Makah Tribal Whale Hunt
The Makah Indian Tribe has requested authorization to hunt gray whales, a tradition secured by the 1855 Treaty of Neah Bay.
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Request to Hunt Gray Whales
The Makah Indian Tribe has requested authorization to hunt eastern North Pacific gray whales (Eschrichtius robustus). The right to take whales at usual and accustomed grounds is a Makah tradition secured by the 1855 Treaty of Neah Bay.
The U.S. Ninth Circuit Court of Appeals ruled in 2004 that to pursue any treaty rights for whaling, the Makah Tribe must comply with the process prescribed in the Marine Mammal Protection Act for authorizing take of marine mammals otherwise prohibited by the Act's moratorium on take. Under the MMPA, “take” means to harass, hunt, capture, or kill any marine mammal or attempt such actions.
On February 14, 2005, NOAA Fisheries received a request from the Makah for a waiver of the MMPA's take moratorium aand began conducting a full evaluation of the Tribe's MMPA waiver request.
2005 Makah Request for Marine Mammal Protection Act Waiver
Chronology of Major Events
The Makah Indian Tribe's tradition of whaling dates back at least 1,500 years. In the 1920s the Makah Tribe ceased whaling after commercial hunting greatly reduced the eastern North Pacific gray whale population.
Latest Action
March 19, 2025: NOAA Fisheries announces receipt of the Makah Tribe’s permit application to hunt gray whales with a Federal Register notice opening a 47-day comment period.
Chronology of major events related to Makah Tribe’s request to hunt gray whales
National Environmental Protection Act Analysis of Makah Request
Our first step in evaluating the request was to develop a draft environmental impact statement in accordance with the provisions of the National Environmental Policy Act, which we released for public comment in May 2008. In May 2012 we terminated that initial process and began developing a new DEIS in light of substantial new scientific information central to our consideration of the Tribe's request and our NEPA evaluation. In March 2015, we released a new DEIS that considers that new information and public input from our previous requests for comment.
On February 27, 2020, we announced our intent to prepare a supplement to the 2015 DEIS. The supplement will be based on the Assistant Administrator’s consideration of the administrative law judge’s recommendation and public comments on that recommendation.
On November 17, 2023, we published the Final Environmental Impact Statement, which evaluates a no action and six action alternatives. The preferred alternative is based on the administrative law judge’s recommendation and public comments on that recommendation. The release of the Final Environmental Impact Statement represents a required step in the process that brings the NOAA Assistant Administrator closer to a final decision.
Final Environmental Impact Statement and key documents
Affirmative MMPA Waiver Decision
On June 13, 2024, NOAA Fisheries announced an affirmative decision to grant the Makah Tribe’s request for a waiver under the MMPA and promulgated associated regulations governing the hunting of eastern North Pacific gray whales by the Makah Tribe for a 10-year period. NOAA Fisheries also published a Record of Decision under the National Environmental Policy Act on the Makah Tribe’s request for a waiver.
Hunt Permitting
The waiver regulations require the Makah Tribe to obtain a hunt permit under Section 104 of the MMPA in order to conduct a ceremonial and subsistence hunt of ENP gray whales. The initial hunt permit may last up to three years, while subsequent permits may last up to five years. Permit applications must include the information required in 50 CFR § 216.113(a). The permit process includes the opportunity for public notice and comment on the permit application (16 U.S.C. 1374).
On March 3, 2025, we received an initial application for a hunt permit from the Makah Tribe. We determined the application was complete and published a notice of receipt of the application in the Federal Register and solicited comments.
Public comments on the application can be submitted through regulations.gov or by mail as described in the federal register notice, or via email to MakahPermit.WCR@noaa.gov, until May 5th, 2025 at 11:59 PM EDT.