Boat Captain Admits Firing at Sea Lions

The captain of a sportfishing boat pleaded guilty Tuesday in San Diego to violating the federal Marine Mammal Protection Act by firing a rifle at two California sea lions during a fishing trip last month.

Under an agreement with federal prosecutors, Blaine Noel Hughes, 33, pleaded guilty to one misdemeanor count of violating the act while on an excursion near San Clemente Island on Oct. 22. He was sentenced to two years’ supervised probation by federal U. S. Judge Barry Ted Moskowitz and ordered to perform 240 hours of community service, part of which must directly serve the California sea lion.

Hughes was charged after two of the 15 passengers on his boat, the Long Fin, reported to the National Marine Fisheries Services that Hughes had fired shots at the sea lions twice during the fishing trip. Officials executed a search warrant and found a .22-caliber Marlin rifle on Hughes’ boat, Asst. U. S. Atty. Melanie K. Pierson said.

Hughes told prosecutors he fired the shots to frighten the sea lions, which are an irritant to the sportfishing industry because they reportedly can steal a fish off an angler’s hook.

But Pierson noted that permits are available that allow fishermen to toss non-lethal “seal bombs” and other explosive devices that effectively scare off sea lions and other mammals.

“The law allows sea lions to take fish off a fisherman’s line. That’s their natural inclination--to eat--and the passengers are just making it easier for them,” Pierson said. “If Mr. Hughes had obtained a permit, he could have fired off a few seal bombs.”

Although the complaining passengers said Hughes had struck the sea lions when firing the rifle, the boat captain denied that and it was not made a part of his plea agreement with the government.

Moskowitz scheduled another hearing for Jan. 9 to determine what Hughes will do as penance for harassing the sea lions. Pierson said he may be required to volunteer on sea lion-related projects at Scripps Institution of Oceanography or at Sea World.

The Marine Mammal Protection Act of 1972 prohibits the “taking” of any mammal on the high seas or in the territorial waters of the United States. Taking is defined as harassing, hunting, capturing or killing--or attempting to do any of those things--without a permit.

Hughes’ case represents the second conviction for a violation of the Marine Mammal Protection Act in San Diego in eight months. In July, a tuna boat captain, Emanuel Terzoli, was found guilty of shooting at a protected species of bottlenose dolphin and sentenced to two months in jail. Terzoli, 49, was also fined $1,000.

“I certainly hope we’re not seeing a trend,” Pierson said. “I think it takes some courageous passengers to come forward with this information. And, when we receive these complaints, we will not hesitate to go forward with prosecutions.”