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Court case highlights conflict between fishermen and marine mammals

November 16, 2015 — A Cape May County tuna fisherman is fighting federal charges of shooting a pilot whale that was feeding on his boat’s catch.

Daniel Archibald denies the charges filed against him in U.S. District Court. But his lawyer, Bill Hughes Jr., said in court papers that even if Archibald shot the animal, he wasn’t breaking any laws.

The unusual case highlights the often contentious relationship between fishermen and the seals, whales and dolphins that steal their catch. And it points to the murky laws that give fishermen, marine contractors, researchers and others permission in some cases to kill them.

Prosecutors say Archibald, 27, of Cape May, in 2011 used a rifle to shoot at short-finned pilot whales feeding on the long-line catch of the Capt. Bob, a tuna boat based in Sea Isle City.

He was charged with conspiracy to take marine mammals on the high seas and violations of the Marine Mammal Protection Act.

Read the full story at Press of Atlantic City

Filing: Wrong Man Charged With Killing Whale off New Jersey

October 9, 2015 — A tuna fisherman charged with killing a pilot whale that died of a bullet wound said Friday the charges against him should be dismissed.

The fisherman, Daniel Archibald, said in a court filing that the investigation disregarded the facts. He alleges investigators used an illegal, warrantless search. He also says investigators ignored ballistics tests that showed a bullet in the whale could not have come from his Mosin-Nagant rifle, a World War II-era weapon.

The U.S. Attorney’s Office for New Jersey declined to comment on the case. The government has not yet responded to the briefs calling for the charges to be dismissed.

The pilot whale was found on a beach in Allenhurst in September 2011 and it died soon after that. Authorities determined that the 740-pound mammal starved to death because of an infection caused by a bullet that hit it about a month earlier.

Read the full story from the Associated Press at ABC News

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