In a message dated 99-07-05 19:23:11 EDT, [log in to unmask] (Hasta B.
Shasta) wrote:
<< On the issue of compensation, what are the damage limits to an action in
small claims court in your state? In California, the limit is $5,000,
which would cover the costs should all my bees be killed and their hives
burned. Although I am in sympathy with your oft-repeated demands for
criminal prosecution, the reality of crowded court calendars and the
levels of violent crime make such prosecution unlikely. The advantages
of using small claims court include no legal costs to the plaintiff
beyond filing fees and the cost of giving notice via registered mail.
Most of all, court ordered compensation will discourage further misuse
of pesticides. >>
It seems like a good thought, in theory. In practice, it is extremely
hard to make it work. Beekeepers who experience losses know what it cost them
in lost production, in extra labor, extra feeding, etc. But it is extremely
hard to prove this to the satisfaction of a court of law. Pictures of dead
bees are meaningless to judges. And when the field force is dropped in the
field, you don't even have that.
That is why I have increasingly focused on the violation, not collection
or salvage afterwords. Another good reason is that a citation for a
violation would be extremely helpful in establishing liability, and that is
therefore the first point of action to be taken. I know I get to be a real
annoyance to the enforcement people. But I have, on a few occasions, gotten
some enforcement, simply by dogged assertiveness, sometimes to the point of
almost doing the case for them. The thing that always amazes me is how much
one enforcement action acts as a preventative (for a while). Applicators get
the word out in a hurry, when there is any enforcement going on.
I probably also sound shrill among beekeepers. But for many beekeepers
who do not know the law, it is a revelation that bee kills come from label
violations. Many think that a plane flew over and sprayed their hives. It
doesn't occur to them that the bees are poisoned at the feed source, not at
the hive, and they don't know that the bees have the legal right of way there.
How 'bout an informal poll?
How many beekeepers on this list have suffered losses from pesticide
misuse?
How many have reported the violation?
How many enforcement people actually came and investigated?
How many violators have been cited?
How many beekeepers have tried to collect damages?
How many have succeeded in collecting?
Dave Green SC USA
The Pollination Home Page http://www.pollinator.com
The Pollination Scene http://members.aol.com/pollinator/polpage1.html
Jan's Sweetness and Light Shop on the Internet (honey & beeswax candles)
http://members.aol.com/SweetnessL/sweetlit.htm
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