An Act To Continue the Protection of Marine Waters and Organisms from the Risks Posed by the Applications of Pesticides
Maine Legislature, Session 123, LD 0875
Committee: Agriculture, Conservation and Forestry
Amends: 22 MRSA §1445

Legislative Document 
No. 875 
H.P.665 
House of Representatives, February 27, 2007 
An Act To Continue the Protection of Marine Waters and 
Organisms from the Risks Posed by the Applications of Pesticides 
(EMERGENCY) 
Reported by Representative PIEH of Bremen for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to Public Law 2005, chapter 553, section 4. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed under Joint Rule 218. 
PriOled on recycled paper 
'71J~ /17. 71!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the spraying of pesticides to curtail browntail moth populations begins in 
the spring; and 
Whereas, action is needed to reduce the risk to marine organisms from pesticides 
used to curtail browntail moths; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRS A §1444, sub-§4, as corrected by RR 2005, c. 2, §15, is amended 
to read: 
4. Limits on pesticide applications. Pesticide applications near coastal waters in 
Cumberland, Lincoln, Sagadahoc and York counties to control browntail moths must be 
in compliance with section 1445. 
This subsection is repealed March 31, ~ 
2008. 
Sec. 2. 22 MRSA §1445, first paragraph, as enacted by PL 2005, c. 553, §2, is 
amended to read: 
This section applies to the application of pesticides to control browntail moths in 
coastal areas. For the purposes of this section, "coastal areas" means land in Cumberland, 
Lincoln, Sagadahoc and York counties abutting coastal waters as defined in Title 12, 
section 6001, subsection 6, except that coastal areas extend inland up rivers and streams 
only as far as the first bridge. 
Sec. 3. 22 MRSA §1445, sub-§2, ~, as enacted by PL 2005, c. 553, §2, is 
amended to read: 
B. 
Applications may be performed only with a hydraulic hand-held spray gun or 
air-assisted sprayers. 
Sec. 4. 22 MRSA §1445, sub-§2, ~ 
is enacted to read: 
E. Applications may be performed only when the wind is equal to or greater than 2 
miles per hour and blowing away from marine waters. 
Sec. 5. 22 MRS A §1445, sub-§4, as enacted by PL 2005, c. 553, §2, is amended 
to read: 
4. Exemption. The prohibitions and restrictions in this section do not apply to 
biological pesticides ef, to the injection of pesticides directly into the soil or into shade 
and ornamental trees or to the application of pesticides by licensed commercial pesticide 
~Rl!li.<2~lQIS ug!}gl!Q!illowered equipm~nt. 
Sec. 6. 22 MRSA §1445, sub-§5, as enacted by PL 2005, c. 553, §2, is amended 
to read: 
5. Repeal. This section is repealed March 31, ~ 
2008. 
Sec. 7. 
Board of Pesticides Control; monitoring project; report. 
The 
Department of Agriculture, Food and Rural Resources, Board of Pesticides Control shall 
monitor applications of pesticides using hand-held spray guns and air-assisted sprayers 
allowed under the Maine Revised Statutes, Title 22, section 1445, subsection 2 to control 
browntail moths in coastal areas. 
Monitoring must occur on selected sites where 
applications are allowed. The board, working cooperatively with the Department of 
Marine Resources, shall sample marine waters and sediments in coastal areas where 
pesticides are applied to control browntail moths. 
The Board of Pesticides Control, in consultation with the Department of Marine 
Resources, shall analyze or have analyzed samples of marine water and sediment to 
detect the presence and amounts of diflubenzuron, permethrin, tau-fluvalinate or 
cyfluthrin in the samples. The board and the department shall present the results of the 
monitoring and sampling efforts to an environmental risk advisory committee and the 
Lobster Conservancy. The board shall report its findings and recommendations to the 
Joint Standing Committee on Agriculture, Conservation and Forestry by January 2, 2008. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
I. 
Allows application of pesticides by air-assisted sprayers to control browntail 
moths in the area between 50 and 250 feet of the mean high water mark; 
2. Allows pesticides applications only when the wind is equal to or greater than 2 
miles per hour and blowing away from marine waters; 
3. 
Adds licensed commercial applicators using non powered equipment to other 
applications exempted from the restrictions and prohibitions in the Maine Revised 
Statutes, Title 22, section 1445; 
4. Adds Lincoln County to the area to which the restrictions apply; 
5. 
Requires the Department of Agriculture, Food and Rural Resources, Board of 
Pesticides Control to continue monitoring of allowed spray applications and directs the 
board to work with the Department of Marine Resources on sampling and analysis of 
marine water and sediment; 
6. 
Requires the Board of Pesticides Control to report to the Joint Standing 
Committee on Agriculture, Conservation and Forestry by January 2, 2008; and 
7. Extends the repeal date one year to March 31,2008.