Petty Officer Shawn Eggert said the whale was headed toward the Pacific Ocean after being wounded Saturday morning. But it disappeared beneath the surface about 7:15 p.m., dragging buoys that had been attached to a harpoon, and did not resurface. A biologist working for the Makah Indian tribe declared it dead, Eggert said.

Five people thought to be members of the Makah tribe shot and harpooned the whale on Saturday morning, Petty Officer Kelly Parker said in Seattle.

A gray whale with a harpoon still sticking from its side is tethered with floats to a small boat on Saturday, Sept. 8, 2007, in the Strait of Juan de Fuca. (Keith Thorpe/Peninsula Daily News)

They were detained by the Coast Guard, and later turned over to Makah tribal police.

Dave Sallee lives nearby and recorded the hunt from his own boat with a video camera.

"It was like a high speed chase and the whale was gonna die," he said. "We could see several buoys hooked to the whale at that time. And then the shooting started and we got off the water.

"We counted 21 shots from what sounded to be a high-powered rifle."

Tribal officials did not immediately return a call for comment.

Although the Makah Tribe has subsistence fishing rights to kill whales, preliminary information indicated the whale may have been shot illegally, said Mark Oswell, a spokesman for the law enforcement arm of the National Marine Fisheries Service.

"We allow native hunts for cultural purposes. However, this does not appear to be of that nature so far," he said.

The Coast Guard, using two boats, had created a 1,000-yard safety zone around the injured whale after it was wounded about a mile east of Neah Bay in the Strait of Juan de Fuca, about 120 miles northwest of Seattle. The strait separates Washington state from British Columbia's Vancouver Island, and connects the Pacific Ocean to Puget Sound.

"As far as we know these men didn't have any kind of permission from the tribe," Eggert said.

The Marine Mammal Protection Act outlaws whaling in the United States, but the Makah Tribe of Neah Bay has won the right to resume whale hunting off the coast of Washington state, based on an 1855 treaty with the federal government.

The Makah Tribe, which has more than 1,000 members and is based in Neah Bay, hunted its first whale in 70 years in 1999 with the permission of the U.S. government and the Makah tribal council. A gray whale was killed, its meat was distributed to tribal members, and the carcass' skeleton was eventually mounted in the tribal museum.

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