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Informed Discussion of Beekeeping Issues and Bee Biology

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From:
B Farmer <[log in to unmask]>
Reply To:
Informed Discussion of Beekeeping Issues and Bee Biology <[log in to unmask]>
Date:
Tue, 9 Jul 2013 22:46:19 -0400
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This is my first post to Bee-L.  I usually lurk, because there are very vocal participants who spew volumes of misinformation.  I hesitate to associate myself with such characters, but I feel the need to make sure facts are introduced.

>>When does the beekeeper have the right to dictate the practices of
farmers?

>The beekeeper may not, but society does.  We have a law that pesticide
application should not cause unreasonable adverse effects to the
environment.

This statement is false.  America is NOT a popular fascism, and it is NOT a democracy.  The US Constitution guarantees that all states will have a republican form of government.  Article IV Section 4.  This ensures that society can not dictate practices of others that are within their legal rights.

>I feel that we must have protection of pollinators
written into law.  Then that law would indeed restrict some of the
practices of farmers.

Are you referring to native pollinators, or are you referring to honeybees, which are not native?  They are in different legal classes.  Native pollinators would fall under ownership of the Department of Natural Resources as wildlife.  Honeybees aren't wildlife owned by the state,  but it is a longstanding legal doctrine that beekeepers do not own free-flying bees.  Beekeepers own boxes and the contents of the boxes.  Free-flying bees are owned by God.  

If protections of free-flying bees were written into the law, only the lawful owner of the free-flying bees could bring an action if the bees were harmed.  Since beekeepers do not own the free-flying bees, beekeepers would have no legal standing under the law and the suit would be dismissed.

And just exactly how do you propose to write protections of honeybees into the law, while still being in harmony with the US Constitution and treaties that are the supreme law of the land, and which grant the landowner all rights, privileges, immunities and appurtenances?  Beekeepers are guests, and we operate under privilege, not as a matter of right.  You would have to wipe out a considerable portion of the Constitution, and it would create a new class of farmers whose rights were superior to other farmers.  (Beekeepers are farmers too.)

>We look at the issue from the beekeepers side.

>Let us look at "protection of pollinators". Let's make farmers provide a
pollinator habitat.

Legally, landowners could build a dome or net over their property, to ensure that no pesky bugs bothered their land.  Beekeepers do NOT have a right to bee pasture.  It is by privilege that we are able to financially capitalize from the nectar and pollen from someone's land, without compensation to the landowner.  We have the right to choose where we obtain permission to place bees, or where we choose not to place bees.  Whenever we place bees, we do so at our own risk.

>Instead of protection of pollinators, why not protection of farmers who
seem to be in greater danger than beekeepers.

Actually, the US Constitution and treaties already provide plenty of protection to landowners.

Article. II. Section. 2.
The President...shall have Power, by and with the Advice and Consent of the Senate, to make Treaties,
Article. VI.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Excerpt of a private Treaty authorized by Congress, and signed by the President of the US of A:

NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, and in conformity with the several acts of Congress, in such case made and provided, have Given and Granted, and, by these presents, do give and grant, unto the said XXXXXXXX and to his heirs the said tract above described: To Have and to Hold the same, together with all the rights, privileges, immunities and appurtenances, of whatsoever nature thereto belonging, unto the said XXXXXXXX and to his heirs and assigns forever.

In testimony whereof, I, John Quincy Adams PRESIDENT OF THE UNITED STATES OF AMERICA, have caused these letters to be made Patent, and the seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the thirtieth day of January in the year of our Lord, one thousand eight hundred and twenty eight and of the Independence of the United States the fifty second.
By the President,

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