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FISCAL YEAR: 2012
1. PRINCIPAL DEFENDANT: Lawrence C. Parawan, Jr.
E.D.  Tennessee  4:11-CR-23


On January 1, 2011, the U.S. Fish and Wildlife Service (FWS) informed EPA-CID that Parawan had illegally used Carbofuran, which was marketed, sold and distributed under the trade name Furadan, in a manner inconsistent with its labeling, specifically, as bait, by placing a chicken carcass coated with carbofuran on his property. This use resulted in the taking of a Northern Harrier hawk, protected by federal law, two coyotes, a dog and a skunk.

Parawan admitted to applying the carbofuran on the chicken carcass and told agents that he received the chemical from a man in Kentucky who provided it to him in a vial.



August 2, 2011
Parawan was charged with one count of violating FIFRA {7 U.S.C. 136j(a)(2)(G) - use of a registered pesticide in a manner inconsistent with its labeling} and one count of the MBTA {16 U.S.C. 703 - Taking, killing, or possessing migratory birds unlawful}.

CITATION: 16 U.S.C. 703, 7 U.S.C. 136J(a)(2)(G)
October 17, 2011
He pled guilty to both charges.


Press Release
Eastern District of Tennessee
FOR IMMEDIATE RELEASE
October 17, 2011

LAWRRENCE PARAWAN PLEADS GUILTY TO MISUSE OF PESTICIDE AND UNLAWFUL KILLING OF A MIGRATORY BIRD

CHATTANOOGA, Tenn.-- Lawrence Parawan, 57, of Wartrace, Tenn., pleaded guilty today in the e U.S. District Court for the Eastern District of Tennessee at Chattanooga, to the misuse of a pesticide known as carbofuran,, and the unlawful killing of a migratory bird. Sentencing has been set for January 330, 2012, in U.S. District Court in Chattanooga.

Parawan faces a term of six months in prison for killing a migratory bird and 30 days in prison for misuse off the pesticide carbofuran. He also faces a fine of up to $15,0000 and up to one year of supervised release.

In December 2010, Parawan laced a chicken carcass with the pesticide called carbofuran which is known commercially as Furadan. Parawan placed the poisoned carcass in the open on his Bedford County, Tenn., farm intending to kill predators of his chicken farm. In all forms within the United States, by federal regulation, carbofuran is packaged with labels that contain use restrictions. Lacing a chicken carcass intending to poison wildlife is inconsistent with the use restrictions on all carbofuran labels. Several animals that came in contact with the chicken carcass were killed, including opossums, a skunk, coyotes and a neighbor’s dog. The defendant also killed a Northern Harrier Hawk (Circus Cyaneus) with the poisoned chicken carcass. The U.S. Department of the Interior, Fish and Wildlife Service in Ashland, Ore., performed an laboratory examination of thee Harrier Hawk and determined that the hawk’s carcass contained carbofuran and, based on the lethality of carbofuran, had died due to being poisoned by carbofuran. The Northern Harrier Hawk is a protected bird under the Migratory Bird Treaty Act.

U.S. Attorney Bill Killian stated, “Intentional misuse of pesticides, especially when it results in the death of protected or endangered wildlife is a serious offense. I commend the cooperative efforts of the local, state and federal investigating agencies involved for their efforts in obtaining a successful outcome in this case.”

On August 2, 2011, a two-count information, which included the aforementioned charges, was filed by the U.S. Attorney’s Office against Parawan. This information was the result of an ongoing investigation by Bedford County Sheriff’s Department, Tennessee Wildlife Resource Agency, U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, Criminal Investigation Division and Tennessee Department of Agriculture Regulatory Services. James T. Brooks, Assistant U.S. Attorney represented the United States.

January 30, 2012
Parawan was sentenced to 24 months probation on each count, to be served concurrently, ordered to perform 80 hours of community service, pay a $500 federal fine and a $50 special assessment.

STATUTE:
  • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
  • Migratory Bird Treaty Act (MBTA)

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