Makha Whaling Claim Supported by US Authorities

"The US authorities have given us great support in our wish to exercise our treaty rights on whaling. That has encouraged us. We are more used to uphill struggles," states Makah fisheries manager Dave Sones.

The Makahs right to utilize fish and marine mammal stocks is secured in a treaty with the US signed in 1854. The treaty does not only give the Makahs the right to subsistence use of the resources but also to commercial use. Traditionally, grey whale oil served as a trade item with other Indian nations. The quota request for 5 grey whales expected to be presented to the IWC next year, is for subsistence and ceremonial purposes.

In a letter to the US department of commerce and state, the tribe writes: "It should be emphasised, however, that we continue to strongly believe that we have a right under the Treaty of Neah Bay to harvest whales not only for ceremonials and subsistence, but also for commercial purposes." Sones comments: "It is not that we have any intentions at present to start a commercial harvest. We just don't want our rights to be cut off. We want the government to understand that the right to a commercial utilization is part of our treaty rights."

Makah Tribal Council Chairman, Hubert Markistum, states in a May 23 press release that they "in the spirit of cooperation" are seeking IWC approval of their subsistence whaling activity. He stresses that "this in no way should be construed as a waiver or relinquishment of our treaty-secured rights."

The US Marine Mammal Protection Act bans all commercial utilization of marine mammals. Sones does not believe that any of their treaty rights have been removed by this act. "We fully accept conservation measures to rebuild depleted populations. But when they are back on a historical level we will be entitled to claim our rights." he said.

Even under the extremely conservative IWC quota calculation model (the RMP), the Makahs would have been entitled to a substantial quota. And this has probably been the case for some years. The grey whale stock has been growing by 3 percent annually, but the Makahs first move had to be to ensure the removal of the Grey Whales from the US endangered species list, which gives it total protection. This they succeeded in achieving last year.