An administrative judge has recommended that a Native American tribe in Washington state once again be allowed to hunt gray whales.
An judge has recommended that a Native American tribe in Washington state once again be allowed to hunt gray whales — a major step in its decades-long effort to resume the ancient practice.
Since then, the tribe’s attempts have been tied up in legal challenges and scientific review. A federal appeals court ruled in 2002 that the Makah needed a waiver under the Marine Mammal Protection Act; the tribe applied for one in 2005 but still hasn’t received it.On Thursday, nearly two years after he presided over a hearing on NOAA Fisheries’ proposal to approve the waiver, Administrative Law Judge George Jordan issued his 156-page recommendation to the U.S. Department of Commerce.
While Jordan found the waiver’s issuance appropriate, he also recommended additional restrictions that could drastically cut the number of whales the tribe kills — perhaps as low as five whales over the decadelong waiver period. DePoe said the tribe is reviewing that recommendation but called it a potential source of frustration and further discussion.
There are fewer than 300 Western North Pacific gray whales remaining, Schubert said, and the recommended additional restrictions would not completely eliminate any risk to them.Evidence presented to the government showed that the Makah, who now number about 1,500 members, have hunted whales for more than 2,700 years. The tribe’s 1855 treaty with the U.S. reserved the “right of taking fish and of whaling or sealing at usual and accustomed grounds.
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