Letcher, SD – A South Dakota man has been sentenced to federal prison for the illegal poisoning of wildlife, including a protected bald eagle. Theodore Nelson, Jr., 69, of Letcher, received an eight-month sentence on September 27, 2016, following a two-day jury trial in April that found him guilty of unlawful taking of a bald eagle and unlawful use of pesticide.
According to court documents, Nelson intentionally injected the highly toxic pesticide Carbofuran, known as Furadan 4F, into the carcasses of deceased cows on his Sanborn County property between January 1, 2015, and May 12, 2015. His aim was to kill predators, specifically coyotes, but the practice resulted in a devastating ripple effect through the local ecosystem.
Investigators from the U.S. Fish and Wildlife Service, the Environmental Protection Agency (EPA), and the South Dakota Department of Game, Fish and Parks determined that both coyotes and an adult bald eagle died as a direct result of Carbofuran poisoning. The eagle’s death was confirmed through laboratory analysis conducted by the National Fish & Wildlife Forensic Laboratory in Ashland, Oregon, which found the pesticide present in its system after consuming the poisoned coyote carcasses. The use of Carbofuran as bait is strictly prohibited due to its extreme toxicity to wildlife.
Legal Ramifications
Nelson violated several federal statutes, including 7 U.S.C. 136j(a)(2)(G), pertaining to the Federal Insecticide, Fungicide, and Rodenticide Act, and 16 U.S.C. 668(a), relating to the protection of bald eagles and other migratory birds. He received eight months in custody for the eagle violation, with six months concurrent to a prior federal tax evasion sentence and two months consecutive, along with one year of supervised release and $2,500 in restitution. An additional 30 days in custody was imposed for the pesticide violation, to run concurrently with the other sentence. Nelson was also ordered to pay a $35 assessment to the Federal Crime Victims Fund for each offense.
A Dangerous Practice
“The purposeful misapplication of a pesticide like Furadan 4F to kill coyotes and other predators can be devastating to all wildlife up and down the food chain, including eagles,” stated Dan Rolince, Assistant Special Agent in Charge of the U.S. Fish and Wildlife Service Mountain-Prairie Region. Jeffrey D. Martinez, Special Agent in Charge of EPA’s criminal enforcement program in South Dakota, added that Nelson’s actions “intentionally and illegally used a restricted use pesticide as bait, which put people, wildlife and the environment at risk.”
Key Facts
- Defendant: Theodore Nelson, Jr.
- Location: Letcher, South Dakota
- Crime: Illegal poisoning of wildlife, including a bald eagle, with Carbofuran (Furadan 4F).
- Statutes Violated: 7 U.S.C. 136j(a)(2)(G), 16 U.S.C. 668(a)
- Sentence: 8 months imprisonment (eagle violation) + 30 days (pesticide violation), $2,500 restitution, supervised release.
- Date of Sentencing: September 27, 2016
United States Attorney Randolph J. Seiler emphasized the commitment of federal authorities to protecting eagles and wildlife in South Dakota, vowing to continue prosecuting those who “intentionally and recklessly kill eagles and other protected wildlife.” The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Source: EPA ECHO Enforcement Case Database
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