Nathan Lee, Lacey Act and Marine Mammal Protection Act Violations, California 2010

San Clemente Island, CA – Nathan Lee, captain of the fishing vessel Two Captains, has been sentenced to three years’ probation and a $500 fine following a guilty plea to federal charges stemming from an illegal fishing expedition and the subsequent harming of a marine mammal. The case, brought by the Environmental Protection Agency (EPA) and investigated with the assistance of the U.S. Coast Guard, highlights ongoing issues with illegal fishing practices and wildlife endangerment in protected waters.

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 securing the necessary permits required by Mexican law. The vessels ventured over a hundred miles into Mexican waters near Guadalupe Island to conduct the unlawful fishing. This action violated the Lacey Act, specifically 16 U.S.C. 3372(a)(2)(A), which prohibits the import, export, transport, or sale of fish taken in violation of any law or regulation.

The illegal fishing wasn’t the only charge leveled against Lee. While anchored off San Clemente Island during the same trip, Lee allegedly discharged a rifle, injuring a sea lion. This act constituted a violation of the Marine Mammal Protection Act, 16 U.S.C. 1372(a)(2)(A), which protects marine mammals from unlawful taking – including harm and harassment – within U.S. jurisdiction. Investigators noted that Lee had previously been warned by the U.S. Coast Guard in 2008 about the illegality of fishing in Mexican waters without proper permits, and that both vessels were equipped with functional navigation systems confirming their location within prohibited areas.

Hawkins, captain of the Jody H, also pleaded guilty to the Lacey Act violations and received the same sentence as Lee: three years of probation and a $500 fine. The relatively lenient sentencing has raised some eyebrows among conservation groups, who argue that penalties for such offenses should be more substantial to deter future illegal activity. Representatives from the EPA stated that the sentencing reflects the specific circumstances of the case, but emphasized the agency’s commitment to prosecuting violations of environmental laws.

Table of Contents

Key Facts

Defendant: Nathan Lee
Crime: Illegal Fishing & Marine Mammal Harm
Location: Mexican Waters & Off San Clemente Island, CA
Date of Offense: June 2010
Statutes Violated: 16 U.S.C. 3372(a)(2)(A) (Lacey Act), 16 U.S.C. 1372(a)(2)(A) (Marine Mammal Protection Act)
Penalty: 36 months probation & $500 fine
Vessels Involved: Two Captains & Jody H

The case underscores the importance of adhering to international fishing regulations and respecting marine wildlife. Federal authorities continue to patrol coastal waters and work with international partners to combat illegal fishing and protect endangered species. GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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