[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-10579 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN R. MOORE, JR., TANNER J. MANSELL,

Defendants-Appellants.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:22-cr-80073-DMM-2 ____________________ USCA11 Case: 23-10579 Document: 61-1 Date Filed: 09/23/2024 Page: 2 of 21

2 Opinion of the Court 23-10579

Before WILSON, GRANT, and LAGOA, Circuit Judges. WILSON, Circuit Judge: Defendants-Appellants John Moore, Jr., and Tanner Mansell jointly appeal their convictions for theft of property within special maritime jurisdiction, in violation of 18 U.S.C. § 661. Their sole argument centers on the district court’s refusal to give their re- quested jury instruction—that the jury must find that Moore and Mansell stole the relevant property for the use or benefit of them- selves or others, i.e., lucri causa, to convict them under § 661. After careful review, and with the benefit of oral argument, we affirm. I. Background Moore and Mansell worked as boat crew for a company that facilitated shark encounters in Jupiter, Florida. On August 10, 2020, the Kuehl family was taken out by Moore and Mansell to snorkel with sharks. During the trip, Moore and Mansell spotted a long fishing line attached to a marked buoy, which they hauled into the boat with the help of the Kuehls. The Defendants told the Kuehls they had stumbled upon an “illegal longline fishing line,” and there were sharks caught on the line. In the process of gathering the line into the boat, Moore and Mansell cut the sharks caught in the hooks free. Unbeknownst to Moore and Mansell, the line was properly placed. Scott Taylor, who ran a seafood-distribution business and was the owner of Day Boat III, had received the proper permit with the National Oceanic and Atmospheric Administration to conduct shark research. The Day Boat III was specially rigged for such work. USCA11 Case: 23-10579 Document: 61-1 Date Filed: 09/23/2024 Page: 3 of 21

23-10579 Opinion of the Court 3

As part of its research, the boat used a main line with attached hooks for catching sharks and fish that was weighed down to the sea bottom using anchors and connected to buoys, one of which was far off from the boat. Taylor explained at trial that, after the Day Boat III returned from a trip on August 10, 2020, it had lost certain bits of its gear. While retrieving the line, Moore and Mansell encouraged the Kuehls to record what was happening. Moore also called Barry Partelow, a Florida Fish and Wildlife Officer at the time of the in- cident, to notify him of their activities and their alleged finding— illegal fishing in federal waters. Moore told Partelow he found sharks attached to hooks and cut them off the line. Later, Partelow encountered Moore and saw that the floor of his boat was covered with fishing line, hooks, and fresh bait, but