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ONE of the unforgettable experiences to be had in California is to go whale watching in Monterey Bay. Nancy Black, a licensed marine biologist, is one of the scientists who lead these commercial outings, besides doing her own whale research. As Lawrence Biegel, her lawyer, tells it, one day Ms Black was in her research boat with assistants when killer whales attacked a pod of grey whales and killed a calf. Its blubber floated to the surface, and the killer whales were about to feed on it. Seizing this opportunity to film their behaviour, Ms Black threaded ropes through some pieces of blubber, then lowered a camera underwater.
For this, Ms Black might now face up to 20 years in prison and half a million dollars in fines, after a federal grand jury indicted her this month. Little about the charges makes common sense. The federal law in question is the 1972 Marine Mammal Protection Act, which was intended to save dolphins, seals and whales from being killed and harassed. The law also banned feeding these animals, on the theory that doing so might compromise their ability to forage naturally in future. Feeding is what Ms Black is now accused of. She says she was using the protocols she had learned from the federal agencies that are now investigating her to observe a natural feeding that was already in progress.
Just as ridiculous, says Mr Biegel, is the accusation, increasingly common in federal cases, that Ms Black lied to the authorities, which carries its own prison terms. Ms Black always edits the commercial videos of her whale outings to make them more interesting. When investigators demanded footage, she gave them one of these edited videos. Prosecutors now claim that she had tampered with evidence.
