A Washington state native band has charged five of its own members with hunting and killing a grey whale in the Strait of Juan de Fuca.

The five men are alleged to have shot and harpooned the whale in Neah Bay, just south of Vancouver Island, on Sept. 8.

The U.S. Coast Guard said the men attacked the whale using a large-gauge rifle and harpoons, and that the whale lived for more than 10 hours before sinking to its death.

All five men are members of the Makah native band, which has spent the last few years fighting the U.S. government to allow the resumption of its traditional whale hunt.

Makah band councillor Michael McCarty said the hunt in September was not authorized, and the tribal council has laid charges against the men.
 
"Five Makah men were charged with violation of tribal laws that govern our treaty rights that access marine mammals," McCarty said on Tuesday.

"We have a serious issue with maintaining our integrity as a responsible partner with the federal government and in some cases Washington state."

The men face a year in jail and a fine of $5,000 US each. They may also face federal charges, which carry penalties of a year in prison and fines of $100,000, McCarty said.

The five accused are expected to make their first appearance in tribal court in February.

The Makah band was granted a quota to hunt four whales per year by the International Whaling Commission in 1997, and it hunted and killed one grey whale in 1999 but has since been prevented from hunting by legal challenges.

The Makah share close cultural links to the Nuuchalnulth bands that live on the West Coast of Vancouver Island and that also traditionally hunted whales.