AUGUSTA – After nearly five hours of testimony Friday that revealed a deeply divided farming community, the Legislature’s joint standing committee on agriculture voted to approve the nomination of Robert Spear to remain in the post of agriculture commissioner, which he held in Gov. Angus King’s administration.

The vote to approve the nomination was 10 in favor and 3 opposed. Voting against Spear were Rep. Linda Rogers McKee, D-Wayne; Rep. Nancy E. Smith, D-Monmouth; and Rep. John Eder, Green-Portland. His nomination now goes to the Senate. If approved there, he will remain commissioner of the Maine Department of Agriculture, Food and Rural Resources.

So many farmers and agriculture leaders showed up for the hearing that the overflow crowd had to be accommodated in a separate room.

Nearly every major agriculture organization in the state threw its support behind Spear, who has been commissioner for three years. Supporters included the Maine Beef Association, Maine Dairy Improvement Association, Wild Blueberry Commission of Maine, Maine Agricultural Fair Association, Maine Farm Bureau, cranberry growers, race horse breeders, the Maine Deer and Elk Association, FAME, Cooperative Extension, maple syrup producers, and Maine Agriculture in the Classroom.

Those testifying on both sides of the issue repeatedly stated that Spear is a tireless worker and a decent, ethical, well-respected man who has an open-door policy and a valued legislative and farming background.

But those opposing the nomination said he was not aggressive or forward-thinking enough to carry Maine into the future, and dozens of dairy farmers testified that Spear was not working hard enough to save their farms.

James Amaral, owner of Borealis Breads, serves on several state-level agriculture committees and is co-chairman of the high-level Department of Agriculture Marketing Committee. “We need a commissioner who sees opportunities and is pro-active, rather than reactive,” Amaral told the legislators.

“If you set the bar low, you’ve failed all of us,” he said.

At times the contentious hearing sounded more like an appeal for relief for dairy farmers than an attempt to discuss a nomination. Many of those critical of Spear used the current dairy crisis and a troubled Animal Welfare Division to attack him.

Richard Ray of Biddeford said Spear’s recent four-point dairy plan, announced last Wednesday, is “happy talk, like rearranging the deck chairs on the Titanic.”

Dairy activist Adrian Wadsworth of Turner said he had been Spear’s friend for a decade but on Friday testified against his nomination. “I’ve spent a lifetime working with Maine’s dairy farmers,” he said. “I’ve spent a lifetime watching them go out of business. Maine’s dairy industry is losing $2 million a month. This cannot continue.”

“It is not in a farmer’s nature to come here and speak against the commissioner,” said Wadsworth. “This is the hardest thing I have ever done.” Wadsworth was critical of Spear’s inability to convince Gov. John Baldacci to support a proposed milk handling fee, which many believe would save dozens of farms and pump more than $3 million into the farm economy.

“Spear is always playing catch-up,” said organic dairy farmer Spencer Litelle of China. “He’s always chasing last year’s goals. We need vision to see beyond the old solutions.”

Several others were critical of the slow implementation of changes to the Animal Welfare Program and Spear’s policy of education of animal owners rather than enforcement.

Biddeford Animal Control Officer Donald Harper and Bruce Savoy, Maine Animal Control Officers Association president, said the Department of Agriculture had failed to adequately enforce animal welfare issues under Spear’s leadership.

“Of 1,471 complaints, less than 1 percent were convicted of abuse. People need to be held accountable,” said Savoy.

After the hearing, Spear said he would take the criticism to heart, particularly in regard to animal welfare issues, although he reiterated his position to continue to educate animal owners about proper care. “There are some things we may do differently,” he admitted, “particularly in the area of animal welfare. There is still a lot more work to do in agriculture.”

He said he may have to ratchet up his low-key style and become more visibly aggressive.