Originally published Wednesday, February 20, 2008 at 12:00 AM
Judge dismisses 1 charge against Makah whalers
The federal prosecution of five Makah tribal members who killed a gray whale last September will go forward, though part of the case against...
Seattle Times staff reporter
TACOMA — The federal prosecution of five Makah tribal members who killed a gray whale last September will go forward, though part of the case against them has been dismissed.
Chief U.S. Magistrate Kelley Arnold granted a motion Tuesday to dismiss a charge against the whalers brought under the Whaling Convention Act, ruling the act did not appropriately apply to a criminal case.
But Arnold let stand charges against the whalers brought under the Marine Mammal Protection Act.
The tribe has a treaty right to kill gray whales and legally did so in 1999, when it secured a permit.
But the five whalers did not have a permit for the hunt on Sept. 8, when they harpooned and shot a whale in the Strait of Juan de Fuca near Neah Bay. The whale died slowly before sinking.
The whalers have pleaded not guilty to the charges, arguing that treaty rights are the supreme law of the land.
Defense attorney Jack Fiander had sought to have the entire case against them dismissed. He argued that Alaska natives are allowed to hunt whales, while Makah whalers are being criminally charged for hunting the same species, violating the Makahs' constitutional right to equal protection under the law.
But the magistrate said the two groups are not similar because Congress created an exemption to the Marine Mammal Protection Act for Alaska natives — but not for the Makah. The Makah Tribe is in the process of seeking an exemption.
The whalers listened intently but silently to the court proceedings, backed by family members who made the trip from Neah Bay to support them.
Tribal Chairman Micah McCarty, a former whaling crew member, also attended the hearing. "I feel like I can breathe half a sigh of relief," McCarty said after the hearing, referring to the magistrate's dismissal of the one charge, which the tribe saw as a further infringement on its treaty rights.
The federal trial is to begin in April.
The five whalers also face prosecution soon by the tribe for violating tribal restrictions on whale hunts. McCarty said the tribe would rather settle its case against the five than see it go to trial.
Will Anderson, of Friends of the Gray Whale, an animal-rights group, said he wants a trial. "The public needs to see what it takes to kill a whale. They are trying to keep it out of the light of day."
Lynda V. Mapes: 206-464-2736 or lmapes@seattletimes.com
Copyright © 2008 The Seattle Times Company
Food-safety lawyer's wish: Put me out of business
Illegal workers quietly let go
Metro won't cut bus service after all
Jerry Large: Food-bank theft turns into a gift
Bumper to Bumper: How can the city let bridges go dark?

Real Salt Lake wins MLS Cup
Real Salt Lake defeated the Los Angeles Galaxy with penalty kicks after 120 minutes of play at Qwest Field in Seattle.
general classifieds
Garage & estate salesFurniture & home furnishings
Sporting goods
just listed
42" Hitachi Plasma 1080i - $500
8 Drawer Dresser with Attached Mirror - $200
8 seat pecon formal dining table and china hutch - $1500
More listings
POST A FREE LISTING
shopping
Give yourself a treat and visit Watson Kennedy's Holiday Open Houses
More minding the store
events for Monday, Nov. 23
- Castle Discount with Military ID
- CraftsGiving
- Alhambra 20 Percent Off Jewelry Sale
- Dish It Up! Totally Truffles
editors' picks
- Phinney Ridge & Greenwood shopping
- Independent video stores
- Pioneer Square shopping
- Garden furnishings
- 'The Road' takes Viggo Mortensen to Mount St. Helens and Astoria, Ore.
- Tugboat sinks at Seattle waterfront pier
- Illegal workers quietly let go
- Child-support error costs nearly $21,000
- Vikings easily beat the Seahawks
- Craigslist adoption ad: A plea by young mother-to-be? A scam?
- Chase shrugs off loss of CD investors
- Woman stabbed by stranger in North Seattle
- Snow piles up on Cascade slopes
- Denny Triangle gains skyline, but tenants slow to come
- Illegal workers quietly let go
372 - Climate change speeds up since 1997 Kyoto accord
210 - Vikings easily beat the Seahawks
171 - Metro won't cut bus service after all
150 - New Husky recruit: Enes Kanter
97 - Historic health care bill clears Senate hurdle
95 - Tattoos at Mill Creek Church pierce skin, soul
83 - Middleton says Huskies "plan on scoring at least 50 points'' Saturday
82 - Jerry Brewer: Seahawks can't lean on the Hutch Crutch now
74 - Seattle woman charged with knife attack on boyfriend's ex
64
- Sprouts, raw fish on attorney's 'do not eat' list
- Tattoos at Mill Creek church pierce skin, soul
- Food-safety lawyer's wish: Put me out of business
- Illegal workers quietly let go
- Architects, chefs find 'kid' within to build Gingerbread Village
- Rediscovering Moab, 'the most beautiful place on Earth'
- It's possible to recover a life lost to hoarding
- Child-support error costs nearly $21,000
- 'The Road' takes Viggo Mortensen to Mount St. Helens and Astoria, Ore.
- Taste | The Great Pie Bake-off pits friends and fruit




