4.4 Pollinator and Bee Protection

Pollinator and Bee Protection

Quick Answer: Pollinators are protected in Massachusetts through restrictions on outdoor neonicotinoid applications (which are State Restricted Use as of July 1, 2022) and the honey bee regulations of 333 CMR 13.07, which require a 24-hour notice to apiaries within 2.5 miles before spraying blooming crops.

Pollinators, including European honey bees (Apis mellifera) and hundreds of species of wild bees, butterflies, and beetles, are critical to the agricultural economy and ecological health of Massachusetts. Crops such as cranberries (the state's signature agricultural commodity), apples, blueberries, squash, and pumpkins depend heavily on insect pollination. However, many pesticides, particularly insecticides, pose a direct threat to pollinator health.

The Role of Pollinators and Pesticide Risks

Pesticide exposure can occur through two primary pathways: contact exposure and systemic exposure.

• Contact exposure occurs when a bee is directly sprayed while foraging, or when it crawls over plant surfaces containing wet or dry pesticide residues. Contact toxicity can cause immediate mortality in the field, preventing foraging bees from returning to the hive.
• Systemic exposure is associated with systemic pesticides, which are absorbed by the plant's roots or foliage and translocated throughout its vascular system. As a result, the pesticide is present in the plant's tissues, including its pollen, nectar, and even guttation water (droplets exuded by leaves). Bees feeding on these systemic residues are exposed to chronic, sublethal doses that can impair their navigation, learning, foraging efficiency, and immune system, ultimately weakening or destroying the colony.

Massachusetts Neonicotinoid Restrictions

Among systemic insecticides, neonicotinoids have been heavily implicated in global pollinator declines. In response to this threat, the Massachusetts Department of Agricultural Resources (MDAR) enacted strict regulations that became effective on July 1, 2022.

Under this policy, MDAR classified neonicotinoid pesticide products labeled for outdoor, non-agricultural, and non-structural uses as State Restricted Use Pesticides (SRUP). This restriction targets products containing active ingredients such as:

• Imidacloprid
• Thiamethoxam
• Clothianidin
• Dinotefuran

As a result of this classification, these neonicotinoid products are no longer available for general over-the-counter retail sale to the public. They cannot be purchased or applied by unlicensed homeowners for lawn care, ornamental gardens, or residential landscaping. Only licensed and certified pesticide applicators are permitted to purchase and apply these materials in outdoor turf, lawn, tree, shrub, and garden environments, subject to strict record-keeping and use requirements. Agricultural and structural pest control uses are exempt from this specific retail ban but remain subject to general labeling restrictions.

Honey Bee Protection under 333 CMR 13.07

In addition to the neonicotinoid restrictions, Massachusetts has long-standing regulations under 333 CMR 13.07 designed to protect honey bees from direct pesticide poisoning.

Under 333 CMR 13.07, it is prohibited to apply any pesticide that bears a bee warning statement on its label to fruit trees, alfalfa, clover, or trefoil grown as field crops when these plants are in bloom, unless the applicator has made a 'reasonable inquiry' regarding the presence of registered apiaries.

To satisfy the reasonable inquiry requirement, the applicator must:

1. Obtain the Apiary List: Request a current list of registered apiaries and their locations from the MDAR Apiary Program.
2. Determine Proximity: Check if there are any registered apiary hives within a 2.5-mile radius of the proposed application site.

If registered apiaries are located within the 2.5-mile radius, the applicator must provide the apiary owners with at least 24 hours' prior notification before making the application. This notification must include the date, time, and location of the application, the trade name and active ingredient of the pesticide, and the rate of application. This warning allows the beekeeper to confine the bees or take other protective measures during the application.

Furthermore, the regulation imposes even stricter controls on the use of microencapsulated methyl parathion. Because the microscopic capsules of this pesticide are similar in size to pollen grains, foraging bees collect them on their bodies and transport them back to the hive, where they are fed to the brood, decimating the colony. Consequently, applying microencapsulated methyl parathion requires a special permit from MDAR and a 24-hour notification to all apiary owners within a 5-mile radius of the application site.

Best Management Practices for Pollinator Protection

To minimize pesticide risks to bees, MDAR and UMass Extension recommend that all applicators adopt the following Integrated Pest Management (IPM) best practices:

• Mow Blooming Weeds: Before applying a bee-toxic pesticide to turf or lawn areas, mow the area to remove the blooms of weeds like dandelions, clover, and creeping charlie. This prevents foraging bees from visiting the treated turf area and contacting the pesticide residues.
• Time Applications Wisely: Apply pesticides in the late evening (after sunset) or early morning (before bees start foraging, typically when temperatures are below 55°F). Late evening applications are highly preferred because they allow the spray to dry overnight, significantly reducing contact toxicity to bees the next day.
• Choose Less Hazardous Formulations: Dusts and wettable powders (WP) pose the highest risk to bees because they easily adhere to the hair on a bee's body. Emulsifiable concentrates (EC) dry quickly and do not adhere as readily. Granular (G) formulations applied to the soil are the least hazardous to foraging pollinators.
• Prevent Spray Drift: Keep applications strictly on target. Avoid spraying in wind speeds that exceed label limits, and ensure that the wind is not blowing toward hives or adjacent blooming vegetation.
• Register Hives: Beekeepers must register their apiaries annually with MDAR to ensure their locations are included on the official Apiary List, facilitating communication and coordination with local applicators.