BRYAN SCHRODER

United States Attorney

ANDREA T. STEWARD
Assistant U.S. Attorney
Federal Building & U.S. Courthouse
222 West Seventh Avenue, #9, Room 253
Anchorage, Alaska 99513-7567
Phone: (907) 271-5071
Fax: (907) 271-1500
Email: aunnie.steward@usdoj.gov

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ALASKA

UNITED STATES OF AMERICA, )

) COUNT 1:
Plaintiff, ) CONSPIRACY
) Vio. of 18 U.S.C. § 371
vs. )
) COUNT 2:
JON NICHOLS AND THEODORE ) MARINE MAMMAL PROTECTION
“TEDDY” TURGEON, ) ACT- ILLEGAL TAKE
) Vio. of 16 U.S.C. §§ 1372(a)(2)(A),
Defendants. ) 1375(b).
)
) COUNT 3:
) ENDANGERED SPECIES ACT –
) ILLEGAL DISCHARGE OF A
) FIREARM
) Vio. of 16 U.S.C. §§ 1538(a)(1)(G),
) 1540(b); and 50 C.F.R.
) § 224.103(d)(1)(i);
)
) COUNT 4:
) OBSTRUCTION OF MMPA
) INVESTIGATION
) Vio. of 16 U.S.C. §§ 1373 and 1375(b)
) and 50 C.F.R. § 216.17
)

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 ) COUNT 5:
) FALSE STATEMENTS
) Vio. of 16 U.S.C. § 1001(a)(2)
)
) COUNT 6:
) OBSTRUCTION
) Vio. of 18 U.S.C. § 1503(a) and (b)(3).
)

INDICTMENT

The Grand Jury charges that:

General Allegations

At all times relevant to the Indictment:

1. The defendant, Jon Nichols, was the Captain of the Fishing Vessel (F/V)

Iron Hide.

2. Nichols was a permit holder for the Copper River District salmon gillnet

season.

3. The defendant, Theodore “Teddy” Turgeon was a deckhand on the F/V Iron

Hide for the gillnet season.

4. Steller sea lions are a protected species pursuant to the Marine Mammal

Protection Act (MMPA). Pursuant to the MMPA, it is prohibited to take any marine

mammal in waters of the United States. 16 U.S.C. § 1372(a)(2)(A). The MMPA defines

take to mean “to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or

kill, any marine mammal.” 16 U.S.C. § 3362(13). Harassment is further defined to mean,

in relevant part, “any act of pursuit, torment, or annoyance which has the potential to

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injure a marine mammal or marine mammal stock in the wild. 50 C.F.R. § 216.3. The

Steller sea lion is a marine mammal. 16 U.S.C. §1362(6).

5. Steller sea lions are a protected species pursuant to the Endangered Species

Act (ESA) in the area west of 144° longitude. 16 U.S.C. § 1533; 50 C.F.R. § 17.11. This

area includes the Copper River fishing district. Regulations implementing the ESA

prohibit shooting within 100 yards of a Steller sea lion west of 144° longitude. 50 C.F.R.

§§ 224.101; 224.103(d)(1)(i). The ESA prohibits violating any regulation pertaining to

an endangered species. 16 U.S.C. §§ 1538(a)(1)(G), 1540(b).

6. During the first few weeks of the salmon gillnet season that opened on May

14, 2015, fifteen Steller sea lions were discovered dead along the sand bars at the mouth

of the Copper River in the Copper River fishing district west of 144° longitude. Six of

the dead Steller sea lions had wounds consistent with a shotgun blast. The other nine

dead Steller sea lions’ cause of death could not be definitively determined but appeared

inconsistent with natural causes.

Count One
(Conspiracy)

7. Paragraphs 1 through 6 of this Indictment are re-alleged and incorporated

by reference as if fully set forth herein.

8. From May 2015 through November 2015, in the District of Alaska and

elsewhere, the defendants, Jon Nichols, and Theodore “Teddy” Turgeon, together with

others known and unknown to the grand jury, did knowingly and intentionally conspire

and agree to commit certain offenses against the United States, namely:

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 (a) To take, and attempt to take, marine mammals within the waters of the

United States; that is harass, hunt, and kill Steller sea lions, by means of a

firearm, in violation of the Marine Mammal Protection Act, 16 U.S.C.

§§ 1372(a)(2)(A), 1375(b);

(b) To discharge a firearm within 100 yards of a Steller sea lion west of 144°

longitude in violation of the Endangered Species Act,16 U.S.C. §§

1538(a)(1)(G), 1540(b), and 50 C.F.R. § 224.103(d)(1)(i); and

(c) To obstruct a NOAA investigation into violations of the Marine Mammal

Protection Act, in violation of 16 U.S.C. §§ 1373, 1375(b) and 50 C.F.R.

§ 216.17.

Object of the Conspiracy

9. The object of the conspiracy was for the defendants, Jon Nichols and

Theodore Turgeon, together with others known and unknown to the grand jury, to harass,

hunt, and kill Steller sea lions with a shotgun in the Copper River fishing district during

the salmon gillnet fishery west of 144° longitude, and then to conceal these activities for

the purpose of obstructing a NOAA investigation.

Overt Acts

10. In furtherance of this conspiracy and to effect the object thereof, the

defendants, Nichols, Turgeon, and another crew member, caused to be committed and

committed the following overt acts, among others, within the District of Alaska, and

elsewhere:

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(OA1) From on or about May 14, 2015, to on or about June 6, 2015, Nichols, as

captain of the F/V Iron Hide, maintained his Benelli shotgun and 00

buckshot ammunition on board the vessel for the purpose of shooting at

Steller sea lions.

(OA2) From on or about May 14, 2015, to on or about June 6, 2015, Turgeon also

maintained a semi-automatic shotgun on the F/V Iron Hide.

(OA3) On various occasions between approximately May 14, 2015, to

approximately June 6, 2015, Nichols, as the captain of the F/V Iron Hide,

directed Turgeon and another crew member to get the shotgun and shoot at

Steller sea lions while fishing in the Copper River fishing district west of

144° longitude.

(OA4) On various occasions, between approximately May 14, 2015, to

approximately June 6, 2015, Nichols would at times drive the F/V Iron

Hide in the direction of one or more Steller sea lions to allow Turgeon and

the another crew member to get a better shot at the Steller sea lions within

the Copper River fishing district west of 144° longitude.

(OA5) On various occasions, between approximately May 14, 2015, to

approximately June 6, 2015, Nichols, Turgeon and another crew member

used the two shotguns and approximately 50 rounds of 00 buckshot to shoot

at Steller sea lions from the F/V Iron Hide within the Copper River fishing

district west of 144° longitude.

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(OA6) After learning that there was an investigation into 15 dead Steller sea lions

found on the sand bars near where they were fishing, on or about June 6,

2015, Nichols, as captain of the F/V Iron Hide, directed Turgeon and others

to get the guns off the boat.

(OA7) On or about October 7, 2015, during an interview with a NOAA law

enforcement agent, and after being warned that to lie to the agent was a

crime, Turgeon lied to the NOAA agent and said that the crew never had a

gun on the F/V Iron Hide and that they never shot sea lions.

(OA8) On or about October 7, 2015, after being told by the agent not to relay the

information about the interview to Nichols because it could be viewed as

obstructing the investigation, Turgeon relayed to Nichols by phone that he

had lied to the NOAA agent about the presence of guns on the F/V Iron

Hide and whether they were shooting at sea lions.

(OA9) On or about October 7, 2015, Nichols called another crew member and

relayed the lie Turgeon had told to the NOAA agent about there being no

guns on the F/V Iron Hide to the other crew member. On this call, Nichols

told the crew member if he was uncomfortable saying that there were no

guns on the boat he could tell the NOAA agent that they had a rifle on

board briefly when Nichols’ wife’s cousin was visiting from Texas for bear

hunting.

(OA10) On or about November 24, 2015, Turgeon was interviewed by a NOAA

agent in preparation for his grand jury testimony, during which interview

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 Turgeon lied to the NOAA agent by saying there were no guns on the F/V

Iron Hide except a bear hunting rifle that was brought on briefly by a

relative of Nichols.

(OA11) On or about December 12, 2015, after the crew member told Nichols he

had been served with a grand jury subpoena, Nichols reassured the crew

member that the government did not know about the shotguns on the F/V

Iron Hide and directed the crew member to keep the information “buried in

the ground where it belongs.”

(OA12) On or about October 18, 2016, the crew member and Nichols discussed that

they had been served target letters indicating that charges may be brought

against them for violations of the MMPA, ESA and obstruction of justice.

In an attempt to prevent the crew member from providing information

relevant to the investigation to NOAA, Nichols reassured the crew member

that the government’s evidence was weak and encouraged the crew member

to stick to the same story--that there were no shotguns on the F/V Iron

Hide, and not to tell anyone that the crew was shooting at Steller sea lions.

(OA13) On or about October 24, 2016, the crew member and Nichols further

discussed the government’s investigation of the Steller sea lion shooting.

In an effort to prevent the crew member from providing information

relevant to the investigation, Nichols reassured the crew member that the

government did not know about Turgeon’s shotgun that was on the F/V

Iron Hide. Nichols reassured the crew member that other boats were too far

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 away to have taken photographs of the crew shooting sea lions. Nichols

reassured the crew member that even if they were convicted that they were

all first time offenders and would not face lengthy jail sentences.

All of which is in violation of 18 U.S.C. § 371.

Count Two
(Marine Mammal Protection Act – Illegal Take)

11. Paragraphs 1 through 6 of this Indictment are re-alleged and incorporated

by reference as if fully set forth herein.

12. On or about May 14, 2015, to on or about June 6, 2015, in the District of

Alaska, Jon Nichols and Theodore “Teddy” Turgeon, as well as others known and

unknown to the grand jury, did knowingly take, and cause another to take, marine

mammals in waters within the jurisdiction of the United States in that they did harass,

hunt, and kill, and attempt to harass, hunt, and kill, Steller sea lions, by means of a

shotgun.

All of which is in violation of 16 U.S.C. §§ 1372(a)(2)(A), 1375(b).

Count Three
(Endangered Species Act – Illegal Discharge of a Firearm)

13. Paragraphs 1 through 6 of this Indictment are re-alleged and incorporated

by reference as if fully set forth herein.

14. On or about May 14, 2015, to on or about June 6, 2015, in the District of

Alaska, Jon Nichols, and Theodore “Teddy” Turgeon, as well as others known and

unknown to the grand jury, did knowingly discharge, and cause another to discharge, a

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firearm at, and within 100 yards of, Steller sea lions west of 144° longitude, aiding and

abetting and aided and abetted by each other and others.

All of which is in violation of 16 U.S.C. §§ 1538(a)(1)(G), 1540(b); 50 C.F.R.

§ 224.103(d)(1)(i); and 18 U.S.C. § 2.

Count Four
(Obstruction of an MMPA Investigation)

15. Paragraphs 1 through 6 of this Indictment are re-alleged and incorporated

by reference as if fully set forth herein.

16. On or about June 6, 2015, to on or about October 24, 2016, in the District

of Alaska, Jon Nichols, and Theodore “Teddy” Turgeon, as well as others known and

unknown to the grand jury, did interfere with, obstruct, and delay an investigation in

connection with the enforcement of the MMPA.

All of which is in violation of 16 U.S.C. §§ 1373 and 1375(b) and 50 C.F.R.

§ 216.17.

Count Five
(False Statements)

17. Paragraphs 1 through 6 of this Indictment are re-alleged and incorporated

by reference as if fully set forth herein.

18. On October 7, 2015, the defendant, Theodore Turgeon, in the District of

Alaska, did willfully and knowingly make materially false, fictitious, and fraudulent

statements and representations in a matter within the jurisdiction of the executive branch

of the Government of the United States, to wit; the defendant falsely stated and

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represented to a NOAA law enforcement agent in the course of answering questions

concerning whether he and the crew of the F/V Iron Hide were shooting at Steller sea

lions in May and June of 2015 during the Copper River District salmon opener that:

(i) the crew never had a gun on the F/V Iron Hide; and

(ii) the crew never shot at sea lions,

when in fact, as he then and there well knew and believed:

(i) from approximately May 14, 2015 to approximately June 6, 2015, the crew

had at least one shotgun on board the F/V Iron Hide; and

(ii) the crew regularly shot at sea lions with a shotgun.

All of which is in violation of 16 U.S.C. § 1001(a)(2).

Count Six
(Obstruction)

19. Paragraphs 1 through 6 of this Indictment are re-alleged and incorporated

by reference as if fully set forth herein.

20. On or about November 24, 2015, through on or about October 24, 2016, the

defendant, Jon Nichols, in the District of Alaska, did corruptly endeavor to influence,

obstruct, and impede the due administration of justice; to wit, in connection with an

ongoing federal grand jury investigation pending in the District of Alaska, Nichols had

several communications with material witnesses endeavoring to prevent them from

providing truthful information to the investigation including, but not limited to, the

following:

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 (i) On or about October 7, 2015, following Turgeon’s false statements to a

federal agent and receipt of a grand jury subpoena, Nichols convinced his

other crew member to stick with the same false story Turgeon had provided

to the federal agent regarding there being no guns on the F/V Iron Hide and

no shooting of sea lions.

(ii) On or about December 12, 2015, after the crew member told Nichols he

had been interviewed and he had stuck with Turgeon’s false story and he

had also been served with a grand jury subpoena, Nichols--to prevent the

crew member from providing information relevant to the ongoing

investigation--reassured the crew member that the government did not

know about the shotguns on the F/V Iron Hide and directed the crew

member to keep the information “buried in the ground where it belongs.”

(iii) On or about October 18, 2016, the crew member and Nichols discussed that

they had been served target letters indicating that charges may be brought

against them for violations of the MMPA, ESA and obstruction of justice.

To prevent the crew member from providing truthful information relevant

to the ongoing investigation, Nichols reassured the crew member that the

government’s evidence was weak and encouraged the crew member to stick

to the same story--that there were no shotguns on the F/V Iron Hide and not

to tell anyone that the crew was shooting at Steller sea lions.

(iv) On or about October 24, 2016, to prevent the crew member from providing

truthful information relevant to the ongoing investigation, Nichols

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 reassured the crew member that the government did not know about

Turgeon’s shotgun that was on the F/V Iron Hide. Nichols reassured the

crew member that other boats were too far away to have taken photographs

of the crew shooting at sea lions. Nichols also reassured the crew member

that even if they were convicted that they were all first time offenders and

would not face lengthy jail sentences.

All of which is in violation of 18 U.S.C. § 1503(a) and (b)(3).

A TRUE BILL.

s/ Grand Jury Foreperson

GRAND JURY FOREPERSON

s/ Andrea T. Steward
ANDREA T. STEWARD
United States of America
Assistant U.S. Attorney

s/ Bryan Schroder
BRYAN SCHRODER
United States of America
United States Attorney

DATE: 4-17-18

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