[TN-Bird] man punished for poisoning birds in Limestone, Tennessee

From: Joan C Reese/SPEC/PS/EXT/UTIA <jreese5@xxxxxxx>
To: tn-bird@xxxxxxxxxxxxx
Date: Mon, 20 Jul 2009 13:58:00 -0500
Carol Reese
Ornamental Horticulture Specialist -Western District
University of Tennessee Extension Service
605 Airways Blvd.
Jackson TN 38301
731 425 4767 email  jreese5@xxxxxxx



Source: The Greeneville Sun

U.S. Magistrate Judge Dennis H. Inman has imposed a $5,000 fine against
Kenneth Ray Nelson, a farmer from Limestone, who improperly used a
restricted-use pesticide to kill birds in July, 2008.

The U.S. Attorney on January 7, 2009, had charged that Nelson violated the
Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA") and the
Migratory Bird Treaty Act.

The charges alleged that Nelson misused granular carbofuran, a
restricted-use insecticide, by mixing it with bird seed and placing it in
meat used for bait.

The misuse of the carbofuran resulted in an unlawful taking of a Song
Sparrow, a migratory bird, the charges alleged. Both charges are
misdemeanors.

Nelson pled guilty to the Migratory Bird Treaty Act offense and, after a
hearing, was also found guilty of violating FIFRA. Magistrate Judge Inman
held a sentencing hearing on Monday.

Judge Inman heard testimony at the hearing that carbofuran, also known by
its trade name, Furadan, is widely misused in Tennessee and Kentucky to
kill birds of prey and carnivores, such as coyotes. State and federal
officers initiated the investigation after a neighbor reported that her pet
dog had ingested some poison and became gravely ill.

Investigators found several dead songbirds and a dead cat in proximity to
Nelson's illegal bait stations.

After hearing the evidence presented, Magistrate Judge Inman imposed a
$5,000 fine against Nelson, as recommended by the United States.

Judge Inman remarked that a substantial penalty was warranted to deter
others from misusing carbofuran, which is highly toxic and dangerous to
wildlife, a U.S. Attorney's press release said.

The federal investigation was conducted by the East Tennessee Environmental
Crimes Task Force, which included law enforcement personnel from the U.S.
Fish & Wildlife Service (USFWS), United States Environmental Protection
Agency - Criminal Investigation Division (EPACID), Tennessee Wildlife
Resources Agency, and the Tennessee Department of Agriculture.

EPA-CID Special Agent in Charge Maureen O'Mara commented, "These types of
environmental crimes will be fully investigated and the persons responsible
brought to justice."

Russ Dedrick, U.S. attorney for the Eastern District of Tennessee, said
"Mr. Nelson's improper use of highly toxic pesticides to kill wildlife
posed a serious risk of harm to human health, the environment, and our
precious wildlife resources. It is our hope that this prosecution will
deter others from using these poisons for an illegal purpose."





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[TN-Bird] man punished for poisoning birds in Limestone, Tennessee

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