Tuna Boat Skipper Faces Year in Jail, Fine : Fisherman Guilty of Shooting Dolphin

A tuna boat captain was found guilty by a federal jury Friday of shooting at a protected species of porpoise during a fishing voyage.

In a trial that began Wednesday, a U.S. District Court jury deliberated about 2 1/2 hours before finding Emanuel Terzoli, 49, of San Diego guilty of violating the Marine Mammal Protection Act of 1972, a misdemeanor offense.

Magistrate Roger McKee set sentencing for July 29. Terzoli could receive one year in jail and a $20,000 fine.

“I’m very, very disappointed,” said one of Terzoli’s attorneys, Ramon Castro. “I think it was the wrong verdict, absolutely the wrong verdict.”

Paul Sawyer, 25, a National Marine Fisheries Service observer who was aboard Terzoli’s boat to monitor the number of dolphins accidentally killed during fishing operations, was the prosecution’s main witness.

Sawyer testified he saw Terzoli fire a high-powered rifle at bottlenose dolphins Dec. 3 off Mexico’s Gulf of Tehauntepec.

“As they surfaced, he would take aim and fire,” Sawyer said.

Sawyer said he then saw a red slick appear after the dolphins disappeared and that he assumed it was blood. He testified that he later heard the captain tell a crew member: “I got a couple of them. I saw the blood.”

Terzoli testified he did fire at some dolphins to scare them away from the tuna but that none were hit.

Another of Terzoli’s attorneys, Christopher Schatz, argued Friday that Sawyer made his allegations after the captain said he would give Sawyer a poor rating. Schatz said Terzoli believed that Sawyer was lazy, had often slept late, had failed to record water temperatures, and had violated his agency’s own rules.

In April, another judge dismissed three felony charges of making false statements lodged against Terzoli. The charges alleged Terzoli had lied during the subsequent investigation.

Terzoli is free on $10,000 bail.