Makah Tribal Whale Hunt Frequently Asked Questions

NOAA Fisheries has received a request from the Makah Indian Tribe for a limited waiver of the Marine Mammal Protection Act moratorium on take of gray whales. In response, NOAA Fisheries has announced a proposed waiver and regulations, as well as a hearing and how interested parties can participate.

West Coast

Members of the Makah Tribe rowing a boat

Can you please provide some context on this issue?

On February 14, 2005, NOAA Fisheries received a request from the Makah Indian Tribe for a limited waiver of the Marine Mammal Protection Act moratorium on take of Eastern North Pacific gray whales (Eschrichtius robustus). The Tribe requested that NOAA Fisheries authorize a tribal hunt in the coastal portion of the Tribe’s usual and accustomed fishing area for ceremonial and subsistence purposes and authorize the making and sale of handicrafts created from the harvested whales. The Act imposes a general moratorium on the taking of marine mammals but authorizes the Secretary of Commerce to waive the moratorium and issue regulations governing the take of marine mammals if certain statutory criteria are met.

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 and a related notice of hearing before an administrative law judge to consider the waiver and proposed regulations. NOAA Fisheries’ decision on whether to waive the moratorium and issue regulations involves “formal rulemaking” and must be made on the record after an opportunity for an agency hearing on both the proposed waiver and regulations. That hearing took place on November 14–21, 2019 before Administrative Law Judge George J. Jordan in Seattle, Washington. The hearing was publicly conducted and reported verbatim by an official reporter.

On September 23, 2021, the Administrative Law Judge transmitted his recommended decision to the Assistant Administrator for NOAA Fisheries along with the hearing transcript and other required documentation. These documents—and public comments on them—informed our final decision on the Makah Tribe’s waiver request.

On June 13, 2024, NOAA Fisheries announced its final decision granting a waiver to the Makah Tribe to allow a limited subsistence and ceremonial hunt of ENP gray whales. NOAA Fisheries also promulgated regulations to govern the issuance of hunt permits and the hunt itself.

Timeline, past documents, and past comments

Why would NOAA Fisheries consider allowing the Makah Tribe to hunt gray whales?

The Treaty of Neah Bay of 1855 between the Makah Tribe and the United States expressly provides the Tribe the right to hunt whales. The Ninth Circuit Court of Appeals specified the process the Tribe must follow to exercise that right, including seeking a waiver of the Marine Mammal Protection Act and obtaining the necessary permits from NOAA Fisheries. NOAA Fisheries also establishes regulations for a hunt. Both NOAA Fisheries and the Tribe are following this process.

The MMPA imposes a general moratorium on the taking of marine mammals but authorizes the Secretary of Commerce to waive the moratorium and issue regulations governing the take of marine mammals if certain statutory criteria are met. The Assistant Administrator for Fisheries, after a hearing on the record, has determined that these statutory criteria have been met and is granting the request for a waiver. As described above, additional steps in the process still need to be completed before the Tribe can resume hunting.

How soon could the Makah Tribe hunt whales?

It is difficult to say when the Tribe might resume such hunts. As described in the flowchart, there are steps under the permit process and the Whaling Convention Act that must be completed before the Tribe could resume hunting.

Makah Waiver Request Process Flowchart

Figure 1: Flowchart of NOAA Fisheries’ Steps in Granting or Denying the Makah Tribe’s Request for a Waiver of the Marine Mammal Protection Act’s Take Moratorium. (Source: NOAA Fisheries, June 2024) Download file.

Will hunting jeopardize gray whales on the West Coast?

The proposed Makah hunt would remove at most two to three whales per year from the estimated population of approximately 17,400 to 21,300 Eastern North Pacific gray whales that migrate along the West Coast. NOAA Fisheries scientists monitor the gray whale population closely through regular stock assessments and recently concluded that the stock has fully recovered from the days of commercial whaling and has been stable since the mid-1990s. Recent stock assessment reports for these gray whales estimated that 600–800 individuals could be removed annually from the population without affecting the stock’s optimum sustainable population size, which is the level that achieves maximum productivity of the population, keeping in mind the carrying capacity of the habitat and the health of the eastern Pacific Ocean ecosystem upon which the whales rely.

What rules would the Tribe have to follow in hunting whales?

The final regulations governing the Tribe’s hunt are detailed in the Federal Register notice and include time and area restrictions, strike and harvest limits, use of gray whale products, and hunt monitoring. In addition, the measures provide for adaptive management of the hunt. The basis for the various provisions in these regulations stem from the hunt alternatives, including the Tribe’s proposal, considered under the National Environmental Policy Act; the hearing record, and public comment. The final regulations are designed to minimize impacts on a smaller group of Eastern North Pacific gray whales, known as the “Pacific Coast Feeding Group,” that feed in the Northwest throughout the summer. The final regulations also provide protection for gray whales from the western North Pacific stock, which are far fewer in number (approximately 300 animals) than those from the Eastern North Pacific stock.

Final Environmental Impact Statement on the Makah Tribe Request to Hunt Gray Whales

What happens next?

Under this waiver, the Makah Tribe can apply for a permit to conduct a limited subsistence and ceremonial hunt consistent with the implementing regulations. Upon receipt of the permit application, NMFS will publish a notice of receipt in the Federal Register and seek public comment.

How does NOAA Fisheries’ decision to grant the Makah Tribe an MMPA wavier align with the International Whaling Commission catch limits?

NOAA Fisheries’ final rule decision to grant the Makah Tribe a waiver from the prohibitions in the Marine Mammal Protection Act to conduct a limited subsistence and ceremonial hunt of Eastern North Pacific gray whales is in accordance with the Treaty of Neah Bay of 1855 and catch limits established by the International Whaling Commission (IWC) since 1997 for the Makah Tribe in the U.S. and Chukotka Natives in Russia. Under this final rule, there will be no change to the number of ENP gray whales hunted per the catch limits first established by the International Whaling Commission in 1997. The Makah Tribe is regaining its portion of the catch limits, which has been utilized by Chukotkan Natives in Russia, for roughly 20 years while the MMPA proceedings occurred.