Makah Whaling

Ugly rumors swirled in February, as a small and defiant team of Makah Indians was discovered practicing in their whaling canoe at dusk. They had planned to kill a gray whale when the spring migration started, in defiance of the recent legal decision that had put the hunt on hold. It now seems that cooler heads have prevailed, the whales will pass safely, and the Tribe's authorities remain in control.

The Ninth Circuit Court of Appeals had decided last year that NMFS had to complete an Environmental Impact Statement (EIS) before permitting the Makah to kill gray whales. CSI is a plaintiff in that case. In February the Department of Commerce and the Makah Indian Tribe predictably petitioned the Court of Appeals for a rehearing, and arguments will be presented in April. The petition was joined by many other tribes, in response to what is viewed by Native Americans as an infringement on treaty rights.

In its decision the Court had said that "both the federal defendants and the Tribe did not satisfy the permit or waiver requirements of the MMPA", "we conclude that the issuance by NOAA of a gray whale quota to the Tribe, absent compliance with the MMPA, violates federal law", "the EA simply does not adequately address the highly uncertain impact of the Tribe's whaling on local whale population and the local ecosystem", and "We hold that the federal defendants did not satisfy NEPA when they issued a finding of no significant impact."

CSI urges you to express yourself during the public comment period for the Makah whaling EIS, according to the official notice: The Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), has give "Notice of Intent to Prepare an Environmental Impact Statement for Issuing Annual Gray Whale Subsistence Quotas to the Makah Indian Tribe for the years 2003 through 2007; request for written comments. NMFS has announced its intention to prepare an EIS, in accordance with the National Environmental Policy Act, to assess the impacts of issuing annual subsistence quotas for gray whales to the Makah Tribe for the years 2003 through 2007. NMFS solicits comments and information to facilitate this analysis. Comments and information must be postmarked by April 21, 2003, and be sent to Chief, Marine Mammal Division (F/PR2), Office of Protected Resources, National Marine Fisheries Service, 13th Floor, 1315 East-West Hwy, Silver Spring, MD 20910. Please mark the outside of the envelope with "Comments on Gray Whale Analysis." Comments will not be accepted if submitted via email or Internet. For further information contact Chris Yates, 301-713-2322.