Salmo,
The fact is, there is no reason for this to be taking so long in the courts. If we look at any precedent involving Boldt, we know what the end result is. I believe it has been asserted that the tribes are allowed to take from threatened runs under certain circumstances. The Fed's need to step up and let this take place. The injunction to stop whaling until the courts have this worked out is really a farce. The courts could just as easily allowed the Makah's to keep whaling until the courts rule otherwise. Even if the whales are considered threatened, the take they are suggesting would not be enough to further endanger the whales. If worried why not limit them to one whale a year. Why not put sanctions on the Japanese for violations of the treaty. This whole case is about precedent involving other countries and social concerns. If I was part of the Makah tribe, I very well might let the courts know that we were pulling out of any further talks and authorizing a hunt. I am confident that if the Makah's never agreed to talk and would have just started hunting the government would have stepped aside. By trying to work with the government for political and social reasons, they are being treated unfairly. Now that they agreed to get permission they are stuck waiting endlessly for no reason. I wonder if the tribe ever would get their permits without someone like Mr. Johnson doing what he did and driving this into the public eye. If I was the tribe, I would consider letting Mr. Johnson be tried be federal government, and take the approach that while he did not have permission, there was no actual tribal ordinance prohibitting what he did, only a social heirarchy. That way the tribe could let this be worked out in two different courts at the seme time. I would guess that the federal government would balk at trying to try Mr. Johnson or would find they have no grounds to stop him, at which point the permits would become a moot point, especially since the tribe has already gotten permission from the international whaling commission.

When it comes to rich enviromentalists, that is something that has to be taken in context what is happening. Most people don't have lawyers on staff, a huge boat like the rainbow warrior, time to sit around for months with nothing to do but stop a hunt like this, the money to offer them a million a whale and such. When we visited right after the hunt, some idiot enviromentalist decided to block the road out of town with his very expensive RV. I say idiot because he blocked everyone from leaving, not coming and did so on reservation rather than off. I was surprised when the tribal police simply arrested them and escorted them off the tribal land and did not impound his RV, something I am sure anyone with a brain would have been worried about. So in the tribe's eyes, they only see rich people who have no worry about work and millions to spend to stop them from doing what they feel they have a right to do.

Todd,
Do you have a legal opinion?