Pacific Spirit Marine Institute
Tuesday, September 11, 2007
The only US-Indian treaty that expressly gives a tribe the right to hunt whales as well as seals is the 1855 Treaty of Neah Bay. In the late 1920’s the Makah themselves suspended whaling because the population of Gray Whales had become so diminished from commercial whaling that began in the mid-ninetieth century,
The Gray Whale was placed on the federal endangered species list essentially banning the hunt for Gray Whales by anyone. The Makah’s had already stopped whaling in the 20’s so the ban had no relevant point to the tribe at that time.
When the Gray was removed from the endangered species list, in 1994, the point became one of the US federal government’s responsibility to live up to the 1855 Treaty of Neah Bay. As it was determined that the population of the Gray Whales was at a healthy number, a lawsuit was brought against NOAA fisheries in 1997 which led to the Makah’s being granted a quota of 5 ’strikes’ per year until 2002.
The quota of 5 was set by the ‘whaling commission’.
The Makah resumed whaling in 1998. It is widely recognized that the tribe has only taken one whale since then, which was an adult female taken in 1999. An agreement was reached that after the quota period expired in 2002 the Makah would have to obtain a waiver before a hunt. So in February 2005 the Makah did just that…The US government is ‘reviewing the Tribe’s request’.
Is it reasonable for the federal government to take more than 3 1/2 years to review the Makah request to grant or deny the waiver?
Was Saturdays strike on the Gray Whale by some members of the Makah tribe a direct result of the frustration felt by having to wait more than 43 months for the thumbs up or down from the government?
The Makah Tribal Chairman Ben Johnson Jr, is afraid Saturday’s killing of the Gray Whale will affect the Makah’s case to be granted their waiver, and reaffirms the tribe did not authorize the killing of the whale over the weekend. He promises to prosecute ‘those responsible’.
Of the 5 men detained and later released on bail 2 of them were participants in the legal 1999 hunt. One of the men said he wasn’t ashamed of what he had done, and he was feeling ‘kind of proud’ and that he should have done it years ago.
Brian Gorman, A spokesman for the National Marine Fisheries Service, the agency that has taken 43 months to review the Makah request for a waiver said he does not believe Saturday’s whale killing will affect the tribe’s application.
What a sad state of affairs. The whale, now at the bottom of the sea, serving no one and 5 men facing fines of up to $20,000.00 each and a year in prison.
Photo: Museum of History and Industry
Labels: Gray Whale, Makan, Ocean, Ocean Habitat, Ocean Mammals, Sea Mammals, US Coast Guard, Whales
© 2009, Pacific Spirit Marine Institute.
The Makah’s, the Gray Whale and the Waiver…
