Previous whale news            subsequent whale news                                      home

December 20, 2002
Ships to give way to highly endangered right whales in Bay of Fundy
New shipping lanes proposed by the Canadian government will require ships to detour around area where slow-moving right whales congregate between Nova Scotia and New Brunswick.  Ship collisions and entanglement with fishing gear comprise the biggest threat to the 350 remaining whales who migrate up and down the east coast of North America.  The new lanes will go into effect in July.

December 22, 2002
From Michael Kundu: More thoughts on Makah & gray whales
Some of you may have heard the good news that a federal court of appeals
has ruled against the Makah Gray Whale Hunt.

This is great news (again) for whales, albeit mostly a procedural victory,
but it makes it clear to whaling interests that to continue pursuing the
gray whale will require more money for tribal lawyers, and political
posturing for the tribe's pro-hunters. The court observation that the hunt
also violates MMPA laws does however set a unique precedent, since prior to
this ruling, the MMPA was considered moot in the tribal hunting context.
This point might be a focus for further challenges, since the hunt is now
being considered in respect to the MMPA.

Yet, even while the new face of the tribal council hasn't clearly
telegraphed its intention to pursue the hunt, it appears NMFS (via Brian
Gorman's comments) is already signalling a desire to continue work on the
hunter's behalf to obtain a new quota.

SeaWolf doesn't understand why. The hunt clearly hasn't made an impact on
the poverty, crime or drug use levels in Neah Bay, nor has it furthered the
cause of native solidarity, since many previous environmental tribal
supporters have, since the first hunt, stopped working on native rights
issues. Still, some in the tribe want to keep pursuing the hunt for
ambiguous reasons, not realising that a collective act of permanently
'pardoning' the gray whale from hence forward would serve the tribe far
better in both conservation and public relations perspectives.

Nevertheless, the story lies below. There is still a prospect that some
hunting families will, in the spring, try a renegade hunt to challenge the
resolve of US courts to prosecute them - and if NMFS's history of pursuing
sea lion and otter harvesting violations by Makah hunters is any
indication, these whalers may even get away with it.

Anyway, congratulations to those pursuing the legal challenge - they are
making it clear that whaling will cost the tribe money, and that the world
still objects to the slaughter of whales off the Pacific coastline.

COURT SAYS NO MORE MAKAH WHALE HUNTING

December 20, 2002 KOMO Staff & News Services
SEATTLE - A federal appeals court ruled Friday that the Makah Tribe could
not resume gray whale hunts, siding in favor of whaling opponents who
argued that a federal assessment of the hunt was arbitrary.

The ruling by a three-judge panel of the 9th Circuit Court of Appeals in
San Francisco orders the National Oceanic and Atmospheric Administration
and the National Marine Fisheries Service to prepare a full environmental
impact statement.

The statement would be a more exhaustive review of the hunts' effect than
the much shorter environmental assessment.

The appeals panel said the Commerce Department agencies failed to comply
with the National Environmental Policy Act when their assessment determined
there was no significant impact.

"Having reviewed the environmental assessment prepared by the government
agencies and the administrative record, we conclude that there are
substantial questions remaining as to whether the tribe's whaling plans
will have a significant effect on the environment," said Judge Marsha S.
Berzon, writing for the panel.

The court also said the whale hunts violate the Marine Mammal Protection
Act, which requires that any marine mammal whose numbers have fallen 60
percent be designated as depleted.

The threshold for protection under the MMPA is less than that required for
listing as threatened or endangered under the Endangered Species Act, which
has stricter requirements for species protection.

This is the second time an environmental assessment by the fisheries
service has been rejected by the appeals court.
In 1999, a circuit panel found the agency violated the environmental policy
act when it approved a hunt-management plan before completing its study of
the hunt's impact.

"Clearly, we're disappointed," said NMFS spokesman Brian Gorman in Seattle,
adding that the agency would likely follow through with the court's
order.The agencies have 90 days to file an appeal with the U.S. Supreme Court.

The tribe's lawyer, John Arum, said he had not completed reading the
court's opinion and could not immediately comment on the decision.
Calls to Makah tribal Chairman Nathan Tyler were not immediately returned.

Friday's decision was especially important for animal welfare groups who
had appealed an August ruling by U.S. District Court Judge Franklin D.
Burgess in Tacoma that they failed to prove the agencies' assessment of the
hunts' impacts was arbitrary or capricious.
"We are extremely excited about the courts decision," said Michael
Markarian, president of the Fund for Animals. "This is the second time the
court has told the U.S. government that they failed to prepare an adequate
environmental study of the Makah whale hunt."

The lawsuit filed by the New York-based Fund for Animals, the Washington,
D.C.-based Humane Society of the United States and others contends that
Makah whaling would endanger public safety. It also contends whaling would
harm resident gray whales - those which linger in Washington's Strait of
Juan de Fuca while the bulk of the population migrates between Alaska and
Mexico.

Makah whaling rights are guaranteed by their 1855 treaty. After a
seven-decade break, the triben at the tip of Washington's Olympic
Peninsula moved to resume whaling after gray whales were removed from the
Endangered Species List in 1994. Tribal whalers have killed one whale, in
May 1999.

In May, the International Whaling Commission authorized the tribe to
continue whaling, allowing a take of up to four gray whales annually for
five years.

Project SeaWolf       www.projectseawolf.com
P.O. Box 929
Marysville, WA 98270

Previous whale news            subsequent whale news