An Alaska commercial fisherman is facing a six-month prison sentence after being found guilty of falsifying fishing records and illegally taking a sperm whale, violating the Endangered Species Act.
In a case investigated by the NOAA Office of Law Enforcement, Dugan Paul Daniels was found to have submitted false records about his commercial fishing activities to make it appear that he lawfully caught sablefish (black cod) in federal waters on two separate occasions. The investigation revealed he harvested the fish illegally in State of Alaska waters. The total market value of the illegally harvested fish was $127,528.
Court documents showed that he and three crew members were fishing for sablefish southwest of Yakobi Island in the Gulf of Alaska when they came upon a sperm whale. During the encounter, Daniels knowingly tried to take the endangered sperm whale by having a crewman shoot the whale multiple times and by trying to ram the whale with his fishing vessel.
Daniels documented the encounter in writing and through text messages sent from a GPS communication device. Some of the messages stated he wished he ‘had a cannon to blow’ the whale out of the water and that he hoped ‘to be reeling in a dead sperm whale.’
It is not known if he succeeded in killing the whale, as no sperm whale carcass was reported in Southeast Alaska in 2020.
Daniels pleaded guilty to one count of Lacey Act violation for false labeling and one count of Endangered Species Act violation for an illegal take. In handing down the sentence, the Court called Daniels’ actions ‘deliberate’ and emphasised Daniels’ 20 years of experience as a commercial fisherman and the importance of deterring others from similar conduct because of the threat it poses to the sustainability of Alaska’s marine resources.
At sentencing, the Court also ordered Daniels to pay a $25,000 fine and serve three years on supervised release, with a one-year commercial fishing ban while on supervised release and 80 hours of community work service as special release conditions.
‘Though he had been a fisherman for over twenty years, Mr. Daniels showed a blatant disregard for endangered animals, the laws that protect them and the regulation of commercial fishing,’ said U.S. Attorney Michael J. Heyman of the District of Alaska.
‘Let this sentence serve as an example that these violations will not go unpunished. Falsifying recordkeeping and reporting documents has a direct effect on sustainable fishery management and interferes with Alaska’s ability to ensure species are not overfished. Our office, in collaboration with our wildlife law enforcement partners, is committed to holding all individuals to the same standards and will continue to seek criminal sanctions for wildlife crimes.’
