The Makah Indian Tribe is seeking to continue limited treaty-right hunting of eastern North Pacific gray whales (Eschrichtius robustus). The right of whaling at usual and accustomed grounds is a Makah tradition secured by the 1855 Treaty of Neah Bay. Makah whaling dates back at least 1,500 years, but was halted in the 1920s because the eastern North Pacific gray whale population was severely reduced by commercial whaling.

With international and national legal protections, the eastern North Pacific gray whale distinct population segment recovered. The whales were removed from the Endangered Species list by NOAA Fisheries Service in 1994. The Makah hunted one eastern North Pacific gray whale in 1999, but have since been prevented from exercising treaty hunting rights by litigation.

The Ninth Circuit Court ruled in 2004 that the Makah, to pursue any treaty rights for whaling, must comply with the process prescribed in the Marine Mammal Protection Act (MMPA) for authorizing take of marine mammals otherwise prohibited by a moratorium. (Take means to or attempt to, harass, hunt, capture, or kill any marine mammal.) On Feb. 14, 2005, NOAA Fisheries Service received a request from the Makah for a limited waiver of the MMPA’s take moratorium, including issuance of regulations and any necessary permits.

The Northwest Region is conducting a full evaluation of the tribe’s MMPA waiver request. The first step in that evaluation is to develop a draft environmental impact statement (DEIS) in accordance with the provisions of the National Environmental Policy Act (see NEPA Process section). Please check our Website for updates as we continue to evaluate the Makah’s MMPA waiver request.

May 9, 2008: Draft EIS Released, Public Comments Requested

NOAA's Fisheries Service released a draft EIS of the Makah Tribe’s request to hunt eastern North Pacific gray whales. The DEIS provides an important opportunity for the public to formally comment on the tribe's proposal and the various alternatives. Public comments were due Aug. 15, 2008. NOAA Fisheries will address public comments in the final version of the EIS. These comments, in conjunction with considerations described in the DEIS, will provide key information to assist NOAA Fisheries with its final decision on the tribe's request.