Blocking Out the Sun

Recently mosquito planes have been spraying pesticide over Atlantic
Beach. And while generally this activity is legal, its details are
largely unknown and somewhat hidden from the general public. But why?

Just looking at one area for example, the Mosquito Control Division
(MCD) of the Environmental Resource Management Department responds to
mosquito control issues in Atlantic Beach. The MCD controls adult
mosquitoes by applying ultra-low volume (ULV) sprays containing
malathion, Dibrom, Baytex, or pyrethroids. Sometimes these are
applied as a thermal fog aerially. All pesticides used by MCD are EPA
registered and considered “safe for the environment.” The information
about where the MCD is spraying and where they will spray is available
on their website (http://www.coj.net/Departments/
Environmental-and-Compliance/Mosquito-Control/Where-We-are-Spraying.aspx).
According to the website, Atlantic Beach was treated most recently on
August 17, 2011. But not all cities and counties are as open as
Atlantic Beach, and none are required to be.
Both the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
and Florida Statute 388 allow for the spraying of pesticides from
planes. And Florida Statute 388 emphasizes balancing the natural
environment with the potential problems wrought by the insects that
affect the public’s wellbeing or causes annoyance, including all
mosquitoes, midges, sand flies, dog flies, yellow flies, and house
flies. This appears to be a good public policy, weighing the
interests of the environment with those of the citizens, so how is it
accomplished?

Every county in Florida has a committee which deals with these insects
and they retain the power to take whatever action the county requires
in dealing with the public health risks. These control measures apply
to public lands and must be approved by the Department of Agriculture
and Consumer Services, and performed by the local control agency
consistent with a public lands control plan. The control measures are
meant to insure that the application of pesticides is made only when
necessary by determining a need, such as a potential for a
mosquito-borne disease outbreak. The committees are supposed to apply
the minimum, economically feasible, option to prevent a public health
or nuisance problem while imposing the least hazard to fish, wildlife,
and other natural resources.

More specifically, Florida Administrative Code Title 5 Chapter
5E-13021 and 13.036 allows aircraft applications of mosquito
adulticide along beaches and bay shores only when there is a
demonstrable three-fold increase over a base population. The only way
to check to see if this rule is followed is to get a hold of the
surveillance and adulticide application records, which must be kept on
file for at least three years. There are also special rules applying
to aircraft control activities conducted over private lands when there
is a possibility of deposition of airborne substances. These rules
require that the control activities be conducted in a manner which
minimizes the deposition of insecticide onto such lands. In addition,
there are timing rules in place including, but not limited to, a rule
stating that the spraying for certain insects shall not occur between
two hours after sunrise and two hours before sunset. As mentioned
above, after an aerial operation takes place, records shall be
maintained for a minimum of three years which will include at least
the following: the area treated, the application rate and the material
used, the equipment and technique used, the name of the pilot in
command, the date, time, temperature, and general wind speed and
direction, pretreatment and post-treatment records of mosquito
presence. So it is clear that a citizen may obtain records after the
fact, but what about prior notice? What if one is concerned that
their child may breathe in these chemicals when they’re playing in the
backyard? To get advanced notice, get ready to divulge personal
information.

If a citizen wants notification of these activities, one has to
request to be placed on the notification list. This requires showing:
that a physician has examined the person and determined that the
placement of the person on the registry for prior notification of the
application of a pesticide or class of pesticides is necessary to
protect their health; the distance surrounding the person's primary
residence for which the person requires prior notification of the
application of a pesticide or class of pesticides in order to protect
the person's health; the pesticide or class of pesticides for which
the physician has determined that prior notification to the person is
necessary to protect the person's health; and the license number of
the physician. Such requirements certainly have a chilling effect and
it is worth asking, “Who are these rules meant to protect? The
public, or some other group?”

So while the City of Atlantic Beach appears to be upfront with their
mosquito-spraying, the only way to really tell is to request their
records and check them against their internally generated reports.
And if you live outside of Atlantic Beach, you may need to divulge
information about your health, or your child’s health.

-Sloane Tait and Andrew Miller