From the AP:
Trial is scheduled to begin Tuesday in federal court in Tacoma for two Makah tribal members accused of killing a gray whale without a federal permit.
Andy Noel and Wayne Johnson face up to a year in prison and a $100,000 fine if convicted of violating the Marine Mammal Protection Act. The two turned down a plea deal accepted last month by three other whalers. All five still face prosecution in tribal court in Neah Bay. They harpooned and shot a whale Sept. 8 in the Strait of Juan de Fuca.
On a pretrial motion, Magistrate J. Kelley Arnold ruled that the defendants could not argue the whaling was a religious or cultural exercise. Defense lawyer Jack Fiander says that may be appealed.