NEAH BAY, Wash., Sept. 9, 2007

A .50-Caliber Gun For Whale Hunting?

Coast Guard Finds Dying Gray Whale Off Washington Coast, Suspect Makah Tribe Members

  • In this photo released by the U.S. Coast Guard, an injured California gray whale was swims Saturday, Sept. 8, 2007 in Neah Bay, Wash., after being shot with a machine gun and harpooned off the western tip of Washington state.

    In this photo released by the U.S. Coast Guard, an injured California gray whale was swims Saturday, Sept. 8, 2007 in Neah Bay, Wash., after being shot with a machine gun and harpooned off the western tip of Washington state.  (U.S. Coast Guard)

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(CBS/AP)  A California gray whale that was harpooned and shot with a machine gun off the western tip of Washington state has died, officials said.

Coast Guard Petty Officer Kelly Parker said five people believed to be members of the Makah Tribe shot and harpooned the whale Saturday morning.

A preliminary report said the whale was shot with a .50-caliber machine gun, Mark Oswell, a spokesman for the law enforcement arm of the National Marine Fisheries Service, said.

Petty Officer Shawn Eggert said the whale disappeared beneath the surface in the evening, dragging buoys that had been attached to the harpoon, and did not resurface. A biologist working for the Makah Indian tribe declared it dead, Eggert said.

Tribe members were being held by the Coast Guard but had not been charged, Oswell said.

The suspects could face civil penalties of up to $20,000 each and up to a year in jail, said Brian Gorman, a spokesman for the National Marine Fisheries Service.

Criminal prosecution under the federal Marine Mammal Protection Act is rare, Gorman noted. "While it remains an option, I think we have to finish our investigation before we make any kind of call like that," Gorman told The Associated Press on Sunday.

Coast Guard officials created a 1,000-yard safety zone around the injured whale, which was shot about a mile east of Neah Bay in the Strait of Juan de Fuca. The whale had begun heading to sea Saturday afternoon, Oswell said.

Although the tribe has subsistence fishing rights to kill whales, Oswell said preliminary information indicates the whale may have been shot illegally.

"We allow native hunts for cultural purposes. However, this does not appear to be of that nature so far," he said.

The Makah Indian Tribe's whaling commission said it did not authorize the killing.

"The commission had not reviewed this," Chad Bowechop, a member of the tribe's whaling commission, told the Peninsula Daily News.

Tribal officials did not immediately return calls from the AP, but the tribe's chairman, Ben Johnson, told The Seattle Times that tribal whalers were out practicing hunting skills Saturday in keeping with their treaty rights to hunt whales - rights that 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 seven decades.

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.

John McCarty, a former tribal whaling commission member who has been an advocate of the Makah's right to resume whaling under an 1855 treaty, said the tribe had been working to obtain the waiver and that the process was close to completion.

"I don't know why they did this. It's terrible," McCarty told The Times. "I think the anti-whalers will be after us in full force, and we look ridiculous. Like we can't manage our own people, we can't manage our own whale."

Gorman confirmed that the fisheries service was nearing a decision on the tribe's waiver request. "The general feeling was that we were getting toward the end of a fairly long road and that our decision about whether or not to grant a waiver would be made fairly soon," Gorman said.

Gorman said he does not believe the killing of the whale will affect the tribe's waiver application.

Witnesses said the whale was harpooned by 9:30 a.m. Saturday a few miles east of Neah Bay and that five men on two small boats fired shots from what sounded like a high-caliber rifle.

Coast Guard officers who detained the men confiscated a high-powered Weatherby rifle investigators believe was used to kill the whale, Petty Officer Shawn Eggert said.

Oswell told the Peninsula Daily News investigators are looking into whether the whale was killed because it had gotten entangled in a fishing net and couldn't be cut loose.

However, Coast Guard Petty Officer David Marin said his agency had no information indicating the whale had gotten trapped in netting before it was shot.

Environmentalists suggested criminal charges are warranted.

"This is a crime. It's illegal and should be prosecuted," Will Anderson, who fought against Makah whaling on behalf of Friends of the Gray Whale and other groups, told The Times.

The Makah Tribe has more than 1,000 members and is based in Neah Bay.

© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 22 Comments
by serpent62 September 11, 2007 3:14 PM EDT
First I would like to say that I am not opposed to hunting, and I am a gun owner, and I have shot a M2HB in combat. HOWEVER in this instance if someone be it white, black, native, or any race for that matter takes an animal out of it''s regulated hunting season just for the purpose to "kill" it or to prove a point to the world then I believe that is wrong.

Now if a culture still wants to practice a traditional hunting skill (I.E. whale hunting with a harpoon out of a canoe, salmon fishing with dip net''s, chase Buffalo off a cliff, ect..) then fine.. I can live with that.

As long as it is governed by a able body such as a tribal councel, or L/E body.
Reply to this comment
by serpent62 September 11, 2007 4:05 AM EDT
Darkmeat,

This is not a case of a native hunting party in the dead of winter armed with a single shot muzzle loader looking for the last scraps of meat to survive. These people are afforded U.S. Govt money, exclusive hunting and fishing rights that in most cases are not brought to the attention of the rest of the american people, not to mention the world. If it were learned how much money each person was given in both cash and property by the U.S. Govt and the tribe why would there be hunting like this allowed? I dont see it as culture, just a means to push another species toward the END..

All .50cal''s are not muzzle loaders! in fact the witness accounts state that approximately 20-21 shots were fired. I dont know that many people that can shoot,load and fire 20 times in a short period of time on a pitching boat deck with a muzzle loader! besides, when did historical tribes chase whales in small gasoline powered boats, armed with high power rifles, harpoons, plastic bouy''s and the will to totally disobey the law that governs the land?... That "YES" as stated in the news article that the tribal councel went along with. Besides when do "Practice hunts" happen with live ammo&guns, and harpoons??
If I recall the Pt. Elliot Treaty also states that if more than 5 members of a tribe leave the reservation together, a U.S. Marshall must be present. Because it consitutes a WAR party! Do we need to place a call?? clearly we have weapons and a deadly intent to disobey the law!!
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by my2centss September 11, 2007 12:18 AM EDT
MityWhity at 11:24 AM : Sep 10, 2007

Well said.
Reply to this comment
by Krazcarl September 10, 2007 8:16 PM EDT
Darkmeat4..I think you hit the nail on the on the head on the up side he makes us aware were sane. He is becomming a drag and with such long ramling post I agree he patheticaly lonely or stupid or both most of us just pass over his post just check the sighn in name.
Reply to this comment
by klingon69 September 10, 2007 7:56 PM EDT
- A 12 ga shotgun is technically a .50 cal (bit larger 1/2")
12 guage are .68 caliber.
Reply to this comment
by olgreyghost September 10, 2007 5:17 PM EDT
When did Weatherby start making .50 caliber rifles and where can I get one?
Reply to this comment
by mitywhity September 10, 2007 2:24 PM EDT
Yeah, I have been partial to cute mammals who live in an aquatic environment. I don''t think they should be killed either. They have no way to fight back and just because some people say they have a right to kill them and it is protected by law doesn''t sway my right to an opinion about it. I think it''s just horrible. Imagine being killed with a pair of scissors through the skull and having your brains sucked out. God avenges the blood of innocents.
Reply to this comment
by kennedy7955 September 10, 2007 1:37 PM EDT
No more god-$%^&, f____ing whale hunting! Nothing more needs to be said.
Reply to this comment
by pupspop September 10, 2007 12:18 PM EDT
Culture Smulture! If a bunch of crazy people claim something as their cultural heritage and it''s nuts, it''s nuts if it''s one person or a million people. A preponderance of numbers does not make a thing right. A nut is not a nut because he''s nuts, he''s nuts because he''s a nut.
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by crystalblue3 September 10, 2007 11:59 AM EDT
"Always been a little partial to whales. Believe in native rights.But this was like idiotic drivers that hit animals for fun. The penalty should be quick and severe. Men that KILL for fun are dangerous or brain damaged or lack morals."

I completely agree with you, crzmeat. Also...I have a hard time calling this a "tribal hunt" for "culture purposes" when they use a modern gun to do it. Doesn''t make sense to me.

Hope they get the stiffest penalty possible. Poor whale.
Reply to this comment
by extremophil September 10, 2007 11:21 AM EDT
A machine gun? NOW we''re talkin!
Reply to this comment
by gunownerdan September 10, 2007 10:49 AM EDT
If every family on earth had a .50 caliber rifle and knew how to use it, genocide and mass murder would become extinct.
Killers love unarmed victims.
a-human-right.com
Reply to this comment
by oakishpines September 10, 2007 3:30 AM EDT
'' ... if i starve, don''t let it be in a jurisdiction of non charity and taxation ... ''

'' ... the more big empire must be no more big than the more little one: most market share must go to the poorest soul, not the malnourished pauper, but the trillion dollar war lord ... if the militant baby girl may have her claim to all in the land, then that man too may rest easy ... ''

'' ... giving away free advertising to many entrepreneurs for small tips from a few is the ultimate capitalist adventure ... ''

'' ... don''t dance porno hike naked dance dressed get sick tax world get well feed world songs rallied round tens millions sick beds drifting tens millions studio cottage farm trail groups ... ''

'' ... eternal storyboards swimming infinite oceans of eternal storyboards ... ''

'' ... gathering wealth has little to do with harvesting at the neighbors but with assuring the neighbors have plenty to harvest ... ''

'' ... people don''t throw themselves off the backs of dragon to break all their bones for fun, silly ... ''

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by oakishpines September 10, 2007 3:25 AM EDT
'' ... the pharoah dictator, not an individual, just some phantom amalgum of sociological institutions, anyway the the princess had a problem, 7 billion fraid ends that were no problem, that come and go and swap and interchange free and easy, but tied together with a string that connected all the people, like two cups and a string, but seven billion fraid ends and a string, the string a fickle dragon more fickle than most, the princess was confused, at times she felt good about the dragon and the backups in reserve, and at times she knew just how high maintenance a string was that dragon, it drove her to kicking stars and planets out of the sky to save the galaxys, just ridiculous as it only leads to kicking universes to save eternitys, the men loved her, she tried to feed them and they loved that, it was a prequisite, but she did it wrong and in all the worst ways, and that, to them, made her priceless and adorable, to try to save them was noble, to screw it up royally was irresistable, though they could loathe her at times, they''d suffer hell like huvans cannot imagine for her, they were born, the men, in basic training, girls though, they were born with scarcely any teflon and kevlar in their veins whatsoever and tho it oft improved with age, many of them started out horribly equipped ... and the men all were enamored by that tremendously ... ''
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by socrates392 September 10, 2007 3:02 AM EDT
To paraphrase an Insane Clown Posse song, "12 gauge musket, whale nuggets!"
Reply to this comment
by michellem99-2009 September 10, 2007 12:33 AM EDT
This behaviour is not needed today and they who did this are not free as they are arresred. I get the locol news..I don''t see the need for this. Juse plain wasteful. I feel this way. This is 07. Up date yer costoms...Don''t kill for sport but put food the table. Humans must be better caretaker than this.
Reply to this comment
by Krazcarl September 10, 2007 12:26 AM EDT
vancouverboo Thanks you sound to be a man of morals.
Reply to this comment
by Krazcarl September 10, 2007 12:08 AM EDT
Always been a little partial to whales. Believe in native rights.But this was like idiotic drivers that hit animals for fun. The penalty should be quick and severe. Men that KILL for fun are dangerous or brain damaged or lack morals.
Reply to this comment
by gkc99 September 9, 2007 10:13 PM EDT
"As opposed to the USA tribe that uses phosphorus bombs on Arab and Afghan children.
I think when you stop killing people, you can complain about others killing a whale.
But just more of your wacky system of justice."
Posted by zootallures2


Or the Muslim tribe that has slaughtered millions for refusing to put their faces in the dirt and pray to the Muslim god?

With you, one minute it''s "us" then the next it''s "you". Come out from behind your burqah!
Reply to this comment
by vancouverboo September 9, 2007 10:09 PM EDT
Recent reports is that the action was by a lunitic fringe who just like to kill things. They had no remorse, had no interest in eating the meat, just were overjoyed at the rush they got from the kill. Their ancestors - and most of their living brothers - are disgusted at their cowardly, insane action. The Tribe promises to prosecute them to the full extent of tribal law. As a Makah I express my regrets to all Nature.
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