3-mile limit sinks
case of tailing whales
WAILUKU >> A state judge has dismissed 33 misdemeanor charges against Pacific Whale Foundation, ruling that the alleged offenses occurred outside state waters.
Circuit Judge Joseph Cardoza dismissed the charges last week because the alleged offenses occurred more than three miles offshore and were, therefore, outside the court's jurisdiction.
However, the foundation still faces trial this fall on 58 remaining counts alleging it conducted whale research in state waters without a permit in early 1998.
The charges claim that Pacific Whale Foundation vessels got too close to a humpback whale without a state permit to conduct research.
State and federal regulations prohibit anyone from approaching a whale, although scientists may be allowed to approach the animals with an approved research permit.
The charges cover incidents from January to May 1998 during the humpback whale season.
The trial is scheduled for Sept. 22.