February 17, 2008

Makah defense shapes up

1855 treaty trumps law in Makah whaling, defense will argue in hearing for five whalersThe names and faces will be different, but the issue will stay the same: Does a federal treaty trump federal regulations?

The Treaty of Neah Bay in 1855 guaranteed the Makah tribe the right to hunt and kill whales and other marine mammals in the Pacific Ocean and the Strait of Juan de Fuca.

The Marine Mammal Protection Act that Congress passed 117 years later protects the same species.
Comment:  For more on the subject, see The Makah Whale-Hunt Controversy.

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