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Kendal Crawford, a 14-year-old eighth-grade student at Canyon Park Junior High School in the Northshore district, won first place in the Junior Division, Historical Paper Category, of the 2008 North Puget Sound Regional History Day competition. Her essay, presented here, is on the controversy over the Makah Tribe's  right to hunt whales as specified in their treaty and as opposed by some environmental groups.

Upholding a Compromise

Neah Bay, on Washington’s western coast, is a long ways from anywhere. A winding road passes through trees that tower to the sky like pine-cloaked giants, sun glancing off their branching arms. Across the water is the sleeping form of mountains and ahead the Pacific stretches forever. It seems like a step back in time. It’s a great surprise to see a little town looking as if it just sprung from the ground at what seems to be the very tip of the world. This is Neah Bay on the reservation of the Makah Tribe.

In their own language, the Makah called themselves ‘Kwih-ditch-chuh-ahtx’, meaning ‘people who live by the rocks and seagulls’[1].   The Makah inhabited the Washington Olympic Peninsula, from the tip of Cape Flattery, southward along the Pacific and east along the Strait of Juan de Fuca for thousands of years before 1855.

The Makah were renowned for whaling. Spiritually, whaling was important. Many rituals, songs, and dances were performed for the hunt. Designs, baskets and legends were also created. Whaling was also important socially; the whalers were given great honor and respect. Whaling was important economically as well; four whales would feed a village for a year and almost everything was used. However, starting in 1995 the Makah tribal whaling controversy grew as a result of conflicting cultural values between Native American and conservation ideals. Because no compromise was reached, social and political tension remain unresolved today.

In 1787 or 1788, Euro-Americans came into contact with the Makah. The destructive effect European diseases had on their population and encroachment of white settlements pressured the Makah into entering treaty negotiation with the United States government. Late winter of 1855, Isaac I. Stevens, the U.S superintendent of Indian Affairs and the Makah headmen made the Treaty of Neah Bay. The compromise ceded 275,000 acres to the United States government, leaving the Makah a small reservation located on the tip of the peninsula. The Makah agreed to the treaty January 31, 1855 only after the following was included; “The right of taking fish and of whaling or sealing at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the United States.” [2]

The migratory gray whale was the cetacean the Makah hunted most commonly, however, shortly after the signing of the Treaty of Neah Bay, commercial whalers discovered the gray’s birthing lagoons in Baja California. They crowded them for easy and plentiful kills, causing the whales near extinction. Only a few thousand remained from an estimated 30,000.

In the 1920s, the Makah, having noticed the decline in gray whales, were the first people to cease whaling of their own accord. With help from a ban placed by the International Whaling Commission (IWC), created in 1946, the gray whales population made a remarkable recovery. By 1994 the population had rebounded to an estimated 23,000 with a growth rate of 2.5 percent yearly.

However by 1995 the Makah had become an impoverished tribe. The income per household averaged 7,000 dollars yearly[3].   Drug, alcohol, and domestic violence plagued the tribe’s adults and youth. Despite this, the Makah felt their culture was important to their lives and kept it alive through a native language program, tribal canoeing journeys, and the Makah Cultural and Research Center. In it are artifacts from a 1966 archeological dig at Ozette, an abandoned Makah village, which proved Makah presence and whaling for over 2,000 years[4]. 

The gray whale was removed from the endangered species list in 1994. In May of 1995 the Makah contacted the United States government with an interest in resuming whaling as guaranteed in their treaty. The tribe addressed reasons for the importance of cultural revival through whaling. “We’re ocean families, whaling families. So much of what we are all about comes from the ocean, and we feel a deep spiritual need to do this” Marcy Parker, a member of the tribe said[5]. Though their culture had faded, the Ozette Dig amplified interest in their historical culture that they wish to keep alive. Traditional songs and stories are still performed. “There are many civilizations that have came and gone. The Incas, the Mayas, remnants of their civilizations are still around. But our culture and our ways are still here.”[6] The Makah believed problems besetting their youth came from having none of the pride and discipline that whaling brought to the tribe.

Additionally Makah wanted to whale for treaty rights. Whaling was a right sanctioned to them in the Treaty of Neah Bay. In years after that, the Makah had struggled to regain treaty rights. “To us, the Makah Treaty is as powerful and meaningful of a document as the U.S. Constitution is to other Americans; it is what our forefathers bequeathed to us.”[7]

In 1997, the National Marine Fisheries Service (NMFS) agreed to help the Makah receive a quota from the International Whaling Commission (IWC). An environmental assessment concluded that whaling would have no significant impact[8].  October, 1997, the IWC approved a sustenance quota for the Makah, granting them 20 gray whales from 1998-2002, a maximum of five whales to be taken per year.

The first main obstacle to planning a modern traditional whale hunt was that none of the Makah alive in this time period had whaled. Before the Makah stopped whaling entirely in the 1920s, it was a grueling physical and spiritual task that required tons of preparation. The Makah relearned whaling by studying their historical ways and seeking advice from whaling countries Iceland, Russia, Norway, and Japan. The Makah’s gathering of whaling knowledge even took some of them to Russia.[9] A plan was then formed to meet IWC requirements. A major change was the .50 caliber rifle on a support boat that would be fired into the base of the skull, causing a more humane immediate death. However this addition was later viewed as untraditional and barbaric by anti-whalers.

Makah whaling was supported by tribes around the country, such as the Nu-cha-nuth, who approved of the Makah continuing a traditional lifestyle[10].  Those looking from an ecological standpoint agreed the whale hunt would do no harm. “From a population biologist’s point of view, I don’t think it [the Makah whale hunt] would have a negative impact. The U.S. has always maintained that subsistence is a legitimate use of whales and other marine mammals. Under treaty rights, the National Marine Fisheries Service would have to honor that.” said Steve Swartz, senior scientist for the National Marine Fisheries Service[11].

However more than 350 groups in 27 countries were against the hunt[12]. Some of the most strongly opposing included the Progressive Animal Welfare Society (PAWS), In the Path of Giants, and Sea Shepherd Conservation Society, though some prominent groups, like Greenpeace, made a conscious decision not to oppose. The hunt was politically challenged in federal court numerous times by various animal rights groups and even Jack Metcalf, a U.S Representative who claimed the hunts ecological effect had not been analyzed correctly[13].  The animal rights movement throughout the 1900s had changed many American values. Whales were something to be saved.

Protesting animal rights activists worried that having the Makah hunt primarily for cultural reasons could create culture, as opposed to subsistence the only requirement to whale. They claimed it would encourage other aboriginal tribes to take up whaling rights, and would lead to a whaling outbreak worldwide. Protesters of the hunt declared that killing whales, who often approached boats with a curious outlook and friend’s eye, was cowardly and inhumane. Many tried to pose alternatives for the hunt, like whale watching or mock whale hunts. “This simulated whaling would satisfy cultural and social tribal traditions, while also distinguishing the renewed Makah bond with the whale as a unique environmental and ceremonial tradition,” stated  the Seattle Times newspaper article, “Who Will Speak For the Whales?”[14].

The Makah never really considered any alternatives, the Makah would settle for nothing less then resuming the culturally important whaling as their ancestors had, and protestors would tolerate no harm to the whales, no compromise could be reached between these two opposite values. The social tension caused hundreds of people to flock to Neah Bay to protest the hunt.

The Makah received cruel and threatening letters and phone calls. Some activists condemned their culture as just an excuse to hunt, rousing conflict as the Makah defended their position. The sleepy town of Neah Bay was bombarded from all sides with pressure not to whale. “They are completely misrepresenting what is a very meaningful tradition, something that is centuries old. The question should be, what’s all the fuss about? America is supposed to be about the acceptance of different values,” said Janie Bowechop, Executive Director of the Makah Cultural and Research Center[15].

Not all Makah in favor of the hunt however, causing some internal conflict within the tribe. Most anti whaling Makah were elders, many of whom had seen a whale hunt when they were children. Those who had witnessed one in their lifetime feared the hunt might be dangerous. In 1995 an original request for whaling was revoked for a time after a petition of seven elders signed against it[16].  One was Dotti Chamblin, the great granddaughter of the last Makah to whale, and another was Alberta Thompson, who became the most vocal Makah to speak against her tribe’s plans.

Despite opposition attacking the matter, the Makah whale hunt was given the green light by officials, and on May 10, 1999 the first Makah whale hunt in over 70 years cast off from the ancient whaling village Ozette. As they chanted and paddled their cedar canoe, the Hummingbird, protestors threw things at them along with angry words. Harpooner Theron Parker missed a whale twice. The next day was also unsuccessful. The Makah set out on their third day of the hunt May 17, 1999. This time, there were no protest boats around. Out on the water was merely the canoe, support boat, the National Marine Fisheries Service, and the media.

The Makah paddled till they were off Cape Alva and approached a tranquil gray. Parker struck, this time driving the harpoon into the whale’s pearly gray flesh. The whale dove and vigorously pulled the canoe until a shot from the support boat hit the whale’s head. For the first time in 70 years the Makah spilled whale blood into the Pacific.

A Makah fishing vessel then arrived to tow the whale back to Neah Bay. They entered the harbor six hours later and the crew paddled the whale to shore amidst cheering of hundreds and the beating of traditional drums while rain poured. The gray whale was a three year old female, 30 tons in weight and 30 ½ feet long. The harpooner scattered eagle feathers on the whale and ancestral songs were sung. Along with the Makah, members from local tribes such as the Quillayute, Hoh, Tualip, and Puyallup were there to celebrate the event. A potlatch feast was held the weekend after to finish eating the whale.

Protestors felt great outrage at the Makah’s successful hunt. The evening the Makah were celebrating and eating blubber, candlelight vigils for the whale were held in Seattle[17].  “They are acting totally different from their ancestors who were sad and somber and respectful after a hunt,” Captain Paul Watson of Sea Shepherd declared[18]. Makah elder Alberta Thompson said the hunt was untraditional, because part of their whaling culture was to live a year spiritually clean and three whalers didn’t even pass the drug test. “You should have seen all of us anti-whaling people, we could hardly talk the day that they killed the baby. The media won’t say baby, they just say whale.”[19]

Tribal leaders state the hunt, despite controversy, had a positive effect. “The interest of the people in our culture was sparked by the whale. It brought a lot of talk about the culture and how the Makah were in the past. That was our aim: to revitalize culture” said John McCarty, first chairman of the tribes whaling commission[20].  More of their youth was learning their native language and students from the high school helped move and arrange the whale bones so they could be viewed at the Makah Cultural and Research Center. Keith Johnson, President and spokesman of the Makah Whaling Commission said “This is clearly going to cement our youth on solid ground for identity.”[21]  Crew member Arnie Hunter explained “With the whales coming back into our lives it brought us in a full circle again.”[22],  and crew member Darrell Markishtum said “I’ve heard drums from houses I have never heard them before ... It brought back songs and pride,”.[23]

The hunt was re-approved June of 2000, and later in 2001. As time wore on, some opposing groups conceded. After many times in and out of court, whaling was ruled in the 9th Circuit Court of Appeals in the Anderson v. Evans case not to be allowed until the Makah received permission or exemption from the Marine Mammal Protection Act (MMPA)[24].  The matter is still disputed and undecided today.

Because of the differing values consequences have launched that carry on today because no agreement was reached between the Makah and those with progressive and environmental values. Some frustrated members of the original crew participated in an illegal whale hunt in September 2007. For some people it seemed evidence that Makah whaling rights should not be restored. The Marine Mammal Protection Act’s prevention of the whaling treaty rights protected by Act 6 of the Constitution created political tension. The Makah continue to struggle through political processes to get exemption from the act and resume their attempt at cultural renewal. However cultural prejudice was also renewed on both sides and suppression of the Makah’s attempt at continuation of traditional ways. The Makah whale hunt controversy continues because there is no agreed balance between tradition and conservation. It is vital a compromise is reached, or the political and social tensions that have already caused conflict between people of different values could result in a new era of cultural intolerance.

Some may call the 1999 whale hunt a success, some a tragedy. It was a day when whale blood stained the waves. A day when a people prayed for a gift not received in 70 years and animal rights activists mourned the girl gray whale who met a sudden end with harpoons and a .50 caliber rifle. The whale and the culture of the Makah are still entwined in a way that cannot quite be understood. The Makah whaling controversy stemmed from a compromise over a hundred years old, and the resulting conflict has yet to be resolved today. The past, present, and future of the Makah and all who love whales will be shaped by the values that surround this majestic giant of the deep.

Sources:

Note: What follows is Kendal Crawford's annoated bibliography of "Works Cited."

Primary Sources

Gunther, Erna. Makah. Seattle. Special Collections Division University of Washington Libraries. Date Unknown.

This is a report written on pre-white to 1960s Makah history and culture. I used this to get an idea on pre-white through 1960 Makah lifestyle, as well as historical happenings and background on who the Makah were as a tribe. This is a reliable source because the Washington State University Press published it and this same author had other Makah and whaling involved writing published. 

Johnson, Wayne and Jennifer Aradnas. “A Letter from Neah Bay”. Earth First! Journal. 1999.

This is a letter from Wayne Johnson, captain of the 1999 Makah whale hunt, to the public after the hunt published in numerous sources, in this case Earth First! Journal. I used this to get his invaluable perspective on the hunt and the controversy surrounding. 

Kirk, Ruth and Richard D. Daugherty. Hunters of the Whale an Adventure in Northwest Coast Archeology. New York: William Morrow and Company, 1974

This is a book about the archeological dig at the village Ozette that uncovered evidence of Makah presence and lifestyle there dating back over 2000 years. It has information on the artifacts found and how the Makah used to whale. I used this to acquit myself with the evidence that the Makah had been in Neah Bay whaling for a long time, and also found good descriptions of old whaling. This is a reliable source because the author/s were on the excavation scene to record findings first hand and it can be verified by other listings of artifacts found at the Ozette dig.

“A Makah Elder Speaks, Interview with Alberta Thompson” Earth First! Journal 1999.

This is an interview between Earth First! Journal (an environmental magazine) and Alberta Thompson, a Makah elder and the most vocal Makah to speak out against whaling. I used this source to get further and more in depth knowledge about the views on the hunt from anti-whaling Makah perspective. This is a reliable source because it is an interview that gives direct quotes showing Alberta Thompson’s true views on the hunt.

Makah Tribal Councial and Makah Whaling Commision. “The Makah Indian Tribe and Whaling: Questions and Answers.” Makah.com. January 2005. 10 Novemer, 1993. http://www.makah%20whalingqa.pdf/

This is a question and answer adobe reader document attached to the Makah’s official website, written by the Makah Tribal Council and Tribal Whaling Commission to answer questions the public has about Makah whaling. I used it because I knew some of my questions would be specifically answered here by the Makah involved. This was useful because it added the Makah overall standpoint on whaling, and their reasons for it to my research. This is a reliable source because it was written by the Makah Tribal Council and Whaling Commission and featured on the Makah tribe’s official website.

Makah Whaling: Tribal Members Speak of Meaning, Controversy, and History. Dir. Anne Shackle. VHS. DISTRIBUTOR, 2000. 

This film is a collected group of responses from Makah’s about aspects of Makah whaling, its meaning, controversy (as it was filmed after the 1999 hunt), and history. I used this to gather direct quotes and first hand retellings and interpretations about my historical event, the 1999 whale hunt, from Makah who were involved. This is a reliable source because it is a filming of actual Makah people who were involved with the 1999 hunt talking about Makah whaling.

Markistum, Darrell. Personal Interview. January 5, 2008.

I interviewed Darrell Markistum, a member of the 1999 whaling crew. I used his responses to get a real personal feel of the hunt from the Makah point of view, especially because he was directly involved. I also learned a lot about what whaling means to the Makah people and their purpose in whaling. His quotes made a valuable addition to my paper, though biased toward the Makah.

 Peterson, Brenda. “Who Will Speak For the Whales – Elders Call For a Spiritual Dialogue on Makah Tribes Whaling Proposal” Seattle Times 22 December 1996.

This is a newspaper article from the Seattle Times during 1996 about gray whale history, behaviors, threats, and opinions from Makah elders who opposed the hunt. I used this to get an understanding of another side of the hunts controversy, anti-whaling Makahs. This is a reliable source because it is from a reputable newspaper and has direct quotes from Makah elders, but is also biased toward sympathizing the whales and does not give any pro-whaling opinions.

Shukovsky, Paul. “Makah Whale Hunt Plan Alarms Animal Activist.” Seattle Post-Intelligencer June 6, 1995: B.1 

This is a newspaper article from the Seattle Post-Intelligencer written in 1995 when the Makah’s were just applying for a whale quota, declaring their right to take whales as upheld by their treaty. It contains opinions from animal rights activists regarding the proposed hunt as well as the background information about the Makah’s lifestyle during that day and their reason for attempting whaling again after a 70 years absence. It is reliable because it comes from a reputable newspaper, it shows multiple opinions so is not one sided, and its information is consistent with that in other sources I have found. I used this source to get information on how the Makah lived at that time and what they felt whaling would bring back to their culture as well as animal rights groups views.

Sullivan, Robert. A Whale Hunt. New York: Scribner, 2000.

This was a book about the Makah 1999 whale hunt and events leading up to and from it written by a reporter who spent two years with the Makah, being in Neah Bay when the hunt took place. His social interaction with members of the tribe and in-depth knowledge and discovery of almost every aspect surrounding the hunt allowed me to use this to get all around knowledge and description of my topic and what really happened. This is a reliable source because Robert Sullivan was there with the Makah, recording his own sights and the direct quotes of what was said to him.

Treaty Between The United States of America and The Makah Indian Tribe of Indians January 31, 1855. Ratified April 18^th 1859.’ Facsimile Reproduction by Shorey Book Store, Seattle Washington, 1966.

This is the treaty best known as the treaty of Neah Bay that was made in 1855 between the Makah Indians and the United States Government ceding thousands of acres of native Makah land to the U.S government while preserving the Makahs right to whale. I used this source to get first hand evidence of the document and view the section that guaranteed the Makah’s right to whale and take a direct quote from it as well as observing what exactly the U.S government took away from them and allowed them to have. This is a reliable source because it is a reproduction of the actual treaty that was agreed upon between the Makah’s and the United States. 

Sam Howe Verhovek, “After the Hunt, Bitter Protest and Salt Blubber.” New York Times 19 May 1999: A14

This is a newspaper from the New York Times in 1999 discussing the post hunt opinions and views about how the whale hunt was handled, how the death of a gray whale affected the tribe and animal rights activists. I used this to find how Makah’s who had never hunted tasted whale considered the experience, how the event angered protesters who had tried to prevent it, and other short-term outcomes the successful whale hunt resulted in. This is a reliable source because it is from a reputable newspaper and by the same author who did another accurate article on the Makah’s.

Verhovek, Sam Howe. “Protesters Shadow Tribes Pursuit of Whales and its History.” New York Times 2 October 1998: A12 

This is a newspaper article from the New York Times written in 1998 during and about the Makah’s preparations and plans for the approved whale hunt. It also includes quotes and views from Makah’s on the reservation regarding the hunt, both pro and against whaling. Finally it has animal rights activists’ resistance. This is a reliable source because it is a credible newspaper and gives multiple opinions.  I used its multiple opinions from the Makah’s on the hunt to get an idea on the different perspectives various Makah’s have on whaling. This is a reliable source because it is published by a reputable newspaper and its content is consistent with others I have found.

Washington State Department of Ecology. “Tribal Reservations and Treaty Ceded Areas” Map. Governors Office of Indian Affairs. 3 March, 2003. November 10, 2007. http://www.goi.wa.gov.tribal_gov/documents/Tribal_Cedres.pdf

This is a map of Washington’s tribal reservations and ceded areas. I used it to get the scope of how much land the Makah ceded to the U.S in exchange for the preservation of their whaling rights as well as to find the location of where their reservation is. This is a reliable source because it is from a government site and other maps can verify it.

Secondary Sources 

American Cetacean Society -- They’re Not Saved Yet! “American Cetecean Society Fact Sheet: Gray whale, Eschrichtius robustus.” 1999-2007. 25, November 2007. http://www.acsonline.org/

This is a fact sheet on gray whales on a website by the American Cetacean Association. I used this to get the behavior and more specific physical description and diet of the whale that the Makah hunted. This is a reliable source because it is by America’s Cetacean Society, an acknowledged whale research and conservation organization.  

Eder, Jeanne Oyawin. Indian Nations: The Makah. Austin, TX: Raintree Steck VaughN, 2000.

This is a book about the Makah tribe in a series about Indian Nations that covers history, culture, lifestyle, legends, and modern day society. I used this book to get an idea of their history and debriefing on their whaling traditions. This is a reliable source because it is published and its information is accurate and can be verified by other sources.

Harrison, Sir Richard and Dr. M. M. Bryden. Whales Dolphins and Porpoises. New York, NY: Facts on File Publications, 1988.

This is a book covering a wide range of cetacean censored topics, their taxonomy, anatomy, human interaction, and other topics. I used it for specific information about the gray whale, the whale the Makah hunted. I found out information on their physical description, diet, breeding and migration. This is a reliable source because its information was compiled, edited, and published.

Makah Cultural and Research Center. Neah  Bay, Washington. January 20, 2007.

This museum had lots of primary sources relating to pre-treaty Makah. I was able to get a firsthand look at ancient artifacts representing whaling and how they related whaling’s importance to Makah culture. I was also able to view the enormous skeleton of the whale killed in the 1999 hunt. This was a great opportunity for me to get in-depth with the Makah’s culture and history.

“Makah Indian Nation flag.” Flag. University of Washington Libraries Digital Collection. 2007. December 12, 2007. http://content.lib.washington.edu/cmpweb/exhibits/makah/images/Makah-flag.jpg

This is an image of the Makah nations tribal flag. I used this to see how the Makah’s tribal crest demonstrates their deep cultural tie with the whale by displaying a visual representation of the Thunderbird legend. This is a reliable source because it came from a university website.

 Oldham, Kit.  “Makah Whaling.” HistoryLink.org. March 16, 2007.  October 20, 2007.    

This is a Historylink essay that is a summary of Makah whaling related events from the treaty of Neah Bay to the aftermath of the 1999 hunt, mainly focusing on the events surrounding the 1999 whale hunt that was result of the Makah’s struggle for their treaty rights to be upheld in the face of great resistance by animal rights activists.  This is a reliable source because it cites a lot of sources itself, and its information is consistent with others I have found. Also, the website History Link is affiliated with History Ink, a historical researcher and publisher organization. I used the essay to get an idea of my topics main events.

US Department of Commerce Northwest Regional Office NOAA Fisheries National Marine Fisheries Service. “Chronology of Major Events Related to Makah Tribal Whale Hunt”.  Northwest Regional Office NOAA’s National Marine Fisheries Service. June 11, 2007. November 12, 2007. http://www.nwr.noaa.gov/  

This is an Adobe Reader file attached to the National Marine Fisheries Services website. I used it to view a timeline of Makah whaling related events, especially more governmental and whale protection events. It is a reliable source because it was created by the National Marine Fisheries Service, a trustworthy organization that had direct contact with the Makah’s whaling issues in the 1990’s. It is also as government site and the events listed on the document are verified with other sources.

Waterman, T.T. “The Whaling Equipment of the Makah Indians”. UW Publications in Anthropology. EDITOR. Volume 1. Seattle: University of Washington Press, 1920. This is an article about the Makah whaling equipment from a multi-volumed book featuring publications in anthropology. I used get a overlook of the Makah whaling equipment, and a good description of whaling traditions that the Makah considered every bit as important as their equipment. This is a reliable source because the University published it and its information can be reaffirmed.

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