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
House Amendment HA_A_H46 (House)
Amends: 22 MRSA §1444, 22 MRSA §1445-A

HOUSE AMENDMENT" /J. " to H.P. 665, L.D. 875, Bill, "An Act To Continue the 
Protection of Marine Waters and Organisms from the Risks Posed by the Applications of 
Pesticides" 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 22 MRSA §1444, sub-§5 is enacted to read: 
5. 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-A. 
This subsection is repealed March 31, 2008. 
Sec. 2. 22 MRSA §1445-A is enacted to read: 
§1445-A. Restrictions on application of pesticides to control browntail moths in 
coastal areas 
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. 
1. Prohibition on application of pesticides. A person may not apply a pesticide to 
control browntail moths on shade or ornamental trees within 50 feet of the mean high 
water mark in coastal areas. 
2. Restrictions on applications between 50 and 250 feet of mean high water 
mark. A person may not apply a pesticide to control browntail moths on shade or 
ornamental trees in coastal areas located between 50 and 250 feet from the mean high 
water mark except in accordance with this subsection. 
A. 
Only products with the active ingredients diflubenzuron, permethrin, tau-
fluvalinate or cyfluthrin may be applied. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT "ft., to H.P. 665, L.D. 875 
B. Applications may be performed only with a hydraulic hand-held spray gun or air-
assisted sprayers. 
C. Applications may be performed only in a manner in which the applicator directs 
the spray away from marine waters. 
D. Applications may not be made when the wind is blowing toward marine waters. 
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. 
3. Notification and submission of records. A commercial applicator, as defined in 
section 1471-C, subsection 5, shall notify the Board of Pesticides Control within the 
Department of Agriculture, Food and Rural Resources between 48 and 18 hours in 
advance of using air-assisted sprayers to apply pesticides to control browntail moths in 
coastal areas. Upon request of the board, a commercial applicator shall submit spray 
records for such applications. 
4. Exemption. The prohibitions and restrictions in this section do not apply to 
biological pesticides, 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 
applicators using nonpowered equipment. 
5. Repeal. This section is repealed March 31, 2008. 
Sec. 3. 
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 air-assisted sprayers as allowed under the Maine 
Revised Statutes, Title 22, section l445-A, subsection 2 to control browntail moths in 
coastal areas. The board, working cooperatively with the Department of Marine 
Resources, may sample marine waters and sediments in coastal areas where pesticides are 
applied to control browntail moths. The board shall report its findings and 
recommendations from monitoring applications with air-assisted spraying to the Joint 
Standing Committee on Agriculture, Conservation and Forestry and the Joint Standing 
Committee on Marine Resources by January 2, 2008.' 
SUMMARY 
This amendment enacts the restrictions on pesticide applications that were in the 
Maine Revised Statutes, Title 22, but that were repealed on March 31, 2007, with the 
substantive changes proposed by the bill as amended by Committee Amendment "A" 
included. 
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SPONSORED BY: L-~/-
~~----------------------------
(Representative PIEH) 
TOWN: Bremen 
FISCAL ~OTE REQUIRED 
(S~e attached) 
HOUSE AMENDMENT 
Approved: 04/03/07 
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LD875 
LR 2519(04) 
An Act To Continue the Protection of Marine Waters and Organisms from the Risks Posed by the 
Applications of Pesticides 
Fiscal Detail and Notes 
Fiscal Note for House Amendment "jf" 
Sponsor: Rep. Pieh of Bremen 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
This amendment removes the cost of the original bill and leaves only minor costs to the Department of Marine 
Resources which can be absorbed within existing resources. 
LR2519(04) - Fiscal Note - Page I of 1