Activists ask appeals court to halt Makah whaling

TACOMA, Wash. – Anti-whaling activists have asked a federal appeals court to temporarily halt gray whale hunting by the Makah tribe.

Tribal officials said they would not issue any whaling permits until next Friday, when a ruling on the motion is expected from the 9th U.S. Circuit Court of Appeals.

Earlier this month, U.S. District Judge Franklin D. Burgess denied the activists’ request for a similar preliminary injunction against whaling, citing the Makah’s rights to hunt whales under an 1855 treaty.

The Fund for Animals, the Humane Society of the United States and other groups contend that Makah whaling will endanger human safety and the lives of “resident” gray whales that remain in the Strait of Juan de Fuca during the summer after most migrate north.

They also contend that whaling management policies violate the National Environmental Policy Act and the Marine Mammal Protection Act. A lawsuit on those claims is still awaiting a decision in federal district court.

If the appeals court grants the injunction, filed Thursday, the Makah would be barred from taking any whales until appeals judges could consider the merits of the activists’ claims.

“In our (legal) system, they unfortunately get to do everything all over again,” Makah attorney John Arum said of the new motion. “It kind of never stops. This is the last stop for them, we hope.”

The Makah moved to resume whaling after gray whales were taken off the Endangered Species List in 1994. Makah hunters have killed one whale, in May 1999.

Last week, the International Whaling Commission authorized the Makah to continue hunting gray whales and kill up to four annually.

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