William W. Lowery IV, Lacey Act Violation, Virginia 2013

A Virginia charter fishing boat captain is facing prison time and a hefty fine after pleading guilty to trafficking in illegally-harvested striped bass, violating the Lacey Act.

William W. Lowery IV, 44, of Tappahannock, Va., admitted to taking a charter fishing trip into the Exclusive Economic Zone (EEZ) on Jan. 15, 2010, to fish for striped bass, knowing it was illegal to do so.

When Lowery’s boat, the Anna Lynn, was approached by law enforcement, he attempted to flee. Law enforcement officers observed a plastic trash barrel with 13 Striped Bass floating in the water near the Anna Lynn, which had been thrown overboard during the pursuit.

The Lacey Act makes it unlawful for any person to import, export, transport, sell, receive, acquire or purchase any fish and wildlife taken, possessed, transported or sold in violation of any law or regulation of the United States, or to attempt to do so.

Under the Lacey Act, it is a ‘sale’ of fish or wildlife for any person, for money or other consideration, to offer or provide guiding, outfitting, or other services.

Lowery was indicted on Nov. 8, 2012, by a federal grand jury on one count each of violating the Lacey Act and Destruction of Evidence.

He faces a maximum penalty of one year in prison, a $100,000 fine, and one year of supervised release.

As part of his plea agreement, Lowery has agreed to serve 30 days in jail, pay a $5,000 fine and $1,300 in restitution to the National Oceanic and Atmospheric Administration (NOAA) for the illegally-harvested striped bass, and surrender his captain’s license for life.

He is scheduled to be sentenced on May 9, 2013.

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