Has California Just Declared A Fish To Be "Official State Crustacean"?

Allen Matkins
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Allen Matkins

California is a biologically confused state.  Section 45 of the California Fish & Game Code defines "fish" to mean a "wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals".   Most people would not regard fish to include snails, crabs, or frogs, but the California legislature has determined otherwise. 

In 2022, the Third District Court of Appeal took this very expansive definition one step further by concluding that bumblebees and other terrestrial invertebrates were "fish".  Almond All. of California v. Fish & Game Com., 294 Cal. Rptr. 3d 603 (Ct. App.), review denied (Sept. 21, 2022), republished with additional material at Almond All. of California v. Fish & Game Comm'n, 79 Cal. App. 5th 337, 299 Cal. Rptr. 3d 9 (2022), review denied (Sept. 21, 2022).  See California Court Declares A Bumblebee To Be A Fish.

Now, California has enacted a law, AB 1797, which simply declares "The Dungeness crab (Metacarcinus magister) is the official state crustacean."  That means it is also the official state fish because California already has defined "fish" to include crustaceans.  Yet, California already has an official state marine fish - the Garibaldi (Hypsypops rubicundus).  Cal. Gov't Code § 425.6.   Matters become even more confusing because Governor Newsom also signed AB 2504 which designates the shell of the black abalone, Haliotis cracherodii, as the official state seashell.  However, the black abalone is a type of mollusk and therefor also a "fish".

California is not lacking in official emblems.  According to the Senate Floor Analysis of AB  1797, California has 44 other state symbols.  This same analysis points out that it has been estimated that each bill costs taxpayers "in the neighborhood of $30,000".  One might be forgiven for asking about the value proposition in making various animate and inanimate objects "official" state emblems.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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