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Whale Shot

“Daniel Archibald surrendered Thursday to face charges and was released on a $10,000 unsecured bond,” reports. “Archibald, who’s from Cape May, widely considered America’s oldest seaside resort, used a Mosin-Nagant rifle to shoot at pilot whales from the vessel Capt. Bob . . . A whale shot with a bullet from such a rifle was beached and then died in Allenhurst, more than 100 miles northeast of Cape May, in September 2011.” Ballistics on a three-year-old whale corpse has got to be difficult. But never mind. Danny confessed. Kinda . . .

Authorities said Archibald told them he had “sprayed” fire at pilot whales, which are extremely social animals, about a month earlier to chase them away from his vessel’s fishing lines.

Archibald’s lawyer Bill Hughes had his doubts about the case.

“I seriously question the U.S. attorney’s decisions with respect to this case,” Hughes said. “I wish the government had done a few things such as a fuller investigation and read the law.”

Under a 1972 federal law, it’s illegal to hunt, kill, capture or harass any marine mammal. The law exempts from penalties commercial fishermen who harm marine mammals incidentally.

Spray and pray you don’t hit whales with a Moison-Nagant? Not bloody likely, as the Brits would say.

Danny’s looking at some serious penalties courtesy the Marine Mammal Protection Act of 1972 (amended for fishermen in 1982): $20k per violation and a year in jail. The feds can also ding him for the entire value of his cargo at the time (tuna ain’t cheap). There’s an addition $25k civil penalty on the table, too. Not to mention the permanent loss of his gun rights.

The man who done turned him in could get a $2500 reward. But good luck finding work on another tuna boat. Just sayin’ . . .

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  1. How do you “spray” with a bolt action? He’s lying it was an AR! Save the whales from the evil black rifle!

      • Could probably build one on a .308 size receiver if someone made the correct barrel/chamber and bolt…

        • Good luck with that. The 7.62×54 is rimmed and would cause stacking issues in the mag, a problem that also occurs in the Mosin. That said, I’m sure it can be done, but it’d probably be as reliable as 7.62×39 AR.

        • @Nick: Um, the Mosin has no stacking issues. There’s a little gadget called the interruptor, and it ensures reliable feeding irrespective to stacking oddities.

    • Apparently you can, I’ve been yelled at on FUDD ranges for shooting a mosin too fast. Boy, if it woulda been my enfield they woulda thought it was full auto.

  2. Good
    Just desserts for a$&h$&le behavior which makes all sensible gun owners look horrible.
    Not to mention, shooting whales??

    • The Marine Mammals Act is real, and it appears he broke the law. However, I don’t necessarily see where a fisherman shooting at whales in Maine paints all gun owners with the same tarry brush. I seldom see whales swimming past my house in the mountains of Washington, and wouldn’t shoot one unless it was trying to break in and steal my dried krill supply.

      • @ Defens:
        1) Cape May is in NJ
        2) we all look bad when anyone is a jerk when using a gun QED
        3) pilot whales eat fish, not krill

        • Which is supposedly why the guy was shooting at them–to keep them away from the fish he was catching or trying to catch (like maybe his livelihood?). just sayin’…

    • This doesn’t make gun owners look bad to anyone “sensible.”

      So yeah, it will look bad to people in NJ.

  3. You can get one with your C&R license! You know, the one that Firearm Concierge doesn’t like!
    Moving on….

      • Because Robert likes assholes?

        Danny’s looking at some serious courtesy the Marine Mammal Protection Act of 1972

        Good. I hope he chokes on his last can of cat food

      • “I have no idea why that dude gets articles on here.”

        He is an NFA retailer. He qualifies as knowledgeable in the sale of those toys.

        He writes rather well and is entertaining as hell with his rants-peeves.

        He has a deliciously vicious sense of humor.

        Having spent time behind the counter of pawn & gun shops, his observation of the customers is spot-on most of the time.

        Personally, I think he enjoys getting a reaction from people with his writing…

        Reactions such as:

        “I have no idea why that dude gets articles on here.”

  4. I think there is a dark place in hell reserved for people who kill animals that are not harvesting the meat, not nuisance animals or for population control. Very unsportsmanlike.

    • “…not nuisance animals…”

      I’m not TOTALLY defending this guy but it seems a pod of animals trying to eat the fish you ARE harvesting is the very definition of nuisance animal.

      • how “speciest” of you to put the livelihood of humans above the interests of other people, such as whales and sea turtles /s/

  5. Hmmm… a Mosin has some range, and Kansas ain’t all that far from Maine.

    Maybe the ND by a kid at the range a couple-three years back hit that whale…


  6. Figures the whale swam 150 miles after being shot. If he’d used a Garand, now . . . that’ll take out a Great White Shark! Saw it on TV!

  7. Good. Shooting whales is about the biggest dick move you can pull off on the open seas. Hope they give him to the Whale Wars guys and let them keel haul him.

  8. He couldn’t have been shooting a mosin. There’d be a permanent cavity in the ocean where the bullet hit and vaporised metric tons of seawater. The crater in the ocean would remain as all the rest of the water would fear that spot for eternity.

    Now a bitty pilot whale shot with an AR could have swam for many miles before the needle like hole in his heart caused him to go flippers up.

    Just sayin’.

  9. I’ve heard tell the Eskimos use .303’s for their work…just a rumor…seems the action works well in subzero weather.

  10. Well now, DiFi will want to ban Moison Nagants because of the “spraying” action! I wonder if the “ghost gun” version of the Moison has a 30 caliber clip that can be emptied in half a second? This story seems a little fishy to me.

  11. Honestly I don’t care about a guy shooting a whale by being a putz. I don’t see the big deal.

    • I should clarify that by saying legally, shooting an animal and then having it live and swim for a hundred miles is completely messed up; but since he claims it to be an accident and that is allowed I doubt he should be charged.

  12. More fodder for the Mosin fanboys “you can totally kill whales with them, they are so power and accurate.”

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