Restaurant Charged with Serving Sei Whale Closing

Santa Monica - The Santa Monica sushi restaurant The Hump will permanently close Saturday, 10 days after being charged with illegally selling Sei whale meat in violation of the federal Marine Mammal Protection Act.

"The Hump hopes that by closing its doors, it will help bring awareness to the detrimental effect that illegal whaling has on the preservation of our ocean ecosystem and species," according to a statement posted today on the restaurant's Web site, thehump.biz.

"Closing the restaurant is a self-imposed punishment on top of the fine that will be meted out by the court. The owner of The Hump also will be taking additional action to save endangered species.

"One such action will be to make a substantial contribution to one or more responsible organizations dedicated to the preservation of whales and other endangered species."

"The Hump apologizes to our loyal customers, the community of Santa Monica and the public at large for our illegal actions. While the current difficulties faced by The Hump overshadow the many friendships formed over the years, we want our customers and friends to know how much we thank you for your support."

Typhoon Restaurant Inc., the parent company of The Hump, and one of the restaurant's chefs, 45-year-old Kiyoshiro Yamamoto of Culver City, were each charged in U.S. District Court in downtown Los Angeles March 10 with a misdemeanor count of selling a marine mammal product for an unauthorized purpose.

Gary S. Lincenberg, an attorney for the Santa Monica Airport-based restaurant, said at the time it "accepts responsibility for the wrongdoing charged by the U.S. Attorney and will agree to pay a fine and resolve this matter in court."

Sei whales are listed as an endangered species, and the sale of all whale meat is prohibited in the United States by the Marine Mammal Protection Act.

The misdemeanor federal charge carries a maximum penalty of one year in federal prison and a maximum fine of $100,000 for an individual or $200,000 for an organization.

The charges were the result of a covert operation that included several visits to the trendy sushi spot over the past five months.

According to Roxanna Behtash, a special agent with the National Oceanic and Atmospheric Administration, confidential informants secretly videotaped whale being served at the restaurant last October.

"I have probable cause to believe The Hump has illegally possessed and sold whale meat," Behtash wrote in an affidavit in support of the criminal complaint.

In subsequent visits, informants were offered whale -- as well as blow fish and horse meat -- by a waiter, according to the affidavit.

During yet another visit by undercover federal agents, a sushi chef was observed going out to his car and coming back apparently with whale meat, which was then prepared as sushi, Behtash wrote.

The first word of the unusual offering at The Hump came from the Oscar-winning team behind the documentary "The Cove," The New York Times reported March 9.

The filmmakers alerted federal officials after allegedly confirming that the restaurant was serving sushi identified as Sei whale.

The Hump has only six tables and is located on an upper floor with views of the Santa Monica runway and Pacific Ocean.

The Hump's name has nothing to do with whales. The restaurant is named for the aviation slang term for the Himalayas. The restaurant has been open for 12 years.