Bird deaths probe in Wythe County

Nate Hubbard
The Wytheville Enterprise
Published: March 25, 2008

The U.S. Fish and Wildlife Service and the Virginia Department of Game and Inland Fisheries are investigating the death of nearly 40 migratory birds found dead in late February on property near Fish Hatchery Road in Max Meadows.
According to a search warrant affidavit, landowner Adam Musick discovered approximately 30 mallard ducks, six Canada geese and one red wing blackbird dead on his property.
Musick, who could not be reached for comment, indicated to the investigating U.S. Fish and Wildlife Service agent that the birds regularly flew onto his land from nearby property belonging to James Hilton.
The affidavit states that Hilton does not live on his property, but has several employees who manage cattle farming operations on-site and one person who lives in a camper on the grounds.
On March 11, Conservation Police Officer W.J. Harris executed the search warrant in three “barn type structures” on Hilton’s property, located just off Interstate 77, and seized items including a 5-gallon bucket of corn mixed with an unknown substance, two empty Warbex cans, one full Warbex can and two unidentified feathers.
Warbex is a product containing the liquid form of the chemical famphur, designed to be applied externally on cows to treat grubs and reduce lice infestation. The U.S. Food and Drug Administration, which regulates Warbex as an animal drug, has issued warnings that wild birds have been killed by both the proper and improper use of the product.
The FDA release states that Warbex often is used improperly by soaking grain in the liquid and using the contaminated bait to poison birds, rodents or predators.
The affidavit also states that both investigating officers know Warbex as a “lethal substance to migratory birds.”
Lt. Rex Hill of the VDGIF said during a phone interview Friday afternoon that the case remains under investigation. He said a lab is in the process of testing the unknown substance found mixed with the corn and that no one has been charged at this time.
Hill also said the recovered dead birds are undergoing tests.
If the investigation determines that the birds were poisoned, Hill said charges likely would be brought in federal court. The three types of birds found dead all are protected by the federal Migratory Bird Treaty Act.
“Any time you’re dealing with poison cases, a lot of things can happen,” Hill said, adding that poisoned bait or poisoned animals themselves can enter the food chain by being eaten by untargeted animals. “You can see how it escalates.”
In August 2000, a Rural Retreat dairy farmer pleaded guilty in U.S. District Court to one misdemeanor count of killing migratory birds. The farmer killed approximately 800 birds, including red wing blackbirds, grackles and one meadowlark, in March 1999 using cracked corn laced with Warbex.
He was forced to pay a $1,000 fine and $5,000 in restitution to the U.S. Fish and Wildlife Service.
Violators of the Migratory Bird Treaty Act can be imprisoned for up to six months and charged fines of up to $15,000.
Nate Hubbard can be reached at 228-6611 or .