Nathan Lee, Lacey Act Violation, California 2011

SAN CLEMENTE ISLAND, CA – Nathan Lee, captain of the fishing vessel Two Captains, has been sentenced to three years of probation and a $500 fine following a guilty plea to federal charges stemming from illegal fishing activities and the malicious harming of a marine mammal. The case, brought forth by the Environmental Protection Agency (EPA) and investigated with the assistance of the U.S. Coast Guard, highlights ongoing efforts to combat illegal fishing practices and protect vulnerable wildlife.

According to court documents, Lee, along with Scott Hawkins, captain of the Jody H, illegally fished approximately 800 pounds of albacore tuna in Mexican waters in June 2010, without possessing the required permits under Mexican law. This brazen disregard for international fishing regulations occurred despite a prior warning from the U.S. Coast Guard in 2008, informing Lee that such activity was unlawful. Both captains admitted to utilizing fully functional navigation equipment that clearly indicated their location well within Mexican territorial waters – over 100 miles off Guadalupe Island.

The violation falls under the Lacey Act, a powerful federal law prohibiting the import, export, transport, or sale of illegally obtained fish or wildlife. Specifically, the captains violated 16 U.S.C. 3372(a)(2)(A), which addresses the unlawful possession and transportation of illegally harvested resources. The EPA’s criminal enforcement division takes these violations seriously, as they undermine sustainable fishing practices and can have devastating impacts on marine ecosystems.

Adding to the severity of the charges, Lee further confessed to shooting and injuring a sea lion with a rifle while anchored off San Clemente Island during the same fishing expedition. This act constitutes a clear violation of the Marine Mammal Protection Act, 16 U.S.C. 1372(a)(2)(A), which protects all marine mammals within U.S. jurisdiction. The intentional harm to protected species carries significant penalties, reflecting the importance of preserving these animals and their habitats.

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Key Facts

Defendant: Nathan Lee (and Scott Hawkins)
Location: Mexican Waters & Off San Clemente Island, CA
Date of Offense: June 2010
Charges: Lacey Act violations & Marine Mammal Protection Act violation
Illegal Activity: Fishing without permits in Mexican waters; Shooting a sea lion
Penalty: 36 months probation and a $500 fine per defendant

The sentencing of Lee and Hawkins, handed down on June 28, 2011, sends a strong message that illegal fishing and the harming of protected marine life will not be tolerated. While the penalties in this case may seem relatively light, authorities emphasize that the conviction and probationary period serve as a deterrent to others who might consider engaging in similar unlawful behavior. The EPA continues to work with international partners to enforce fishing regulations and protect our shared marine resources. GrimyTimes will continue to follow this case and report on further developments.

Source: EPA ECHO Enforcement Case Database

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