San Jose – Nancy Black could be the first person to face incarceration for being too close to a sea otter.

The marine biologist admitted violating the conditions of her probation by being within 50 yards of two otters to U.S. district Judge Edward Davila at a probation revocation hearing Monday.

Black is the co-owner of Monterey Bay Whale Watch. Specializing in cetaceans, she has co-authored more than 30 articles on whales and dolphins in the Monterey Bay.

She said she was documenting otter pup health in the harbor when a mom and her pup swam near the boat.

“The otter swims up to us and someone takes a picture,” Black said. “I am set up to lose. They are wild animals and they are unpredictable.”

A volunteer for Bay Net, an educational nonprofit under the auspices of the National Oceanographic and Atmospheric Administration, captured video footage of Black and another woman in a dinghy within 50 yards of the otter and her pup in the Monterey harbor in April 2015. The witness testified Black was pursuing the otters by pulling on the anchor rope to move the dinghy. The charges were filed Jan. 8.

Suzi Eszterhas, a photographer who said she was onboard with Black at the time, said they were not harassing the animals.

“I only work with people who have respect for marine life,” Eszterhas said. “She’s one of the top people I have ever worked with.”

Eszterhas has photographed for Smithsonian Magazine and other national publications.

Black had been placed on probation after she roped a piece of gray whale blubber and attached it to the side of her boat near a feeding pod of orcas in the Monterey Bay National Marine Sanctuary 12 years ago. The blubber was floating in the water near her inflatable vessel when she lassoed it.

Her conduct was in direct violation of the Marine Mammal Protection Act, which prohibits feeding orcas in the wild. After initially facing a 25-year prison sentence, Black was sentenced with a $12,500 fine and three years of probation.

She was sentenced after a yearslong investigation by NOAA. The defense claimed Black was the only person to face federal criminal charges for feeding marine mammals, to their knowledge.

NOAA sent a letter to Judge Davila condemning Black’s actions. It said she endangered the orcas by associating humans with food, entangling food with rope (which they cannot digest) and altering their normal feeding patterns.

“The activities conducted by the defendant placed the health and welfare of the killer whales at great risk, were serious violations of the Marine Mammal Protection Act on feeding or harassing marine mammals in the wild, and violated the Marine Mammal Protection Act scientific research permit process,” the letter stated.

Four NOAA scientists specializing in cetaceans wrote letters to Davila in support of Black. The letters were not in accordance with NOAA’s official position. They asked that the court consider Black’s history of scientific contribution to the field.

“Overall Nancy’s contributions have done much to fill in major gaps in our knowledge, and her dedication to the conservation of these animals has never been in question,” one of the letters stated.

Black’s original probation would have been up in January 2017. Her probation officer recommended the lower end of three to nine months in custody for violating probation.

The prosecution provided an alternative to incarceration, requesting a $25,000 fine. They would not comment on the hearing.

Black’s sentencing hearing is scheduled for Monday.