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Makah whalers achieve partial victory in federal case
Lynda Mapes, Seattle Times
TACOMA — In a partial victory for five Makah whalers, the federal prosecution will proceed against five tribal members accused of killing a grey whale, but other charges, brought under a broader ability of the U. S. government to restrict treaty rights to hunt, were dismissed Tuesday.

The f ive tr i ba l m e m b e rs fa ce charges in federal court for killing a grey whale Sept. 8. They also face charges in tribal court.

The tribe has a treaty right to kill grey whales and did so in 1999. However, the tribe did not have a permit for the hunt on Sept. 8.

A grey whale was harpooned and repeatedly shot. It died slowly and sank off Neah Bay.

Chief U. S. Magistrate Kelley Arnold denied another motion by defence lawyer Jack Fiander to dismiss the case altogether.