Gary Michael Pohlman, Illegal Pesticide Use, KY 2003

Frankfort, KY – A Kentucky farmer learned a harsh lesson in 2003 about the illegal and dangerous use of pesticides after intentionally poisoning wildlife. Gary Michael Pohlman was sentenced to pay a $1,500 federal fine and a $15 special assessment fee for violating federal law in a misguided attempt to protect his livestock.

According to court documents, Pohlman laced deer meat with Carbofuran, a highly restricted-use pesticide, and strategically placed it on and around his property. His intent was to eliminate coyotes he believed were preying on his calves. However, this reckless act had devastating consequences for unintended wildlife.

A red-tailed hawk, a protected migratory bird, tragically fell victim to Pohlman’s scheme. The hawk consumed the poisoned deer meat and succumbed to the effects of the potent pesticide. This incident triggered a federal investigation by the Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service.

The EPA’s Criminal Investigation Division determined that Pohlman’s actions constituted a clear violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, he was charged with using a registered pesticide in a manner *inconsistent with its labeling* – a critical component of ensuring public and environmental safety. FIFRA section 7 U.S.C. 136j(a)(2)(G) prohibits such misuse.

Further compounding the severity of the offense, Pohlman also violated the Migratory Bird Treaty Act, a federal law protecting migratory birds, their nests, and eggs. Violations fall under 16 U.S.C. 703 and 707(a). The death of the red-tailed hawk triggered this charge, demonstrating the far-reaching consequences of illegal pesticide use.

Pohlman ultimately pled guilty to both charges. While the financial penalties may seem minimal, the case serves as a stark reminder that intentionally using pesticides to kill wildlife carries significant legal repercussions. The EPA continues to aggressively pursue enforcement actions against individuals who disregard federal regulations and endanger both the environment and protected species.

Table of Contents

Key Facts

Defendant: Gary Michael Pohlman
Location: Kentucky
Year: 2003
Crime: Illegal use of Carbofuran pesticide resulting in the death of a red-tailed hawk.
Statutes Violated: 7 U.S.C. 136j(a)(2)(G) (FIFRA), 16 U.S.C. 703 & 707(a) (Migratory Bird Treaty Act)
Penalty: $1,500 federal fine and $15 special assessment fee.
Carbofuran is a highly toxic pesticide banned for most uses in the United States due to its harmful effects on wildlife.

Source: EPA ECHO Enforcement Case Database

Related Federal Cases