Executive Order, which seeks to balance environmental concerns with forest management needs, follows veto of LD 125
Governor Janet Mills today signed an Executive Order directing the Maine Forest Service and the Board of Pesticides Control to review rules related to the aerial application of synthetic herbicides and to recommend changes to further protect rivers, lakes, streams, ponds, brooks, wetlands, wildlife and human habitat and other natural resources.
The Governor’s Executive Order follows her veto of LD 125 (PDF), which she objected to because of its “blanket prohibition” over aerial application of glyphosate for the purposes of silviculture, the science and practices underpinning the sustainability of Maine’s forests.
In a Bangor Daily News op-ed yesterday, Bob Seymour of Orono, a Professor Emeritus of Silviculture at the University of Maine and forestry expert, called the bill “flagrantly anti-environmental and discriminatory”, noting that it would imperil the ability to manage Maine’s forests and jeopardize the state’s efforts to combat climate change and “stifle” long-term investments in forest stewardship to build climate resilience and support rural economies.
In her veto message, the Governor noted that “banning aerial application…would force landowners to conduct ground application, which is manually intensive, has a potential for greater site disturbance and soil compaction, and may require multiple applications with higher and more dangerous concentration levels to achieve the same level of effectiveness.” However, she recognized concern over the aerial application of glyphosate and pledged to issue today’s Executive Order.
“I recognize the legitimate perspectives on all sides of this debate and believe this approach strikes the appropriate balance between environmental concerns and the legitimate needs of silviculture enterprises while also ensuring that we can harness the carbon-cutting power of our forests to combat climate change,” said Governor Mills. “I look forward to the recommendations that result from this review.”
The Executive Order directs the Maine Forest Service to consult with the Board of Pesticides Control to review and amend rules related to the aerial application of glyphosate and other synthetic herbicides for the purpose of silviculture, including reforestation, forest regeneration, or vegetation control in forestry operations. The process will include:
- A review of the existing BMPs for aerial application of herbicides including: a review of the findings and recommendations of the independent assessment on aerial applications conducted in 2020, a review of the international scientific literature regarding the aerial application of herbicides for forestry purposes, taking into account the species addresses in other states and countries, and a review of Integrated Pest Management guidelines as they apply to aerial application of herbicides for forestry purposes to assess the relative effectiveness and costs of other treatment methods
- Development of a surface water quality monitoring effort to focus on aerial application of herbicides in forestry to be conducted in 2022.
- A review undertaken by the Department of Inland Fisheries and Wildlife to assess wildlife habitat impacts related to sites treated by aerial application of herbicides.
- A review of the existing regulatory framework for aerial application of herbicides in forest operations, to include: a proposal to amend rules to expand the buffers and setbacks to further protect rivers, lakes, streams, ponds, brooks, wetlands, wildlife and human habitats and other natural resources; a proposal to amend rules to expand the buffers for areas next to Sensitive Areas Likely to be Occupied (SALO) and other sensitive areas to include farming operations.
- A series of public meetings to share and obtain public input on the results of the review before finalizing.
The Executive Order requires the Board of Pesticides Control and the Maine Forest Service to submit a summary of the review process and findings and any corresponding recommendations to the Governor on or before January 2, 2022.