Fonso Stanley, Violating Migratory Bird Treaty Act and FIFRA, Kentucky 2009

Frankfort, KY – A Kentucky man has been sentenced for the illegal and dangerous misuse of pesticides, resulting in the deaths of multiple protected migratory birds. Fonso Stanley was sentenced on May 27, 2009, following a guilty plea to federal charges related to the unlawful application of a restricted-use pesticide and the use of prohibited traps.

The case, investigated by the Environmental Protection Agency’s Criminal Investigation Division, revealed that Stanley employed a particularly cruel and illegal method of pest control. He laced a chicken carcass with carbofuran, a highly toxic pesticide, and used it as bait. Simultaneously, he set steel-jawed traps in the area. This combination proved lethal to several protected bird species, including three Barred Owls, two Cooper’s Hawks, and two American Kestrels.

Carbofuran is a potent neurotoxin, and its use is heavily regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Its application is restricted to certified applicators due to the significant risk it poses to non-target species, including wildlife and humans. Using it in this manner – intentionally poisoning a carcass – constitutes a blatant disregard for both the law and the safety of the environment.

The investigation highlighted the severe consequences of illegal pesticide use on vulnerable wildlife populations. Migratory birds are protected under the Migratory Bird Treaty Act, an international agreement aimed at conserving bird species. Stanley’s actions not only violated federal environmental regulations but also directly contributed to the decline of these protected birds.

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Legal Ramifications

Stanley was charged with one count of violating 16 U.S.C. 703 and 16 U.S.C. 707(a), pertaining to the Migratory Bird Treaty Act, and one count of violating 7 U.S.C. 136j(a)(2)(G) and 7 U.S.C. 136l(b)(1)(B) of FIFRA, covering the illegal use of a registered pesticide. He ultimately pled guilty to both charges as outlined in the filed Information. The court sentenced Stanley to 36 months of probation, a $2,000 federal fine, and a $35 special assessment fee.

Key Facts

Defendant: Fonso Stanley
State: Kentucky
Year: 2009
Crime: Illegal pesticide use & prohibited trapping
Pesticide Used: Carbofuran
Birds Killed: 3 Barred Owls, 2 Cooper’s Hawks, 2 American Kestrels
Statutes Violated: 16 U.S.C. 703, 7 U.S.C. 136l(b)(1)(B), 7 U.S.C. 136j (a)(2)(G), 16 U.S.C. 707(a)
Penalty: 36 months probation, $2,000 fine, $35 assessment

The EPA continues to aggressively pursue enforcement actions against individuals who violate environmental laws, emphasizing the importance of protecting both human health and the delicate balance of our ecosystems. This case serves as a stark reminder of the penalties associated with irresponsible pesticide use and the critical need to comply with regulations designed to safeguard our natural resources.

Source: EPA ECHO Enforcement Case Database

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