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Man accused of kicking seagull that tried to eat his cheeseburger fined $124

A seagull pictured on a beach. Richard Palmer via Getty Images

A man accused of kicking a seagull that made off with his cheeseburger on a New Hampshire beach has been fined $124 for an incident he says was nothing more “than a simple mistake.”

Speaking with NH1 News, Nate Rancloes said he was simply trying enjoy a burger and fries with his daughter at the beach last month, when a seagull made a move for his food.

“I had just gotten back from getting a cheeseburger and fries. I was sitting on the sand,” the decorated war vet said. “Seagulls got to my burger, and while still sitting in the sand, I spun around in a circle with my leg out to shoo it away, and unfortunately, did strike the seagull hard.

READ MORE: Australian restaurant hands out water pistols to ward off seagulls

“It was a one in a million bad luck kick that couldn’t be repeated,” Rancloes said.

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A bystander said the bird’s leg appeared to have been injured and the seagull struggled to fly, NH1 reported.

WATCH: Patrons at an Australian restaurant were given water guns to fend off seagulls while they sat on the patio.

Click to play video: 'Water pistols used at restaurant to ward off seagulls'
Water pistols used at restaurant to ward off seagulls

New Hampshire Fish and Game Lt. Adam Cheeney told the news outlet he investigated the incident by speaking with the accused and at least one other witness. Cheeney said the witness corroborated the man’s account of the kick being accidental.

“There was no culpable mental state that occurred,” Eastman told NH1. “He didn’t stomp on it. He hit the second bird with his foot.”

READ MORE: Dead seagull found, crabs euthanized following NS Power oil spill

However, because seagulls are protected under federal law, the department moved forward with the fine, Cheeney explained.

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Rancloes apologized for the incident, saying it was “no more than a simple mistake.”

“If I intentionally hurt the seagull in front of hundreds of witnesses, I would perhaps be the dumbest criminal ever,” he said.

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