Temporary court order halts Makah whale hunt

Associated Press

SEATTLE — A federal judge granted a temporary restraining order Friday barring the Makah Indians from hunting gray whales, thwarting the tribe’s plans to continue an ancient tradition that has sparked fierce opposition in recent years.

U.S. District Judge Franklin Burgess in Tacoma issued the 10-day order two days after whaling opponents filed their request. He said a lawsuit opponents have filed raised "serious questions" about the hunt.

"We’re absolutely thrilled," said Michael Markarian, vice president of the New York-based Fund for Animals. "We believe that the hunt could have taken place immediately, and the judge’s temporary restraining order will prevent irreparable harm from taking place and will give the court the time to examine our case on the merits."

The tribe’s Seattle-based lawyer, John Arum, called the restraining order a bitter disappointment, criticizing the judge’s failure to mention the treaty rights that give legal backing to the Makah’s centuries-old whaling tradition.

"It’s evident from the judge’s ruling that this is very preliminary, and he hasn’t even considered the merits of the case," Arum said.

The judge scheduled a May 15 hearing on the Fund for Animals’ request for a preliminary injunction, which would last longer than a temporary restraining order. The injunction would prevent the Makah from hunting whales while the lawsuit challenging the tribe’s right to do so is argued and decided.

The Makah’s right to whale is outlined in their 1855 treaty. The tribe moved to resume the hunt when the whales were taken off the Endangered Species List in 1994.

After making their case to the International Whaling Commission, Makah whalers were allocated 20 whales through 2002, but no more than five per year. They killed one on May 17, 1999, their first in more than 70 years.

They tried again in spring 2000 but were unsuccessful. There was no whaling last year, while a court-ordered environmental study was under way. That study cleared the hunts to resume. The National Marine Fisheries Service said the study showed that allowing the Makah to hunt no more than five gray whales per year would not harm a population of 26,000 whales.