Two members of the Makah Nation of Washington are challenging their convictions for hunting a gray whale without federal approval.

Andy Noel and Wayne Johnson were convicted of one count of violating the Marine Mammal Protection Act. They are serving prison sentences for the September 2007 incident but reserved the right to appeal.

The tribe has a right to hunt whales under an 1855 treaty. The 9th Circuit Court of Appeals ruled the tribe must follow the MMPA and obtain a permit.

The National Marine Fisheries Service is taking comments on its draft environmental impact statement for a permit.

Get the Story:
Two Makah appeal their whaling convictions (The Peninsula Daily News 7/18)

Relevant Documents:
Draft EIS on Makah Whale-Hunting Request | Q&A

9th Circuit Decision:
Anderson v. Evans (June 7, 2004)

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