JUNEAU, Alaska – A Southeast Alaska commercial fisherman was sentenced today to six months in prison for falsifying fishing records in violation of the Lacey Act and illegally taking a sperm whale in violation of the Endangered Species Act.

According to court documents, between October and November 2020, Dugan Paul Daniels, 55, of Coffman Cove, knowingly submitted false records about his commercial fishing activities to make it appear that he lawfully caught sablefish, aka “black cod,” in federal waters on two separate occasions. An investigation revealed he harvested the fish illegally in State of Alaska waters, specifically, in Chatham Strait and Clarence Strait, respectively. The total market value of the illegally harvested fish was $127,528.

Court documents further explain that, in March 2020, Daniels 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. Court documents detail that the term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. 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.”

Court documents explain that the National Oceanic and Atmospheric Administration (NOAA) does not know if Daniels succeeded in killing the whale, as no sperm whale carcass was reported in Southeast Alaska in 2020.

On June 6, 2024, 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 emphasized 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 20 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.”

“Mr. Daniels believed that he could use deception to escape the consequences of his actions,” said Benjamin Cheeseman, Assistant Director of NOAA’s Office of Law Enforcement, Alaska Division. “Anyone who violates the laws that protect Alaska’s marine resources will face serious repercussions. We remain committed to holding individuals accountable for these offenses.”

The National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement investigated the case.

Assistant U.S. Attorney Ainsley McNerney and Andrea Hattan, Special Assistant U.S. Attorney/NOAA Office of General Counsel Enforcement Attorney, prosecuted the case.

  Alaska, black cod, illegal, juneau, lacy-act, sablefish, sentencing, sperm, whale