Payment for a whale

Federal indictments bearing the prospect of jail time and a stiff fine offer rapid, appropriate accountability for an illegal whale hunt conducted last month.

The case that began early one September morning with the spontaneous hunting of a gray whale by five Makah Nation tribal members invokes treaty rights, politics and the harsh face of animal brutality in the environmentally sensitive Northwest. But mostly it is about the law. The Makah are the only tribe whose right to whale hunt is explicitly written in treaty. But there are restrictions, set out by tribal, federal and international agreements. The five men ignored those restrictions when they decided to kill a whale without the knowledge or approval of tribal leaders or whaling authorities.

The five each now face three misdemeanor counts of conspiracy, unlawful taking of a marine mammal and unauthorized whaling.

The men's legal troubles are not limited to the federal case. Tribal authorities plan to bring their own case against the men. Under tribal law, the five could serve up to a year in jail and pay a $5,000 fine plus a three-year suspension of their treaty right to fish. It is in the tribe's interest to follow the federal case with accountability measures of their own.

The love of nature offended by this case is not held just by a few; it is a central value of this region. The strong arm of justice is appropriate.