Oxford, MS – A Mississippi man has been sentenced for the illegal and deadly misuse of a highly toxic pesticide, resulting in the death of a protected bird of prey. Kenneth Edwards, of an undisclosed location in Mississippi, pleaded guilty in July 2016 to federal charges related to the unlawful application of the pesticide Aldicarb and the subsequent death of a red-tailed hawk.
The case originated with a complaint to the Mississippi Department of Agriculture and Commerce (MDAC) concerning a possible animal poisoning. Investigators from the MDAC’s Bureau of Plant Industry discovered evidence suggesting Edwards had intentionally contaminated a calf carcass with Aldicarb – a pesticide not approved for use as an animal poison – in a misguided attempt to control coyote populations. The investigation quickly broadened to involve the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) and the U.S. Fish and Wildlife Service (USFWS), Office of Law Enforcement.
Federal authorities determined Edwards’ actions constituted a clear violation of both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Migratory Bird Treaty Act (MBTA). Aldicarb is known to be highly toxic to a wide range of non-target species, including fish, birds, and other wildlife. The red-tailed hawk, a protected migratory bird, consumed the poisoned carcass and succumbed to the pesticide’s effects, triggering the MBTA violation. The intentional and illegal use of a restricted-use pesticide, outside of labeled applications, presents significant environmental and public health risks, according to EPA officials.
Legal Ramifications & Penalties
Edwards was sentenced on July 28, 2016, in U.S. District Court for the Northern District of Mississippi. He was ordered to pay a total of $5,000 in fines. In addition to the monetary penalty, Edwards was directed to provide $5,000 in restitution to Mississippi Wildlife Rehabilitation, Inc. to offset the loss of the protected hawk. He was also required to reimburse the Mississippi State Chemical Lab $770.07 for the costs incurred during the investigation. Perhaps most significantly, Edwards permanently surrendered his private applicator’s certification, effectively barring him from legally applying pesticides in the future.
A Joint Investigative Effort
The successful prosecution of this case was a result of a coordinated effort between multiple agencies. The MDAC initiated the investigation, and the EPA-CID and USFWS provided crucial expertise and resources to build a solid case. “The Mississippi Department of Agriculture and Commerce continues to work with federal, state and local agencies to ensure the safe use of pesticides in Mississippi,” a statement from MDAC read. Officials emphasized the importance of adhering to pesticide labeling instructions and reporting any suspected misuse to the appropriate authorities.
Key Facts
- Defendant: Kenneth Edwards
- Crime: Illegal pesticide use & killing a migratory bird
- State: Mississippi
- Year: 2016
- Pesticide Used: Aldicarb
- Victim: Red-tailed hawk
- Statutes Violated: 7 U.S.C. 136(2)(G); 16 U.S.C. 703
- Penalties: $5,000 fine, $5,000 restitution, $770.07 lab costs, loss of applicator certification
This case serves as a stark reminder of the potential consequences of misusing pesticides and the importance of protecting both human health and the environment. Authorities urge anyone with information about potential pesticide violations to contact the EPA or their state’s agriculture department.
Source: EPA ECHO Enforcement Case Database
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