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I'd appreciate if those of you who have had bee-kills communicate with me.
Pesticide misuse continues to be a real threat to our pollinators, because 22
years after passage of FIFRA, it is still not being implemented and enforced.
Knowledge is a powerful tool; USE IT. Often the authorities involved do not
know the law. And Extension sometimes aids applicators to circumvent
compliance with label directions!
Following is one case. The NY Attorney General has been asked to ivestigate
whether the DEC agent and his superiors committed malfeasance by providing
false information, and by refusing investigation, and whether Fiegel's civil
rights were violated by such action.
However the Attorney General responds, I'm sure this is the last time this
agent will act as though FIFRA didn't exist.
9-15-94
DEC REFUSES TO INVESTIGATE BEE KILL
A large scale program to stop an army worm infestation in western New York
caused damage to several area beekeepers, who noted that applications in
violation of the label directions were responsible for the damage, but the NY
Department of Environmental Conservation was unwilling to investigate.
The most serious damage was sustained by Bruce Fiegel, of Appleton, NY who
maintains about 1200 hives in the area for crop pollination and honey
production. Bruce had 17 bee yards where damage occurred, affecting over 400
hives. Some 60-70 hives were killed, others lost their honey production, but
he has hopes of their survival. Fiegel estimates 30% loss of his honey crop.
He noted though, that bees were still dying in early September, while the
applications were done in July. The symptoms are classic evidence of a highly
residual pesticide stored away in the hive's pollen reserves.
Fiegel said that NY Department of Environmental Conservation, Region 9
Pesticide Control Specialist Charles Cranston refused to investigate, saying
that the bees were trespassers and that Fiegel should move. "They just blew
me away." Fiegel angrily commented. He said that Cranston told him he would
not investigate unless Fiegel proved that a violation occurred. He also
allegedly told Fiegel that the department had no funds and was no longer
doing bee kill investigations.
Prior to the passage of the Federal Fungicide, Insecticide, and Rodenticide
Act of 1972, bees were regarded as "trespassers" and were afforded no legal
protection. However FIFRA set aside that precedent, and established
protection for bees, as they forage, by specific label directions for each
pesticide. Applicators are responsible for compliance with label directions,
thus must know, prior to application, if bees are foraging in the application
area. Foraging bees have the legal right-of-way according to such directions.
They are not trespassers; they are an environmental resource.
Cranston indicated that he declined to investigate, because Fiegel could not
name the applicators, nor materials involved.
DEC Pesticide Control Specialists are trained in all aspects of pesticides
and pesticide law. In this case, apparently the burden of proof was laid upon
the untrained victim. Fiegel has no legal right of entrance on private
property, no access to applicator records (and might be involved in dangerous
confrontations, if he tried without authority to do so).
Fiegel's livelihood is threatened by this incident, but it has far greater
repercussions in crop pollination losses. All of Fiegel's bees are used each
year for apple pollination, and he is one of about 30 commercial beekeepers
left in New York State, down from about 1500 at one time. At age 40 he is one
of the youngest, as well.
New York requires about 26,000 hives of bees for apple pollination. In
addition to local bees, it is necessary to import migratory bees from South
Carolina and Florida for the apple crop. The bees also pollinate many of New
York's vegetable crops, some under contract, and some as an accidental
benefit while beekeepers are trying to make honey. Studies indicate that
pollination by honeybees is worth hundreds for each dollar's worth of honey
production.
Many beekeepers do not report pesticide damage, because they are afraid of
hostile reactions, and this does sometimes happen in the form of loss of bee
yard leases, vandalism, and even personal threats.
_________________________________________________________
Another beekeeper apparently is negotiating a settlement with an applicator
for part of his losses. DEC has been involved in this case. We'll try to
post info on this, as soon as avaiable. Dave Green, PO Box 1215,
Hemingway, SC 29554
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