Makah whalers plead not guilty
05:28 PM PDT on Friday, October 12, 2007
SEATTLE - The five Makah Indian whalers accused of illegally killing a gray whale off of Neah Bay pleaded not guilty Friday in federal court in Tacoma.
A federal grand jury in Seattle indicted the five on misdemeanor charges of conspiracy, unlawful taking of a marine mammal and unauthorized whaling.
They could face up to a year in jail and $100,000 fine if convicted. They also face prosecution in tribal court.
The five took a motorboat into the Strait of Juan de Fuca on September 9 and harpooned and shot a whale. After the men were arrested by the Coast Guard the whale sank.
The tribe has a treaty right to kill gray whales as it did in 1999, but it does not currently have a needed federal permit.
Federal prosecutors announced the indictments last week.
"Killing a whale is in violations of the Whaling Convention Act and killing a mammal in violation of the Marine Mammal Protection Act," said Bob Westinghouse, U.S. Department of Justice.
Prosecutors presented photographic evidence of the bullet-ridden body of the gray whale, shot some 16 to 18 times with a high-powered rifle and struck at least four times with harpoons.
The most serious charges available to prosecutors turns out to be no more than misdemeanors.
"We sought out the harshest penalties we could find for the conduct," said Jim Oesterle, assistant U.S. attorney. "We believe this is egregious conduct, but these are the only statutes available to us at this point."
Tribal members Wayne Johnson, Frankie Gonzales, Andrew Noel, Theron Parker and William Secor are also charged with conspiracy to violate federal laws. At least one of the men has been quoted as saying his tribe has the right to kill whales under a treaty with the U.S. as his ancestors did. The Makah Tribe is also conducting its own investigation.
"First of all, this is a difficult situation; however, we are a governing body that respects the rule of law and we have our own laws we need to observe," said Micah McCarty, Makah tribal spokesman.
While the three charges - conspiracy, unlawful taking of a marine mammal and unauthorized whaling - are only misdemeanors, each charge carries a possible jail sentence of up to a year and a $100,000 fine.