Makah whalers indicted

SEATTLE — A federal grand jury has charged five members of the Makah tribe with misdemeanor counts for killing a protected gray whale during a rogue hunt last month, the government said Thursday.

The indictment charged the men with conspiracy, unlawful taking of a marine mammal and unauthorized whaling, each punishable by up to a year in jail and up to a $100,000 fine.

“The charges brought today are the most serious available to the government in this case,” U.S. Attorney Jeff Sullivan said in a news release.

According to the indictment, the five took two motorboats into the Strait of Juan de Fuca off the tribe’s reservation at the tip of Washington’s Olympic Peninsula on the morning of Sept. 8 and harpooned the California gray whale. They then shot it at least 16 times with at least one of the three high-powered rifles they had obtained from the tribe, it said.

The men did not have the tribe’s permission for the hunt, nor did they have a federal permit to kill the whale, which eventually sank in the strait.

The killing was a public relations disaster for the tribe, which had been working with federal authorities to obtain a permit for a legal hunt, and Makah officials rushed to Washington, D.C., to assure the government they did not approve.

On Monday, Sullivan and several members of his staff traveled to the tribe’s reservation at Neah Bay to tell the tribe they planned to seek an indictment under the Marine Mammal Protection Act.

At the meeting, representatives of the tribe thanked the prosecutors for letting them know and “made it abundantly clear they were not in any way supportive of this conduct,” said Robert Westinghouse, chief of the criminal division in the U.S. Attorney’s Office.

The Makah, who have been whalers for centuries, have sought to resume the hunts as part of their cultural heritage. But their treaty rights to hunt whales have been tangled in the courts for several years.

The federal government removed the gray whale from the endangered species list in 1994. Five years later, with a permit from the National Marine Fisheries Service, Makah tribal members killed their first whale in more than 70 years.

Animal welfare activists sued, leading to a court order that the tribe must obtain a waiver under the Marine Mammal Protection Act to continue hunting whales.

Makah officials strongly condemned last month’s hunt, pointing out that the tribe had been working with the government to obtain the waiver and that the process was close to completion.

The crew in the legal 1999 hunt was captained by Wayne Johnson — one of the men involved in last month’s killing.

Johnson told reporters at the time he wasn’t sorry for what he and the others did. In addition to Johnson, the men indicted were Theron Parker, Andy Noel, William Secor and Frankie Gonzales.

Tribal attorney John Arum said he did not know if the men had obtained lawyers. The tribe still hopes to prosecute them under its own laws, he said.

“We hope to be able to cooperate with the federal government so both prosecutions can occur in tandem,” Arum said.

The five have been summoned to appear for arraignment on Oct. 12 in U.S. District Court in Tacoma.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Customers enter and exit the Costco on Dec. 2, 2022, in Lake Stevens. (Olivia Vanni / The Herald)
Costco stores could be impacted by looming truck driver strike threat

Truck drivers who deliver groceries and produce to Costco warehouses… Continue reading

Two Washington State ferries pass along the route between Mukilteo and Clinton as scuba divers swim near the shore Sunday, Oct. 22, 2023, in Mukilteo, Washington. (Ryan Berry / The Herald)
Ferry system increases ridership by a half million in 2024

Edmonds-Kingston route remains second-busiest route in the system.

Firefighters respond to a 911 call on July 16, 2024, in Mill Creek. Firefighters from South County Fire, Tulalip Bay Fire Department and Camano Island Fire and Rescue left Wednesday to help fight the LA fires. (Photo provided by South County Fire)
Help is on the way: Snohomish County firefighters en route to LA fires

The Los Angeles wildfires have caused at least 180,000 evacuations. The crews expect to arrive Friday.

x
Edmonds police shooting investigation includes possibility of gang violence

The 18-year-old victim remains in critical condition as of Friday morning.

The Everett Wastewater Treatment Plant along the Snohomish River. Thursday, June 16, 2022 in Everett. (Olivia Vanni / The Herald)
Everett council approves water, sewer rate increases

The 43% rise in combined water and sewer rates will pay for large infrastructure projects.

Robin Cain with 50 of her marathon medals hanging on a display board she made with her father on Thursday, Jan. 2, 2025 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Running a marathon is hard. She ran one in every state.

Robin Cain, of Lake Stevens, is one of only a few thousand people to ever achieve the feat.

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Riley Boyd, 6, left, and sisters Vivienne Boyd, 3, ride a sled together down a hill at Anderson Center Field on Thursday, Feb. 6, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Snohomish County shouldn’t expect snow and cold to leave any time soon

Residents can expect a reprieve from the snow until possibly this weekend. Colder than normal temperatures are expected to remain into next week.

Modern DNA tech comes through again for Everett police in 1989 murder case

Recent advances in forensic genealogy led to the suspect’s arrest in Clark County, Nevada.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.