Trespassers? Not Any More!
In the 1940's and 50's, when crop dusting came into common use, there were frequent and devastating losses of bees. Bees, in case after case of destruction, were adjudged to be "trespassers" according to the law. Private property rights were supreme.
Beekeepers had no protection, but to move away. Eventually there were fewer and fewer places that were safe for bees, and high pesticide use areas became devoid of pollinators. Many beekeepers were wiped out.
With the coming of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of 1972, this precedent was deliberately set aside. Some pesticide users and advisors still don't understand this basic principle. Bees are no longer legally trespassers, but are legally an environmental resource. This was done, in recognition of their common good, as pollinators of many of our food, forage and fiber crops, and wild plants that feed wildlife.
Private property rights are subservient to common good in many cases. You cannot poach game, even when it is on your property. You cannot toss a stick of dynamite into your creek to catch fish. You cannot shoot your songbirds, pollute your stream, contaminate your ground water, or poison the bees that forage on your property.
It's as simple as that. Well, actually one can do these things. We should have said one may not, because it is illegal, and violators can expect to pay some consequences.
For bees, the law is specific to each pesticide, and it is written on the label directions, under "Environmental Hazards." Pesticides vary in toxicity, both inherently and according to the means of use, so bee-directions may also vary. Fungicides and herbicides are not toxic to bees in normal use, though, of course, they shouldn't be blown into the entrance of hives.
If one applies a pesticide in violation of the bee directions, he can be cited for misuse, and held liable for damage. Wilful violations are criminal, and violators can be subject to arrest and prosecution. It is the applicator that has chosen to use a pesticide with environmental risks, and it is properly his responsibility to obey the directions to minimize these risks. Demands that beekeepers remove or protect beehives, are an indication of intention to misuse, and can be used to establish the wilful (criminal) catagory of violation.
No applicator can afford to ignore bees in his consideration of the conditions of application. Neither can he make assumptions which may be invalid. One assumption, commonly made, is that there are no bees around. The opposite assumption is more likely to be valid. Cotton blossoms are extremely attractive to bees, and all the bees that are in the area will be in the cotton fields, once they are in blossom. The applicator needs to know some basic things about bees and when they forage. And he needs to know this, prior to application.