Kenneth Ray Nelson, Violating Migratory Bird Treaty Act, Tennessee 2009

Nashville, TN – A Tennessee man has been penalized for deliberately poisoning birds and other wildlife using a highly restricted pesticide, according to court documents unsealed this week. Kenneth Ray Nelson, of an undisclosed location in Tennessee, was sentenced in July 2009 following a complex legal battle that spanned several months.

The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed a disturbing pattern of intentional wildlife killings. Nelson strategically placed carbofuran, a potent pesticide banned for many uses due to its toxicity, on raised platforms mixed with bird seed. This setup was designed to lure birds, who would then ingest the poison. He further compounded the offense by mixing carbofuran with pieces of meat, attracting and poisoning a broader range of wildlife.

Nelson was initially charged in January 2009 with one count of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically 7 U.S.C. 136j(a)(2)(F) and 13gl(b)(1)(B) – for the illegal use of a restricted pesticide. He also faced a charge under the Migratory Bird Treaty Act (16 U.S.C. 703, 707(a)), a federal law protecting migratory bird populations.

The legal proceedings were bifurcated. In April 2009, Nelson pled guilty to the charge of violating the Migratory Bird Treaty Act. A subsequent bench trial was held on the FIFRA charge. While the court determined Nelson was not a commercial pesticide applicator, he *was* found guilty as a private applicator, making him liable for improper pesticide usage. The distinction is important as sentencing guidelines differ between commercial and private application.

The EPA’s prosecution highlighted the dangers of improper pesticide application and the devastating consequences for wildlife. Carbofuran is known for its high toxicity to birds and mammals, and even small amounts can be lethal. The agency routinely pursues criminal charges against individuals who intentionally misuse pesticides, especially when it results in the death of protected species.

Ultimately, on July 15, 2009, Nelson was sentenced to pay a $5,000 federal fine. While the fine represents a financial penalty, investigators hope it will also serve as a deterrent to others considering similar illegal activities. The case underscores the EPA’s commitment to enforcing environmental laws and protecting vulnerable wildlife populations from intentional harm.

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Key Facts

Defendant: Kenneth Ray Nelson
State: Tennessee
Year: 2009
Crime: Illegal poisoning of wildlife with carbofuran.
Statutes Violated: 7 U.S.C. 136j(a)(2)(F), 16 U.S.C. 703, 707(a)
Penalty: $5,000 federal fine
Method: Nelson mixed carbofuran with birdseed and meat to attract and kill birds and other wildlife.
Note: Nelson was found not guilty of being a commercial applicator but guilty as a private applicator under FIFRA.

Source: EPA ECHO Enforcement Case Database

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