Jail Term for Dolphin Shooting : S.D. Tuna Boat Captain Gets 2-Month Sentence, $1,000 Fine

A tuna boat captain convicted of shooting at a protected species of bottlenose dolphin was sentenced Friday to two months in jail and fined $1,000 by a federal magistrate.

Emanuel Terzoli, 49, of San Diego was allowed to remain free on $10,000 bail until Aug. 29, when he was ordered to surrender to authorities to begin his term in custody.

Terzoli was convicted June 3 of violating the federal Marine Mammal Protection Act of 1972 when he shot at some dolphins during a December fishing voyage near the Gulf of Tehuantepec in southern Mexico.

His attorney, Christopher Schatz, urged that Terzoli be spared time in jail and asked the court instead to grant him probation. Schatz also asked that Terzoli serve his sentence in a halfway house, but U. S. Magistrate Roger McKee denied all the defense attorney’s requests.

Assistant U. S. Atty. Melanie Pierson asked for a six-month jail term and a $6,000 fine for the misdemeanor offense.

In an interview after Friday’s hearing, another of Terzoli’s attorneys, Ramon Castro, said he was disappointed with the sentence.

“I thought the sentence was very unfair, and the 60 days was uncalled-for. There’s absolutely no need to incarcerate this man,” Castro said. “This man has been a law-abiding, hard-working citizen.”

The key witness against Terzoli was Paul Sawyer, 25. Sawyer is a National Marine Fisheries Service observer who was stationed on board Terzoli’s boat, the Sea Hunter, to monitor accidental porpoise kills during fishing.

Sawyer testified during the trial that he saw Terzoli shoot at some dolphins near fish he was attempting to catch. He said he saw a six-inch slick of blood after the dolphins disappeared. Sawyer also testified that he overheard Terzoli admit to a crewman that he had shot some dolphins because he saw the blood in the water.

Terzoli testified that he shot at the dolphins to scare them, but failed to hit any of them.

Schatz, meanwhile, argued that there was no proof that any dolphins were actually shot. He said blood in the water could have come from a shark attack.

“It’s an unknown, and I do not think that unknown should be held against Mr. Terzoli,” Schatz said.

The prosecutor, however, urged McKee to impose the jail sentence as a deterrent to others.

“The entire community is watching what this court does,” Pierson said.

When asked if he wanted to speak, the tuna boat captain said: “Well, I’m sorry this has happened, your honor.”

“That’s it?” the magistrate said.

Pierson suggested that the magistrate ban all firearms on Terzoli’s boat, but McKee said a boat captain might have to have guns on a ship for various reasons.