NEAH BAY — In the wake of a federal appeals court ruling that bars the Makah from hunting gray whales, tribal representatives say they will seek a full-panel review of the decision and may take it to the U.S. Supreme Court.
“We think the decision is wrong,” Makah tribal attorney John Arum said Friday from his Seattle office.
His comments followed a Friday ruling of a three-judge panel from the 9th U.S. Circuit Court of Appeals in San Francisco.
The ruling orders the National Oceanic and Atmospheric Administration and National Marine Fisheries Service to prepare a full environmental impact statement before the Makah can resume whaling.
The panel also said the whale hunt violates the Marine Mammal Protection Act.
The decision reverses a ruling earlier this year by U.S. District Court Judge Franklin D. Burgess in Tacoma.
Burgess’ ruling said animal rights groups seeking to stop whaling failed to prove the federal agencies’ assessment of the hunt’s impact was arbitrary or capricious.
But the appeals panel said the federal Commerce Department agencies failed to comply with the National Environmental Policy Act when their assessment determined there was no significant impact from the hunt.
“Having reviewed the environmental assessment prepared by the government agencies and the administrative record, we conclude that there are substantial questions remaining as to whether the tribe’s whaling plans will have a significant effect on the environment,” Judge Marsha S. Berzon wrote.
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