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Update on the Whale Hunt in Washington State

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FROM WASHINGTON CITIZEN'S COASTAL ALLIANCE

--------------

Sekiu, WA: 9:47am PDT

 

Today's update includes a long-awaited whaling-cost piece from the Peninsula

Daily News, and an article from the Christian Science Monitor that raises

red flags about the impact the Makah whale hunt is REALLY starting to have

on U.S. policy. As usual, please follow developments at

www.stopwhalekill.org

*****

 

 

 

HOW MUCH HAS WHALING REALLY COST?

--------------

Watchdogs estimate $5 million

 

By Austin Ramzy

Peninsula Daily News (www.peninsuladailynews.com)

July 17, 2000

 

A taxpayer watchdog group says the government has spent close to $5 million

on Makah whale hunts, which it labeled a tradition that isn't worth keeping.

 

But a close look at the Citizens Against Government Waste report on the hunt

reveals just how difficult it is to calculate how much tax money has been

spent on the endeavor.

 

The report lists money spent in several areas, including for Coast Guard

enforcement of a safety zone around the whalers, legal fees in a court

battle over the hunt and the deployment of National Guard troops for a

tribal celebration.

 

Makah whale hunt opponents who brought the story to the 600,000 member

private, non-profit group's attention, praised the article.

 

" I was really pleased that the Citizens Against Government Waste looked at

the information we sent them and actually did a report, " said Sandra Abels

of U.S. Citizens Against Whaling.

 

" We tried to get local media to follow up on how much the hunt cost

taxpayers and haven't got much response. It's refreshing to have somebody

actually look at this. This is wrong to spend $4.7 million in taxpayer money

to kill a whale. "

 

Anti-whaling activist Dan Spomer, who initially forwarded the story idea to

the group, wrote, " It's a tough piece- far tougher than we could have

imagined. "

 

Makah Whaling Commission Chairman Keith Johnson said the costs pale in

comparison wih what the tribe gave up in its treaty with the U.S.

government.

 

The Makah tribe signed a treaty in 1855 that guaranteed its right to hunt

whales. In return, the tribe ceded most of its lands to the United States,

including nearly all of the Olympic Peninsula.

 

" The U.S. government has a treat with us (that) we almost paid for with our

lives and our culture. Its comes at a very high price, " Johnson said. " It's

been paid, it's been paid and it's been paid. It's not a waste of government

money. "

 

COAST GUARD DISCREPANCY

One of the steepest hunt costs, according to the Washington, D.C.-based

group's report, is the Coast Guard's enforcement of a moving exclusionary

zone around the hunt canoe, which was first enacted in October 1998.

 

According to the Citizens Against Government Waste, or CAGW, it cost

$924,000 for the Coast Guard to enforce the sxclusionary zone during hunts

this spring.

 

That figure, which is based on an estimate from Abels, is more than four

times what the Coast Guard reports its costs were for this spring's hunt,

which didn't result in a whale kill.

 

According to Cmdr. Ed. Kaetzel, operations officer for Coast Guard Group

Port Angeles, a total of 34 hours of helicopter patrols, 65 hours of cutter

patrols, 88 hours of utility boat patrols and 112 hours of small boat

patrols took place during nine days of hunting this spring.

 

Based on Coast Guard hourly standard rates of $588 an hour for cutters,

$3,400 an hour for helicopters, $612 an hour for patrol boats, and $192 an

hour for small boats, the actual costs this spring were $229,180.

 

The Coast Guard costs are part of normal operating expenses, Kaetzel said.

" A lot of this we would have been flying anyway, " he said. " These are not

extra hours. Instead of patrolling (farther out) they were in closer to Neah

Bay. There was really nothing extra that we have to go back and get

additional funding for. "

 

Kaetzel did not have figures available for previous years, but estimated the

costs for last year, when the tribe killed its first whale in 70 years, were

similar to this year.

 

METCALF V. DALEY LEGAL FEES

If the estimates of Coast Guard expenses are high, the count of legal

expenses are likely low.

 

In 1997 environmental groups and U.S. Rep. Jack Metcalf, R-Wash;, filed suit

against Commerce Secretary William Daley to block the whale hunt. Last month

a three-member panel of the 9th Circuit Court of Appeals in San Francisco

ruled that the federal government's environmental studies on the hunt were

inadequate.

 

The CAGW article lists legal fees for Metcalf v. Daley at $44,800. That

figure is based on a Freedom of Information Act request filed with the

Department of Interior in 1998 and only lists approved legal fees for that

year.

 

Since then legal costs, based on $70-an-hour attorney fees, have likely

climbed as the case worked its way through the courts.

 

One of the most well-known costs of the whale hunt is $751,295 spent on

sending National Guard troops to Neah Bay for Makah Days in 1998. Tribal

officials had feared protests during the annual celebration, but none

occurred.

 

The CAGW reports lists several other Makah Days law enforcement expenses.

The sums are based on Freedom of Information Act requests.

 

The Clallam County Sheriff's Office spent $40,000 on Makah whaling-related

law enforcement expenses in 1998. Following the celebration Sheriff Joe Hawe

told county commissioners it cost $26,000 to have personnel standing by

during the event.

 

In 1998 the sheriff's office also received a $10,000 federal grant to be

used for communications expenses.

 

The U.S. Marshals Service spent $13,910 on personnel and travel costs during

Makah Days.

 

The hunt expenses included $335,000 allocated by National Marine Fisheries

Serivce from 1996 to 1998. That money went to pay for such expenses as

tribal members attending International Whaling Commission meetings and

research into whale killing methods.

 

The $335,000 doesn't encompass all of the money spent on the hunt by the

Fisheries Service, said Brain Gorman, an agency spokesman.

 

" That does not include money spent as a function of our responsibility and

involvement with this issue including such things as defending the Makah

lawsuit, travel to the reservation, telephone calls, " Gorman said.

 

Also included in the figures was $10,000 from the Bureau of Indian Affairs

in 1997.

 

CAGW was unalbe to produce documentation for one large item in the article:

$435,000 for a " grant to teach the tribe how to eat whale meat. "

 

According to the author of the article, Kerrie Rezac, the official

documentation for that expense came from Spomer, the anti-whaling activist.

According to Spomer, the only copy of an article outlining that expense was

in the hands of CAGW.

*****

 

 

 

TRIBAL RELIGION CLASHES WITH EAGLE PROTECTIONS

--------------

By Todd Wilkinson

Special to The Christian Science Monitor

 

Far from the ocean waters of the Pacific Northwest, where the Makah tribe is

locked in a legal battle over the right to hunt gray whales, another front,

perhaps more important, is opening in the debate over wildlife versus

religious freedom.

 

Amid the mesas of northern Arizona, members of the Hopi tribe have asked the

US government for permission to kill young golden eaglets taken from a nest

in Wupatki National Monument for use in traditional ceremonies.

 

The decision could radically change the protected status of wildlife inside

national parks. If the Interior Department grants the Hopis' request, dozens

of tribes could ask to harvest wildlife such as bison, black bears, and

birds of prey from inside parks for similar reasons.

 

The issue is so sensitive that Interior Secretary Bruce Babbitt has

personally asked the department's leading attorney to review the

case and render a ruling soon. The Monitor has learned that the lawyer, John

Leshy, is considering granting a broader exemption to tribes, enabling

limited harvest of nonendangered animals and plants inside parks.

 

At the heart of the matter is the question of whether the right to practice

native-American religion should take precedence over the role of parks as

sanctuaries.

 

" This is a very complicated issue and it needs to be treated extremely

carefully, " says David Simon, Southwest regional director of the National

Parks Conservation Association. " One of the crucial questions is: Does the

government consider the Hopi request at Wupatki an isolated case, or does it

intend to open the gates for other tribes at other parks? "

 

Across the West, the US government has tried to be sensitive to the needs of

native Americans, particularly in allowing the picking of plants at some

parks and monuments. Congress has given Indians the right to gather pinyon

nuts in New Mexico's El Mapais National Monument, for instance.

 

Indian traditionalists say that harvesting wildlife and plants is central to

their beliefs and to the continuation of their culture. With the Hopi, the

ceremony involving the eaglets eventually leads to the birds' death - with

the feathers used later in prayer - but tribal officials say the rite is

done responsibly.

 

" We'd be the last ones to do any harm to the larger eagle population, " says

Eugene Kaye, the Hopi chief of staff. " It's not that all Hopis go out and

gather eaglets, " he says. " Only certain clan members who possess the

expertise can do it. It's something that's been practiced for centuries and

centuries and centuries. "

 

Unlike whales, golden eagles are not endangered, though they are protected.

The Fish and Wildlife Service routinely grants tribes permission to kill

golden eagles and hawks on many private and public lands, but the privilege

has never been extended to national parks.

 

Hopi Tribal Council chairman Wayne Taylor Jr. argues that the American

Indian Religious Freedom Act, and a recent executive order from President

Clinton, show a commitment to honor tribal requests on public lands.

Further, he says, preventing the collection of eaglets would be a violation

of the First Amendment right to religious expression.

 

" It's a tough issue, " Mr. Babbitt told the Monitor in explaining why he

asked Leshy to review the matter. " This isn't about sport hunting. This is

about a deeply religious and sustainable take of eagles that has been going

on for over a thousand years. "

 

Although Park Service officials have been ordered not to talk publicly about

the decision, personnel say there is deep concern. One worry is that the

decision could start a slippery slope for future wildlife protection.

 

" There are a good number of the big parks that already have tribes

requesting the right to hunt animals, " says Jeff Ruch, executive director of

Public Employees for Environmental Responsibility, which last week completed

a survey of national parks. " Parks are unaware and completely unprepared for

a policy change. "

 

Others say plenty of public land is available to tribes - places where the

US government has made it clear that limited, controlled harvest of natural

resources is welcome. Parks, they argue, should be off limits.

 

" I am sympathetic to tribal needs, but those needs can be fulfilled without

having to go into parks and take live animals, " says Frank Buono, a retired

Park Service manager who spent a quarter century with the agency.

 

Mr. Buono says that in many regions, national parks represent " refuges " free

of human hunting and, in turn, those populations serve an important function

in bolstering the numbers of animals in adjacent wildlands.

 

In the Makah case, the Ninth Circuit Court of Appeals issued a scathing

opinion in overturning the National Marine Fisheries Service decision to

allow the tribe to harvest gray whales near Neah Bay, Wash. The court called

the environmental review - suggesting there would be no impact on the whale

population - " demonstrably suspect. "

*****

 

 

 

WHERE DOES JAPAN'S WHALE MEAT REALLY COME FROM?

--------

>From the New Scientist

 

JAPAN'S annual scientific catch of whales is disguising an undocumented

trade in meat from accidentally caught and possibly poached whales, claim

researchers. According to a new analysis of whale meat in the country, if

the trade continues it could drive a unique subgroup of minke whales in the

Sea of Japan to extinction.

 

Sale of whale meat is legal in Japan if it comes from frozen stockpiles,

from the annual catch of around 500 minke whales which the government is

allowed to kill for scientific study, or from " bycatch " --whales killed

accidentally by fishing gear or ship strikes. Most of the scientific catch

are Antarctic minke whales, but around 100 a year belong to a subgroup of

North Pacific minkes called the O stock. Neither is considered to be

endangered.

 

However, another subgroup of North Pacific minkes that live in the Sea of

Japan, the J stock, number fewer than 2000. Of the 25 whales killed as

bycatch by Japan each year, 15 come from the Sea of Japan. Therefore, no

more than 15 per cent of the North Pacific minke whales on the Japanese

market should be from the J stock.

 

But the new report claims the proportion is double this. From 1993 to 1999,

a team of marine biologists led by Scott Baker of the University of Auckland

and Stephen Palumbi of Harvard University enlisted local collaborators to

buy whale meat in Japanese markets and restaurants. After analysing the

mitochondrial DNA of 574 samples, the researchers conclude that nearly a

third of the North Pacific minke whales on the market came from the J stock.

They estimate that these unreported catches could tip the balance for the J

stock, driving the number of mature females beneath critical levels in less

than a century (see Graph). " The population is in serious trouble, " Palumbi

says.

 

Japanese and Korean scientists who heard the report at the International

Whaling Commission's Scientific Committee meeting in Adelaide last week

remained unconvinced. Joji Morishita, a Japanese delegate to the IWC, told

New Scientist that similar studies by the Japanese government have failed to

find any unreported catches. " All the so-called suspicious whale meat is

accounted for by stockpiles or bycatch, " he says. " It would be fair to say

that the conclusions [of the new analysis] are not wholeheartedly accepted, "

says IWC secretary Ray Gamble.

 

But Frank Cipriano, one of the report's co-authors who attended the meeting,

points out that the Japanese surveys always send fisheries agents who are

likely to be recognised by sellers and who themselves may be biased. " It's

in their interest to find nothing, " says Cipriano.

 

Morishita says the Japanese Fisheries Agency is developing a stricter system

of bycatch monitoring that will include DNA testing and should eliminate any

real or perceived reporting problems. Under the new system, sellers of

unregistered meat would be prosecuted.

 

Source: Proceedings of the Royal Society B (vol 267, p 1191)

*****

 

 

 

QUOTE DU JOUR

---------------------

" We are disappointed that the 9th Circuit didn't uphold what the District

Court said. Our commitment to Makah treaty rights and treaty rights of all

tribes is undiminished. We've got to think about whether we want to

recommend an appeal to that decision or redo the environmental work to meet

the standards of the court. "

 

Kevin Gover,

Bureau of Indian Affairs

*****

 

 

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