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From:
James Fischer <[log in to unmask]>
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Date:
Thu, 15 Nov 2007 17:19:44 -0500
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> Has any other US state or territory attempted total eradication?

You've clearly never heard of the "Citrus Canker Eradication Program" 
in Florida:
http://www.doacs.state.fl.us/pi/canker/pdf/cankerflorida.pdf
http://www.doacs.state.fl.us/pi/canker/

...which suspended the Bill Of Rights and imposed a form of 
"martial law" in Florida. Mere possession of a citrus tree 
within 1900 feet of any detection of citrus canker was 
cause for the state to:

a) Enter and search your property without a warrant and
   without any prior notice

b) Seize and destroy any citrus trees they might find,
   also without any warrant or due process

c) Arrest anyone who attempted to prevent or slow this process
   in the least, including arrests for simply asking them to
   not destroy the remainder of one's garden when cutting down
   and cutting up a valuable and pleasant citrus tree.

d) These "police powers", in direct conflict with several
   major Constitutionally-granted rights, were often wielded
   by mere commercial tree-pruning employees, some who spoke
   no English working in areas where English was commonly 
   spoken, and others who spoke no Spanish working in areas 
   where Spanish was the more commonly-encountered language.

So, these guys with chainsaws break down your locked gate,
shoot your dog, who merely puts up a ruckus when confronted
with strangers, start cutting down your tree(s), and call in
the Sheriff's deputy to arrest you when you object to the
cutting down of a tree in a manner that has branches falling
into your pool, and both tree hunks and muddy boots smashing
your prize petunias.

If you did NOT have a citrus tree, they merely break down your
gate and shoot your dog, and arrest you for daring to object
to any of that.  And you pay a fine or do time.

And all to "eradicate" a "disease" that merely makes citrus
LOOK less attractive, a minor issue in a state where the
overwhelming majority of citrus are turned into juice.

But the hurricanes blew the fungus everywhere, thereby
making everyone realize that they needed "control"
rather than eradication:
http://www.doacs.state.fl.us/press/2006/01112006_2.html 

> Is this legal? 

An astute question!  Sadly, under the banner of "public
health", none of us have any tangible rights.  People 
have been incarcerated when they had drug-resistant TB,
and refused to stay on the "take your medication every
day under the watchful eye of a nurse" program.

Now bee health is not exactly as mission-critical as 
human health, so one would wonder just how draconian
the state (and USDA) might get.  But then you remember
citrus canker, and abandon all hope.

> Can the USDA command us to surrender our hives in an 
> effort to eradicate the mites? What authority gives 
> them this power?

No, the state would, by passing a law giving the state 
Ag folks the actual power.  The USDA would merely
provide "support" to the state Ag people, and run the
overall program.

> Is this even viable? 

Oh, I'd say it was "perfectly possible", if I could get 
a trip to Hawaii out of the deal.  :)

On the other hand, I'd also be able to offer compelling 
arguments that it is not just "Mission Impossible", but
"Mission Ridiculous", once again, if I got a nice trip
to Hawaii out of the deal.  :)

I am one of a very tiny number of people who can be 
called "professional bee-liners", and I'd jump at an 
all-expenses-paid trip to Hawaii to go bee-lining 
every day for a few months.  Where do I send a resume?  :)


But in fairness, it must be admitted that the only 
prior attempt at something similar, when The Santa 
Cruz Island Reserve hired Robbin Thorp (non-apis bees) 
and Adrian Wenner (apis bees) to eradicate all 
non-native bees and hives on a very small island, 
a task that seemed to them, circa 2001, to be nearly 
complete:

"The feral honey bee eradication project
by Dr. Adrian Wenner, UCSB, which is down 
to one 'weak' hive located in just north 
and east of the main ranch in the central valley."
http://nrs.ucop.edu/Reserves/scir/highlights.html#HL01-02

...but somehow ended up taking several years more, and 
was only "successful" because of varroa making its 
way to the island:

"It appears that the introduction of Varroa 
onto the island of Santa Cruz did what he 
and Dr. Adrian Wenner could not do manually 
- finished off the honey bee populations on 
the island."
http://entomology.ucdavis.edu/faculty/mussen/03-04-04.pdf

But not to worry, I don't make the error of mistaking
the anti-penultimate hive for the last hive, and I
think I would be the ultimate playing field for a 
worldwide bee-lining competition.  It might even 
become one of those "Reality TV" shows.  (Hey,
this could turn out to be a serious hunk of change 
for multiple beekeepers, more than you'd make off 
several honey  crops.  Think about that.)

> Did the NZ plan even have a chance?

Given the lack of napalm use, they were certain to 
miss a few feral colonies, as they did not deploy 
a "trap line" of automated foraging bee detector 
feeding stations.  (Of course, no one has ever used 
them except me, as I'm the only person to enjoy 
bee-lining enough to create and run a "trap line".)

> Does it make sense to destroy hives that do not present 
> with mites? What about low mite count hives?

That's a judgment call, but what part of the term
"eradication" led you to think that some hives would
be spared for any reason, or that any reasoned input 
would be solicited?

> Should I care about the queen rearing companies? 

If they are willing to "make you whole", you should 
be willing to help protect their businesses against
what they apparently fear.  No, they should provide
incentive over and above "make you whole".

> The compensation has ranged from $150 to $500 per hive. 
> Our average is 100 lbs per hive and... $8/lb. 
> What is my true loss?

Like I said, "make you whole" would include covering
all losses, not just replacing bees.  One of the
oldest and most basic examples of "equity" in law 
is that when your neighbor's dogs kill your cow, you 
are owed not just the value of the cow, but the value 
of both the cow and the milk it would have produced.
Somehow, I see a similar situation here.

If you have business records going back several years,
I'd say that media attention alone would get you paid,
but an injunction would not be expensive to get, either.

But wouldn't be easier to simply make your view of
"equitable compensation" known to the queen breeders
up front?  They might just write you a check.
I'd start with Gus Rouse, he's a reasonable person.

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