1855 treaty trumps law in Makah whaling, defense will argue in hearing for five whalers

TACOMA — The 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.

On Tuesday, lawyers for five Makah men who killed a gray whale Sept. 8 will argue pretrial motions in front of U.S. Magistrate J. Kelley Arnold in federal district court in Tacoma.

The issues are so complicated that the federal attorney Friday asked to file a 19-page brief — seven pages longer than the 12-page limit imposed by the court’s guidelines.

“Defendants’ motions raise complex legal issues involving international treaties, conventions, agreements and domestic statutes,” said the motion by Assistant U.S. Attorney James Oesterle.

The five men charged in federal court are Andy Noel, Wayne Johnson, Frankie Gonzales, Theron Parker and William Secor Sr.

More in News

Jamestown S’Klallam Tribe council leaders celebrate the opening of the tribe’s new library at its Blyn campus on Saturday. Pictured, from left, are treasurer Theresa Lehman, vice chair Loni Grinnell-Greninger, chair/CEO Ron Allen and secretary Rochelle Blankenship. (Michael Dashiell/Olympic Peninsula News Group)
Jamestown S’Klallam Tribe celebrates library opening

Chairman/CEO: New facility is ‘second to none’

Solar array, battery storage to be installed on Port Angeles Senior Center

System could provide hours of backup power in case of an outage

UPDATE: Power restored between Sequim, Port Angeles

A tree has been removed from a Clallam County PUD… Continue reading

Road work to close Quinault Loop

Work crews from Haztech Drilling will begin geotechnical drilling… Continue reading

Fiber gathering Thursday at Studio Bob

Marva Holmes will host “St*tch & B*tch” at 4:30… Continue reading

Dream Playground to be fully covered by insurance

Donations still will be used in May rebuild

About 30 sailboats compete in the Port Townsend Sailing Association’s 33rd annual Shipwrights Regatta on Port Townsend Bay on Saturday. More of a fun event than a sailing competition, awards are given out during a pizza party afterward for the most navigationally challenged (Directional Helmet trophy) and for the “saltiest” boat and crew. (Steve Mullensky/for Peninsula Daily News)
Shipwrights Regatta

About 30 sailboats compete in the Port Townsend Sailing Association’s 33rd annual… Continue reading

The City of Sequim hosts 13 manufactured home/mobile home parks with 596 existing units and 786 approved dwelling units. City staff continue to look into zoning options that could protect these sites from redevelopment to help protect affordable housing options in the city. (City of Sequim)
Sequim extends its mobile home moratorium

City staff to work preserving manufactured housing option

Olympic Medical Center chief outlines efforts at improvements

Decreased number of travelers among them

Jay and Trudi Inslee wear red for #WearRedDay to support women’s heart health in 2022. (Jay Inslee)
Gov. Inslee reflects in his final year of three terms

On the second level of the white and gray marbled… Continue reading

KEITH THORPE/PENINSULA DAILY NEWS
Chris Johnson of Nordland-based Nordland Construction loads traffic drums onto a trailer as coworker Robert Bufford prepares to secure the load as the pair prepares to open the parking lot at Port Angeles City Pier to automobiles on Friday. The work was part of a project to improve storm drainage, replace damaged sidewalks and ADA ramps and mitigate shoreline erosion around the lot, which had been closed since early January. Tree replacement and other project detail work is expected to follow over the next few weeks.
City Pier parking open

Chris Johnson of Nordland-based Nordland Construction loads traffic drums onto a trailer… Continue reading

Sequim Citizen of the Year luncheon on Tuesday

Emiko Brock, Labbe, Olsen to be honored