Makah whalers may face tribal charges

NEAH BAY — The five Makah tribal members who face federal charges for killing a protected gray whale may also face tribal charges.

Makah spokesman Micah McCarty told the Peninsula Daily News that tribal leaders told federal prosecutors about the pending Makah charges earlier this week in hopes the federal government would defer prosecution to the tribe. That didn’t happen.

“It was our position that we didn’t want to see this paraded in federal court, and if there was a decision made, we were concerned about how it would proceed,” McCarty said. “The real human victims here are the Makah tribe and its people, who now face a more uncomfortable spotlight.”

On Thursday, the five Makah members were charged by a federal grand jury with misdemeanor counts for killing the whale during a rogue hunt last month. The indictment charged the men with conspiracy, unlawful taking of a marine mammal and unauthorized whaling, each punishable by a maximum year in jail and $100,000 fine.

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 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.

“I think … there probably was a lot of political pressure” to file the federal charges, McCarty told the newspaper Thursday. “It seems a high-profile indictment, and it would be hard for it to go unnoticed.”

U.S. Attorney Jeff Sullivan said the case needed to be prosecuted federally, despite the tribe’s wishes.

“We welcome the Makah tribe’s statements that they plan to prosecute in Tribal Court as well,” Sullivan told the paper in a statement. “However, those proceedings simply cannot replace federal prosecution of this killing, that is clearly illegal under federal law.”

The Makah tribal prosecutor will not file charges against the five until she has access to physical evidence currently in the possession of federal prosecutors, McCarty said. The five could face tribal charges of reckless endangerment, violating the tribe’s Marine Mammal Whaling Plan as well as three tribal charges of violating federal and state laws — the Marine Mammal Protection Act, the federal Whaling Convention and the state’s fish and wildlife enforcement code.

The Makah Criminal Code states it is a violation of tribal law to violate federal or state laws and sets a maximum penalty of six months in jail and a $500 fine.

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.

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.

The Everett Municipal Building on Thursday, Feb. 29, 2024 in Everett, Washington. (Annie Barker / The Herald)
Everett council approves $111 million construction of sewer project

The Port Gardner Storage Facility, in the works for more than a decade, will help prevent overflows of the city sewer system.

Two students walk along a path through campus Thursday, Aug. 4, 2022, at Everett Community College in Everett, Washington. A group of nearly 20 community groups are planning to study how to make it easier for young people to find jobs. (Ryan Berry / The Herald)
Goal for Everett coalition: Make it easier for young people to find jobs

The organizations hope the months-long process will improve access to resources for young people.

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.