Opposition To NJ Dept. of Agriculture’s Proposed Beekeeping Regulations

Hopewell Borough Resident: J. David Waldman, 75 E. Prospect St.

My family and I have been residents of the Borough for over 33 years and I am a hobbyist beekeeper and have been keeping bees on my property for approximately 4 years. My hives are duly registered with the State of New Jersey. (A “Hobbyist” beekeeper typically has 1-10 hives located on one single property; a “Sideliner” beekeeper typically has from10-100 hives,typically located on one or more properties; and a “Commercial” beekeeper typically has from 100-1000 or more hives located on several rural properties.)

I am commenting as a hobbyist(backyard) beekeeper and current Second Vice Presidentof the Executive Board of Directors of the Northwest NJ Beekeepers Association (NWNJBA), in opposition to the proposed beekeeping amendments and regulations. NWNJBA is one of the ten branches of the New Jersey Beekeepers Association (NJBA). Our organization consists of 150 member beekeepers from Hunterdon and Warren counties. It includes hobbyists, sidelinersand commercialbeekeepers. Statewide the NJBA has a membership base of over 1500 Members; statewide there are over 2000 duly registered beekeepers. We estimate that there are conservatively approximately two unregistered and/or non-member beekeepers for every member and/or registered beekeeper.

I am writing to make you aware of the NJDA’s proposed beekeeping regulations that would severely restrict beekeeping throughout the State and consequently in Hopewell Borough (as well as in the Township and throughout Mercer County). Briefly, the amendments and proposed new rules severely restrict beekeeping in urban and suburban areas throughout the State of New Jersey; they are counter to the intent and spirit of the law. The intent was to prevent municipalities from adopting restrictions or exclusions to beekeeping.

I am asking the Mayorand Borough Council to formally, by resolution, oppose the proposed beekeeping regulations and to inform the Leagueof Municipalities of Hopewell Borough’sformal opposition to these rules.I am hereby requesting that you include me in the Agenda for the next Borough Council meeting (Thursday 4 January 2018) to present and discuss this important matter.

In short, the Dept. of Agriculture has ignored the intent of the law that directed it to produce these regulations. These rules will severely restrict beekeeping in both urban and rural areas of the state and impose onerous requirements on beekeepers that are not supported by sound science and facts. As a predicate for these newly promulgated amendments and regulations, small group of citizens from one municipality recently has been allowed to apply undue influence in the rule making process based upon their experience with one bad beekeeper in that municipality. Why were the citizens of Bridgewater Township not given the same opportunity to speak to all the positive experiences they have had from having good beekeeping neighbors?

Contrary to the words of the Preamble, these rules were drafted without consulting adequately with the NJBA and without utilizing the beekeeping expertise that exists within NJDA.

For years, the NJDA has promulgated and published "Guidelines for Keeping Bees in Populated Areas". These guidelines were developed by the State Apiarist(an employee of the NJDA) and for many years have been used successfully to resolve conflicts between beekeepers and their neighbors. The new beekeeping rules are a solution looking for a problem. (Coincidental with the release of the proposed regulations the State mysteriously withdrew their “Best Practices” document from the internet.) They seek to "solve" a problem that does not exist. Current best beekeeping practices and nuisance laws are adequate to address problems that arise between beekeepers and their neighbors and the draconian measures proposed are unnecessary and unenforceable.

The proposed amendments and new rules are completely counter to the spirit and intent of the law. At a time that most urban cities and states are encouraging hobby beekeeping, the Department has proposed standards that will effectively reduce both the number beekeepers and hives in the State and burden beekeepers with unnecessary and unduly restrictive regulations, not based upon any scientific foundation.

According to the NJDA’s own website, "[w]ithout a healthy honey bee population, successful fruit and vegetable production would be at risk. New Jersey's 20,000 bee colonies, valued at $350 per colony, represent a $7 million honey bee industry for the state and contribute to successful production of nearly $200 million worth of fruits and vegetables annually." It is a well established scientific fact that one of three bites of food is typically pollinated by honeybees.

The NJDAis required to consult with various organizations whenpromulgating these regulations, including the NJ Beekeepers Association NJBA (the local Chapter organization of which I am a Board Member) as well as the Mid-Atlantic Apiculture Research and Extension Consortium (MAAREC). Both beekeeping organizations were ignored and none of their input was considered during the rulemaking process. The NJDA failed to perform its due diligence. It does notcite one shred of scientific evidence for any of its claims or determinations. It states that they have relied on anecdotal experience for developing these regulations.

Honeybees are the most scientifically studied insect in the world. Why use “anecdotal experience” when there is plenty of scientifically proven information available? Does the NJDA think that anecdotal experience is more reliable than science?

Additionally, the NJDAdidnot consult with any experts or scientists -not one commercial beekeeper, professor of Agriculture, Apiculture, or entomologist. Their beekeeping and honeybee definitions do not correspond to well established conventional, scientific definitions, and most of their definitions are incorrect and some simply do not make any sense.

The proposed regulations amount to a harsh crackdown on NJ’s beekeeping community, and the NJDA has not demonstrated any objective reason for this explosion of red tape. The Regulations are discriminatory. Beekeeping is an activity that is open to all and one does not have to own vast tracts of land in order to keep bees.

Beekeeping is legal throughout Manhattan (NYC), Brooklyn and Chicago,large urban municipalitieswhich are significantly more densely populated than anywhere in the State of New Jersey.

Given that it is indeed possible to safely keep bees in urban areas such as Brooklyn, Manhattan and Chicago, cities and rooftops without any problems, people should not have to jump through oppressive regulatory hoops to keep bees in the more spacious Garden State of New Jersey, a State whose state insect of record is the honeybee!

The NJDA has not furnished any reasons for these restrictions.

On behalf of the Northwest NJ Beekeepers Association, I am asking the Mayor and Borough Council for their support in opposing these proposed regulations. In addition to passing the requested resolution, please also inform the League of Municipalities of Hopewell Borough’s opposition to the proposed beekeeping rules.

I am happy to discuss specific requirements of the new beekeeping rules and answer any questions that you might have.

Thank you.

Sincerely,

J. David Waldman, Borough Resident

Current Second Vice President NWNJBA (Northwest NJ Beekeepers Association)

ENCLOSED:

1)Proposed Draft Borough Resolution; and

2)Summary Statement In Response To the Proposed Regulations

J. David Waldman [ Hopewell Borough 12262017 Page #1 of 5

Opposition to Proposed NJDA Beekeeping Regulations