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Times Record - 07/24/2006

Hearing stirs barely a flutter on new moth law

FREEPORT - State officials netted a sparse crowd at a Friday morning meeting to gather public input about current rules for spraying to control browntail moths.

Populations of the moth, a European import whose toxic larval hairs pester only Casco Bay and Cape Cod in the United States, boomed during the past decade along Casco Bay shores and islands. Although recent rainy weather has quenched the magnitude of the moth problem, it may return with drier weather and its next 10-year population cycle.

The state's Board of Pesticide Control, which operates under the Department of Agriculture, held the hearing in Freeport on Friday because the town is one of the communities hit hardest by browntail moths, or more specifically the insect in its caterpillar stage.

But only about 20 people attended the session to comment on an emergency law legislators passed in April limiting spraying of browntails because of its potential impact on marine life.

The temporary law — which sunsets March 31 and affects only coastal parts of York, Cumberland and Sagadahoc counties — bans pesticides on trees within 50 feet of the high water mark and only allows specific pesticides applied on trees between 50 and 250 feet of the shore with a hydraulic handgun when winds don't blow toward the water.

Friday's hearing formed part of the law's assessment by the seven-member board, which also will monitor water and solicit opinions from biologists and toxicologists before issuing a report in January.

While none of the speakers liked the moth problem, they balanced pesticide spray and marine health differently. Jennifer Andersen, of Environment Maine, advocated keeping the current regulations. She suggested the board explore natural moth control treatments such as distributing chemicals secreted by the female moth to disrupt mating and ultimately the number of eggs laid, a method promulgated by a British company called Exosect.

Toxicologist LeBelle Hicks, noting the suggestion's drawbacks, said browntails in the United States form webs in taller trees, making it difficult to reach the webs to administer the female's pheromone.

"I'm absolutely a proponent of restricting chemicals that will impact aquatic life," South Freeport resident Elizabeth Ring said. "But browntail moths in particular are a huge health hazard in South Freeport."

Ring said it's been years since she's hung laundry outside because of caterpillar hairs that cause itching and, for some people, respiratory problems.

But solutions for eradicating moths without compromising marine resources fall beyond the board's reach. "I think it unlikely that we can come up with a solution that's going to please everybody," board member Lee Humphreys said.

Another speaker said most pesticide applicators like himself abide by the rules, but wanted to see evidence justifying the restrictions.

"Scientific evidence that what we're putting down is harming the lobsters — where are the facts?" he asked, suggesting that the state would do better to watch how boat gasoline and diesel fuel affect lobsters.

Responding that such a study lay outside their purview, committee members acknowledged they wouldn't know how particular pesticides affect lobsters before their report comes due.

But the mere uncertainty of the pesticides' effect on marine resources drew lobster industry advocates like the Maine Lobstermen's Association to urge the committee to err on the side of caution.

"Our concern is that we don't really know, and we want to be careful," a Lobstermen's Association representative said, even if that requires pushing back spray limits 250 or 500 feet.

Board members have heard much from the lobster industry but hoped to hear from more coastal community speakers than the session yielded, Board of Pesticides Control chairwoman Carol Eckert said after the hearing.

Still, board members, who may discuss holding another session during evening hours, are accepting written comments on the current browntail moth pesticide regulations until Aug. 4.

Comments can be mailed to Henry Jennings, Acting Director, Board of Pesticides Control, 28 State House Station, Augusta, ME 04333-0028 or e-mailed to henry.jennings@maine.gov.