresponsive to the will of the people.