DAYTON, OH – A Clermont County farmer has been sentenced for deliberately poisoning birds on his leased farmland, resulting in the deaths of 16 migratory birds. Richard A. Bee, 56, of Batavia, Ohio, pleaded guilty to federal charges related to the misuse of a restricted pesticide and violations of the Migratory Bird Treaty Act.
According to court documents, Bee intentionally laced corn with Furadan, a highly toxic pesticide, and scattered it across his fields near Bethel, Ohio, in April of 2008 and 2009. His motive, authorities say, was to eliminate birds that were consuming newly planted seeds. On June 1, 2009, investigators discovered 16 deceased birds near Bee’s bait stations. Species identified among the dead included Canada Geese, American Crows, Mallard Ducks, Mourning Doves, a Red-tailed Hawk, and others too decomposed for positive identification.
Deliberate Poisoning Scheme
The case, investigated by the U.S. Fish and Wildlife Service and the U.S. Environmental Protection Agency (EPA), revealed a calculated effort to circumvent federal regulations. Bee’s actions directly violated the labeling instructions for Furadan, which explicitly prohibit its use in a manner intended to kill wildlife. The EPA emphasizes that Furadan is a potent neurotoxin, capable of causing fatal effects to any animal that ingests it. The deliberate nature of Bee’s actions elevated the severity of the offense, prompting federal prosecution.
Legal Ramifications and Penalties
On June 3, 2010, U.S. Magistrate Judge Michael R. Merz sentenced Bee to one year of probation and a substantial financial penalty. He was ordered to pay an $18,750 federal fine and an additional $6,250 in community service to the Animal Rescue Fund, Inc., a shelter near Amelia, Ohio. Bee was found guilty of two misdemeanor counts of violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) – specifically 7 U.S.C. 136j (a)(2)(G) – for the improper use of a registered pesticide. He also pleaded guilty to two misdemeanor counts of violating the Migratory Bird Treaty Act (16 U.S.C. 703), which protects migratory birds from illegal killing, possession, or harm.
A Warning from Federal Authorities
Randall K. Ashe, Special Agent in Charge of the U.S. EPA, issued a statement emphasizing the dangers of improper pesticide use. “This case is an unfortunate example of why toxic pesticides are restricted in their use and application,” Ashe said. “Furadan has the ability to kill anything that ingests it.” U.S. Attorney Carter M. Stewart lauded the collaborative investigation, highlighting the combined efforts of the Fish and Wildlife Service, EPA investigators, the Ohio Department of Natural Resources, and the Ohio Bureau of Criminal Identification and Investigation.
Key Facts
- Defendant: Richard A. Bee, 56, Batavia, Ohio
- Crime: Illegal use of pesticide resulting in bird deaths
- Location: Bethel, Ohio
- Date of Offense: April 2008 – June 2009
- Pesticide Used: Furadan
- Birds Killed: 16 migratory birds (including Canada Geese, Mallard Ducks, and a Red-tailed Hawk)
- Laws Violated: 7 U.S.C. 136j (a)(2)(G) (FIFRA), 16 U.S.C. 703 (Migratory Bird Treaty Act)
- Sentence: 1 year probation, $18,750 fine, $6,250 community service to Animal Rescue Fund
This case serves as a stark reminder of the severe legal consequences associated with the misuse of pesticides and the intentional harm to protected wildlife. Federal authorities continue to prioritize the enforcement of environmental regulations to safeguard both public health and the nation’s natural resources.
Source: EPA ECHO Enforcement Case Database
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