Makah whalers plead not guilty

TACOMA — With a courtroom packed with supporters from Neah Bay, five Makah tribal members appeared in federal court here this afternoon to plead not guilty to charges in their illegal hunt of a gray whale in the Strait of Juan de Fuca last month.

Wayne Johnson, Frankie Gonzales, Andrew Noel, Theron Parker and William Secor all offered no other comment to Chief Magistrate Judge J. Kelley Arnold as they entered their pleas. A trial date was set for Nov. 27. The men then left the courthouse free on bond.

A federal grand jury in Seattle last week indicted the group on five misdemeanor charges of conspiracy, unlawful taking of a marine mammal and unauthorized whaling. They each could face up to a year in jail and fines of $100,000 each if convicted.

The men also face separate prosecutions in tribal court, where they could be sentenced to up to a year in jail; pay up to a $5,000 fine, and have their treaty rights to fish suspended for up to three years.

The federal indictments allege that the men sought weapons and ammunition from the Makah tribe the day before the Sept. 8 hunt, saying they wanted to practice whaling. They also got permission from a tribal employee to borrow a small motorboat and a large buoy.

The next morning, the five set out in two boats, and harpooned the whale and shot it at least 16 times. The whale swam about nine miles before dying about 12 hours later. Federal officials ordered the whale cut loose to sink. The carcass has not surfaced.

The Makahs who arrived in Tacoma to support the five whalers were largely defiant of the federal court.

Johnson, the group's leader, repeated his position that they had a right to hunt the whale under terms of a 19th-century treaty between the U.S. and the Makah tribe.

"Of course I'm not guilty," Johnson said before the hearing. "I have a treaty right."

Asked whether he had any regrets, he shook his head. "This is a lifelong struggle."

Outside the courthouse, several Makah grandmothers carried signs that said "Broken trust."

"We're here to support the young people," said Gail Adams, 67. "They shouldn't have to pay a fine. They shouldn't have to go to jail. It's like a bad dream."

Arnie Hunter, vice chairman of the Makah Whaling Commission, agreed that the whalers did nothing wrong.

"It's something the rest of us wished we could have done," he said outside the courtroom. "It's what we grew up with. It's our songs. It's our dances. It's who we are. We are whale hunters, and our forefathers reserved that for us in the treaty."

On the other hand, Hunter said, rules are rules. Still, he said he felt sad to see the whalers in court.

The Makah are the only tribe in the country with an explicit treaty right to whale. However because of a 2002 court decision, the tribe needs a waiver from the federal government before it can legally whale again. The waiver has been stalled in federal review.

Meanwhile Friday, animal-rights activists said they are glad prosecutors have gone after the strongest charges available under federal law.

"We are pleased this is being taken seriously," said Kitty Block, vice president of the Humane Society International in Washington D.C., which opposes any Makah whale hunting. "This has to happen or the whale's life would have been taken for nothing."

Some activists weren't so optimistic.

Bill Moss, president and founder of the World Whale Police in Olympia, said he expects a fair trial — for the whale.

"Wayne [Johnson] and the boys have the thinking they don't have to pay attention to the law; they are above the law," Moss said. "We will see if they are."

Lynda V. Mapes: 206-464-2736 or lmapes@seattletimes.com