Guest guest Posted May 2, 2002 Report Share Posted May 2, 2002 Here is the most recent news from Dan Spomer (WCCA): The hearing has been cancelled- the judge will decide the TRO based on the briefs already filed, then will set a date for the motion for injunction. and from Erin O'Connell: The Judge will send a ruling in the next day or so. No court will be held in Tacoma tomorrow. I'll keep you updated as detail come in. Also, everything looks quiet at Neah Bay. Gail warning in effect 15 knots winds westerly. ************************************ As the following article states, the Makah plan to issue a whaling permit today. The permit is good for 10 days. There are activists who are on the water and will be present should the Makah go hunting prior to the hearing. They will also be present should the motion go the wrong way. However, it is VITAL, IMPERATIVE and can't work without your help. These activists desperately need donations to cover the cost of fuel, lodging and vegan food. Donations can be sent to: Ocean Defense International P.O. Box 51 Sekiu, WA 98381 To donate money for fuel by credit card, please call (360) 963-2311. If you would like to send donations to help cover legal expenses, donations can be sent to: Meyer & Glitzenstein l601 Connecticut Ave. Washington DC 20009. write on the check or enclose a note stating for: Anderson v. Evans http://seattletimes.nwsource.com/html/localnews/134446443_webwhale01.html Wednesday, May 01, 2002 - 05:38 p.m. Pacific Anti-whaling activists ask judge to stop hunt By Elizabeth Murtaugh The Associated Press SEATTLE - Anti-whaling activists filed an emergency request in federal court today, asking a judge to bar the Makah tribe from again setting out on a hunt for gray whales. The motion for a temporary restraining order came a day after the tribe's attorney told The Fund for Animals that a whaling permit could be granted as early as Thursday, according to Michael Markarian, vice president of the New York-based organization. " We are hoping the court would move on this motion immediately and grant us some sort of relief so irreparable harm does not take place, " Markarian said. The temporary restraining order that whaling opponents are requesting would last 10 days - the same window of time a whaling permit from the Makah Tribal Council would give a group of hunters to kill a gray whale, said Kim Ockene, a Washington, D.C.-based attorney representing The Fund for Animals. Several calls to the Tribal Council and the tribe's attorney, John Arum, were not immediately returned today, but a spokeswoman for the Northwest Indian Fisheries Commission defended the tribe's right to whale. " The courts have continually held that the treaty rights stand, " said Debbie Preston, a coastal information officer in the commission's Forks office. The Fund for Animals, one of several environmental and animal-welfare groups suing the federal government over the Makah whale hunt, sought a preliminary injunction against the hunt two weeks ago. A preliminary injunction would last longer than a temporary restraining order. It seeks to prevent the Makah from hunting whales while a lawsuit challenging the tribe's right to whale makes its way through the courts. A hearing on the injunction request had been scheduled for Friday, but was postponed after the case was transferred from a federal judge in Seattle to U.S. District Judge Franklin Burgess in Tacoma, who presided over previous lawsuits challenging the whale hunt. The Makah's right to whale is outlined in their 1855 treaty. The tribe moved to resume the hunt when the whales were taken off the Endangered Species List in 1994. After making their case to the International Whaling Commission, Makah whalers were allocated 20 whales through 2002 - no more than five per year. They killed one, on May 17, 1999, their first in more than 70 years. Preston, who works with the Makah and several other Western Washington tribes, criticized opponents of the whale hunt, saying: " They've gone through every possible hoop imaginable and people keep trying to create new ones. ... It's such a small effort and it means so much to them as a tribe. " In the spring of 2000, a federal judge suspended whaling and ordered the National Marine Fisheries Service to conduct a new, more comprehensive environmental assessment. That study, issued last July, cleared the hunts to resume. It also expanded whaling territory to the Strait of Juan de Fuca. Under the previous regulations, whaling was allowed only near the tip of the Olympic Peninsula, off the Makah reservation. That second study also declared the Makah could hunt both migrating gray whales and those that spend much of their time along the Washington coast. A lawsuit The Fund for Animals and other groups filed in January challenges the expanded hunt, calling the studies that reopened the hunt inadequate. Whaling opponents allege the fisheries service and the National Oceanic and Atmospheric Association violated the National Environmental Policy Act and the Marine Mammal Protection Act, which allows only Alaska tribes to hunt whales. Brian Gorman, spokesman for the fisheries service, has countered that the government's studies clearly show that allowing the Makah to hunt no more than five gray whales per year from a population of about 26,000 would not threaten the species. As always, thank you for all you do for the whales. Let's collectively hope that the courts see the truth and rule for compassion. Sandra Abels U.S. Citizens Against Whaling " Saving Our Oceans One Whale At A Time " www.usagainstwhaling.org Quote Link to comment Share on other sites More sharing options...
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