The Makah Indian Tribe has requested authorization to hunt gray whales, a tradition secured by the 1855 Treaty of Neah Bay.
||| FROM NOAA FISHERIES |||
The Makah Indian Tribe has requested authorization to hunt eastern North Pacific gray whales (Eschrichtius robustus). The right to take whales at usual and accustomed grounds is a Makah tradition secured by the 1855 Treaty of Neah Bay.
The U.S. Ninth Circuit Court of Appeals ruled in 2004 that to pursue any treaty rights for whaling, the Makah Tribe must comply with the process prescribed in the Marine Mammal Protection Act for authorizing take of marine mammals otherwise prohibited by the Act’s moratorium on take. Under the MMPA, “take” means to harass, hunt, capture, or kill any marine mammal or attempt such actions.
On February 14, 2005, NOAA Fisheries received a request from the Makah for a waiver of the MMPA’s take moratorium. We are conducting a full evaluation of the Tribe’s MMPA waiver request.
Chronology of major events related to Makah Tribe’s request to hunt gray whales
On April 5, 2019, we published a proposed rule to issue a waiver under the MMPA and proposed regulations governing the hunting of eastern North Pacific gray whales by the Makah Tribe for a 10-year period. We also published a related notice of hearing before an administrative law judge to consider the waiver and proposed regulations.
Opportunities for public participation regarding the proposed waiver and regulations
On November 14, 2019, NOAA Fisheries convened a 6-day hearing in Seattle, Washington before the administrative law judge regarding the proposed waiver and regulations.
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