Activists vow to appeal Makah whale-hunt ruling

Associated Press

TACOMA — Activists challenging the Makah whale hunts in federal court filed notice Tuesday that they plan to appeal a judge’s decision not to stop the gray-whale hunts while their lawsuit is pending.

The notice of intent to appeal Friday’s decision by U.S. District Judge Franklin Burgess was filed by attorneys for the plaintiffs — the New York-based Fund for Animals; The Humane Society of the United States based in Washington, D.C.; and other groups and individuals.

They are suing the National Oceanic and Atmospheric Administration and the National Marine Fisheries Service, contending the Commerce Department agencies have not adequately assessed the impact of the hunts on public safety and so-called resident whales, which linger to feed along the coast during the grays’ annual migration between winter breeding grounds in Mexico and summer feeding grounds in Alaska.

Burgess ruled that the plaintiffs’ lawsuit did not have a "substantial likelihood" of success and said any potential hardships they faced were far outweighed by the tribe’s rights under the 1855 Treaty of Neah Bay — the only U.S. treaty that guarantees whaling rights.

The Makah stopped whaling in the early 20th century, after global whale populations were decimated by commercial whaling. The tribe moved to resume whaling after gray whales were taken off the Endangered Species List in 1994.

Modern-day Makah whaling — on-again, off-again due to court challenges — has so far resulted in one kill, on May 17, 1999.

The Makah are seeking clearance for more hunts over the next five years from the International Whaling Commission, now holding its annual meeting in Japan.