Adams

Appellant is a dealer in tropical fish. He appeals from a judgment of the superior court denying him an injunction restraining the California Department of Fish and Game from enforcing statutes and regulations prohibiting the importation and possession of piranha. We affirm the judgment.

Statutory Scheme

Since 1961 the Fish and Game Code has contained a comprehensive scheme limiting the importation of wild animals (including fish) into California. The code (§ 2118) prohibits the importation of specified species without a permit. It delegates to the Fish and Game Commission the responsibility for issuing permits for importation of the designated species and empowers the commission to issue regulations which may include a list of animals for which import permits will be issued and refused (§ § 2120, 2122). The code specifies standards to be followed by the commission in promulgation of regulations and the issuing of import permits (§§ 2123, 2150). Section 2150 of the code provides that a permit to import a species designated by the code may be issued “upon determination that the animal is not detrimental or that no damage or detriment can be caused to agriculture, to…