Ms. Martin,

Thank you for the opportunity to comment on the proposed Best Management Practices for the Operation of Apiaries in Order to Limit Operator Liability; I appreciate the opportunity. I am a past president of the Virginia State Beekeepers Association, a nonprofit organization of approximately 2400 beekeepers from across Virginia.  I am also a founding member and past president of the Beekeepers Guild of Southeast Virginia, a nonprofit organization of 290 beekeepers.  I have kept between 50 to 60 honey bee colonies in both rural and suburban settings for several decades in Southeastern Coastal Virginia.  The following are my suggestions for your consideration:

2VAC5-319-10. Definitions.

"Bee" means the honey bee, Apis mellifera and genetic variations thereof, at any living stage and may include other hymenopterous insects that depend on pollen and nectar for food.

Strike “and may include other hymenopterous insects that depend on pollen and nectar for food”.  There is no requeening, swarm control or frame rotation as detailed below required for Osmia, Megachilidae, Bombus or other hymenoptera managed for pollination.  Management of bees other than honey bees (Apis mellifera) requires specific and different BMPs; they should not be included in apiary best management practices.

2VAC5-319-30. Best management practices.

2VAC5-319-30.B.1 Removing or securely sealing any empty bee equipment in an apiary. For the purpose of this subdivision, "empty" means without bees but containing comb or other materials attractive to bees;

This would appear to preclude bait hives, a service offered by beekeepers to catch swarms from both feral or managed colonies after they have issued but before they alight on a non-beekeepers property. Please consider adding language allowing bait hives.

2VAC5-319-30.B.2. Removing all colonies in a state of decline or combining such colonies with other colonies;

Does not allow for requeening, often a very effective method of reversing initial colony decline. Please consider allowing the beekeeper to make other management decisions to reverse colony decline.

2VAC5-319-30.B.3. Repairing or replacing old, worn, or defective hive boxes, frames, and other bee equipment;

The term “old” is not synonymous with equipment in disrepair.  Suggest a term more descriptive of what you are trying to convey such as “Repairing or replacing equipment which is functionally obsolete”.

Not sure what the state of one’s equipment has to do with limiting liability.

2VAC5-319-30.B.5. Maintaining a minimum of 20 pounds of honey in a hive with the equivalent of one frame of pollen stores for brood production during the growing season;

Does not take into consideration new splits or packages; suggest adding an exception for those colonies actively being fed by the beekeeper to increase stores.

Again, although this is good beekeeping practice, not sure how it relates to limiting liability.

2VAC5-319-30.B.6. Preventing disturbance or injury to bee colony or hive by vertebrate pests; and

This is the goal of all apiary operators but nobody can stop a bear, not even with an electric fence.  This provision adds insult to injury by blaming the beekeeper for losing colonies to bears.  Please consider revising.

2VAC5-319-30.E. An apiary operator shall maintain all colonies at least 10 feet away from property lines to prevent an individual from impeding normal bee flight activity from a hive. An apiary operator shall place all colonies that are less than 40 feet from a property line behind a barrier that is no less than six feet in height and is located between the colony and the property line. Barriers should be of sufficient density, length, and height to establish bee flyways six feet or higher above ground level.

Language should specify that a local municipality’s zoning code has precedence over state BMPs. Suggest also including language about facing hive entrances toward the beekeeper’s property to avoid flight paths over neighbor’s property or public rights-of-way.

2VAC5-319-30.F. An apiary operator shall maintain a water source within 50 feet of a colony or less than one-half the distance to the nearest unnatural water source, whichever is closest. An unnatural water source includes a swimming pool, bird bath, and pet or livestock watering receptacle.

Language should specify that a local municipality’s zoning code has precedence over state BMPs. Suggest including language on beekeeper water sources being maintained so as not become mosquito harborage which may be more of a nuisance than bees.

2VAC5-319-30.G. An apiary operator shall not maintain an apiary within 50 feet of any animal that is tethered, kenneled, or otherwise prevented from escaping a possible stinging incident.

Language should specify that a local municipality’s zoning code has precedence over state BMPs.  A 50-foot buffer may not be possible in urban environments.  A 50-foot buffer may not be possible for beekeeper to verify in high density areas with multiple fenced/screened properties.  Suggest this apply only to establishing new apiaries.  An established apiary should be grandfathered should somebody move into a neighborhood and begin tethering or kenneling animals nearby; this provision could be used punitively by disgruntled neighbors to prevent beekeeping.

2VAC5-319-30.H. An apiary operator shall avoid opening or disturbing a colony when another person is participating in outside non-beekeeping activities or using machinery within 150 feet of the apiary.

No basis in fact:  Bees “hear” sounds by detecting air-particle movements with their antennae; they are capable of near-field sound perception from centimeters to a meter or two, not 150 feet or 45 meters. Please consider striking.

2VAC5-319-30.I. An apiary operator shall only maintain a colony with EHB or EHB hybrid stock and shall:

Strike “EHB hybrid”; the term implies EHB X AHB (which is an EHB hybrid) is acceptable.  Please state desired goal concisely, such as, “An apiary operation shall only maintain a colony free of AHB stock or AHB genetics”.

2VAC5-319-30.I 4. Replace queens in all captured or trapped swarms within 30 days of capturing or trapping swarms;

The National Association of State Departments of Agriculture identified the “Need for Increased Genetic Diversity in Bee Colonies” as one of only five key findings arising from the 2007 NAS report “Status of Pollinators in North America” and the 2013 USDA-EPA joint report, “National Stakeholders Conference on Honey Bee Health”. We should not be contributing to a decrease in genetic diversity in honey bee colonies with arbitrary BMPs.  Some beekeepers’ best stock is from captured swarms and they should be allowed to propagate those bees with desirable traits.  Please include language which allows beekeepers to evaluate captured swarms for defensiveness prior to making the decision to requeen.

Thank you again for the opportunity to comment; I appreciate your consideration.

Sincerely,

Pamela Fisher

Chesapeake, Virginia