AWI eAlert: Illegal Whale Hunt Requires Independent Investigation
Tuesday, October 16th, 2007
———- Forwarded message ———-
From: AWI eAlert – ealert [at] awionline.org
Date: Oct 12, 2007 3:50 PM
Subject: AWI eAlert: Illegal Whale Hunt Requires Independent Investigation
Animal Welfare Institute
Illegal Whale Hunt Requires Independent Investigation
October 12, 2007
Last month, five members of the Makah tribe illegally attacked a gray whale in the Strait of Juan de Fuca in Washington State. Piercing the whale with five to 10 harpoons and firing up to 21 bullets, the Makah whalers violated multiple federal laws. Some 10 excruciating hours later, the whale died and sank into the depths of the ocean. Nicknamed “Kelpie” by local residents, the whale had a habit of playing in kelp forests and frequently surfaced covered with kelp. Kelpie provided countless hours of enjoyment to those who reside and enjoy recreational activities in the area.
The Makah Tribal Council and its whaling commission have said that they knew nothing about the illegal whale hunt. Yet, the tribe’s chairman has said that the perpetrators of this crime had been talking about the hunt days before it occurred, and the head of the tribe’s whaling commission approved access to the high-caliber weapon used to shoot the whale. In addition, two of the men who participated in the hunt were whaling commission members. Makah leaders have stated several times that those involved in the illegal hunt will be prosecuted in tribal court, but not a single charge has been filed, to date.
Though the Makah tribe has repeatedly referred to its cultural connection to whales to justify its desire to whale, the tribe does not have a legitimate subsistence need to whale and, therefore, can’t satisfy either U.S. or international legal standards to engage in aboriginal subsistence whaling. Whaling for only cultural reasons is not permitted.
Those responsible for the illegal hunt violated the Marine Mammal Protection Act, the Whaling Convention Act, and a host of other federal laws, including the maritime laws administered by the United States Coast Guard (USCG) and laws protecting public health and safety. The federal government, under the direction of the National Marine Fisheries Service (NMFS), is investigating and the U.S. Attorney recently announced that a federal grand jury had indicted the five whalers on three federal misdemeanor charges. Considering the ongoing efforts by NMFS to facilitate the Makah’s desire to whale and the appointment by NMFS of a Makah tribal member – John Haupt – as its lead investigator, the results of any NMFS investigation is highly questionable.
Please help us press the U.S. Attorney General and the U.S. Attorney for the Western District of Washington to call for an independent investigation of this illegal whaling incident and to push for the prosecution of the whalers to the fullest extent for violating federal laws. Please send an e-mail (see sample e-mail below) or call them to insist that an independent investigation by the FBI or other non-partisan agency is essential because NMFS has an obvious conflict of interest and can’t both support Makah whaling and investigate an incident of illegal whaling by Makah tribal members. Please make calls and send e-mails as soon as possible, as an independent investigation must be initiated soonest before memories fade and potential evidence disappears.
———- Forwarded message ———-
From: AWI eAlert – ealert [at] awionline.org
Date: Oct 12, 2007 3:50 PM
Subject: AWI eAlert: Illegal Whale Hunt Requires Independent Investigation
Animal Welfare Institute
Illegal Whale Hunt Requires Independent Investigation
October 12, 2007
Last month, five members of the Makah tribe illegally attacked a gray whale in the Strait of Juan de Fuca in Washington State. Piercing the whale with five to 10 harpoons and firing up to 21 bullets, the Makah whalers violated multiple federal laws. Some 10 excruciating hours later, the whale died and sank into the depths of the ocean. Nicknamed “Kelpie” by local residents, the whale had a habit of playing in kelp forests and frequently surfaced covered with kelp. Kelpie provided countless hours of enjoyment to those who reside and enjoy recreational activities in the area.
The Makah Tribal Council and its whaling commission have said that they knew nothing about the illegal whale hunt. Yet, the tribe’s chairman has said that the perpetrators of this crime had been talking about the hunt days before it occurred, and the head of the tribe’s whaling commission approved access to the high-caliber weapon used to shoot the whale. In addition, two of the men who participated in the hunt were whaling commission members. Makah leaders have stated several times that those involved in the illegal hunt will be prosecuted in tribal court, but not a single charge has been filed, to date.
Though the Makah tribe has repeatedly referred to its cultural connection to whales to justify its desire to whale, the tribe does not have a legitimate subsistence need to whale and, therefore, can’t satisfy either U.S. or international legal standards to engage in aboriginal subsistence whaling. Whaling for only cultural reasons is not permitted.
Those responsible for the illegal hunt violated the Marine Mammal Protection Act, the Whaling Convention Act, and a host of other federal laws, including the maritime laws administered by the United States Coast Guard (USCG) and laws protecting public health and safety. The federal government, under the direction of the National Marine Fisheries Service (NMFS), is investigating and the U.S. Attorney recently announced that a federal grand jury had indicted the five whalers on three federal misdemeanor charges. Considering the ongoing efforts by NMFS to facilitate the Makah’s desire to whale and the appointment by NMFS of a Makah tribal member – John Haupt – as its lead investigator, the results of any NMFS investigation is highly questionable.
Please help us press the U.S. Attorney General and the U.S. Attorney for the Western District of Washington to call for an independent investigation of this illegal whaling incident and to push for the prosecution of the whalers to the fullest extent for violating federal laws. Please send an e-mail (see sample e-mail below) or call them to insist that an independent investigation by the FBI or other non-partisan agency is essential because NMFS has an obvious conflict of interest and can’t both support Makah whaling and investigate an incident of illegal whaling by Makah tribal members. Please make calls and send e-mails as soon as possible, as an independent investigation must be initiated soonest before memories fade and potential evidence disappears.