On a serene summer morning, a scene unfolded off the coast of Neah Bay, Washington, that ignited a firestorm of controversy and reignited a long-simmering debate over treaty rights, cultural preservation, and wildlife conservation. It was approximately 6:30 AM when Wayne Johnson, a member of the Makah tribe, decided the time had come to resume whaling. This decision, however, was not sanctioned by the Makah Tribal Council nor did it adhere to existing federal regulations.
Within a matter of minutes, Johnson, accompanied by four other Makah individuals, embarked on two motorized boats from the downtown dock. The events that followed resulted in the death of a gray whale and the apprehension of the five men by law enforcement.
The Makah tribe, whose reservation is located on the northwestern tip of the Olympic Peninsula, has a rich history deeply intertwined with the sea. For millennia, whaling has been an integral part of their culture, providing sustenance, materials, and spiritual significance. This practice is enshrined in the Treaty of Neah Bay of 1855, in which the Makah ceded vast territories to the United States but reserved the right to whale in their traditional hunting grounds.
However, commercial whaling decimated whale populations worldwide, leading to international regulations and protections. Gray whales, once on the brink of extinction, were removed from the endangered species list in 1994, a testament to successful conservation efforts. This milestone paved the way for the Makah to pursue the reinstatement of their treaty right to hunt whales, a process that has been fraught with legal challenges and public opposition.
In 1999, after decades of legal battles, the Makah successfully harvested a gray whale under a closely monitored federal permit. This event marked the first legal whale hunt by the tribe in over 70 years and sparked both celebration and outrage. The hunt was conducted under strict conditions, including tribal approval, federal observer presence, the use of a traditional canoe, and specific weaponry.
The 1999 hunt was permitted, and the event was both an amazing show of cultural heritage, but also sparked outrage by conservationists. The permit and process involved was a complicated, but necessary, one.
The incident involving Wayne Johnson stood in stark contrast to the regulated 1999 hunt. According to reports, the group departed without tribal authorization, federal oversight, or adherence to the conditions stipulated in the previous permit.
Johnson recounted that the group encountered a gray whale less than a mile from shore. Deeming the location too close to the coastline for their intended weapon, a .460-caliber rifle, they continued their search. Later, they encountered another whale, approximately 40 feet in length, which Johnson claimed approached their boats.
"The whale chose us," Johnson asserted, implying a sense of predestination or divine allowance.
The crew proceeded to strike the whale with at least five stainless-steel whaling harpoons and four seal harpoons. The use of multiple harpoons, according to Johnson, was intended to secure the whale and prevent its loss. Subsequently, they discharged the .460-caliber rifle, a weapon capable of firing a projectile over a considerable distance.
The events that transpired deviated significantly from the traditional methods and regulations associated with Makah whaling. The use of motorized boats instead of a traditional canoe, the absence of a federal observer, and the lack of tribal authorization all raised serious concerns.
Within hours, the Coast Guard arrived on the scene and apprehended Johnson and his crew. The authorities confiscated the rifle and boats and severed the whale from the vessels, leaving it to drift with the current, still bearing the harpoons. Despite the efforts, the whale succumbed to its injuries later that evening.
Following questioning by the Coast Guard, the whalers were handed over to tribal police and detained at the tribal jail before being released on bond.
In the aftermath of the unauthorized hunt, the Makah Tribal Council issued a statement condemning the actions of Johnson and his crew. The council emphasized that the hunt was conducted without their permission and that the tribe would cooperate fully with any federal investigation. They further stated that the whalers would face trial in tribal court.
"We hope the public does not permit the action of five irresponsible persons to be used to harm the image of the entire Makah Tribe," the statement read, underscoring the tribe’s concern that the incident would undermine their ongoing efforts to legally exercise their treaty rights.
Federal authorities, including the U.S. Attorney’s Office in Seattle, initiated a review of the incident to determine whether violations of the Marine Mammal Protection Act had occurred. The outcome of this review would determine whether federal charges would be filed against the whalers.
The unauthorized hunt also drew strong reactions from environmental groups. Paul Watson of the Sea Shepherd Conservation Society, an organization known for its direct-action tactics, threatened to stage a protest if federal charges were not filed. Watson also suggested the possibility of a lawsuit against the federal government for allegedly failing to adequately enforce whale protections.
The incident ignited passionate debate within the Makah community and beyond. While some expressed support for the tribe’s right to whale, others condemned the unauthorized hunt as a violation of the law and a threat to conservation efforts.
Hans Barr, a seasonal fisherman from Bellingham, voiced his support for the Makah’s right to hunt whales, arguing that it is not the place of non-Native people to dictate what constitutes Native culture. He characterized environmentalists’ opposition to Makah whaling as a form of racism.
Peter Cacace, a fisherman who witnessed the Coast Guard’s response to the incident, expressed a contrasting view. He argued that the Makah should adhere to U.S. laws and suggested that he would be more accepting of whaling if it were conducted using traditional methods.
Despite the widespread condemnation, Johnson remained unrepentant. He expressed pride in his actions and asserted that the tribe needs to whale to preserve its culture. He further argued that the time was right for whaling, given the healthy state of gray whale populations.
Ed Claplanhoo, a Makah tribal elder and member of the tribal whaling commission, voiced his strong disapproval of the unauthorized hunt. He emphasized that the tribe is committed to upholding the law and adhering to regulations.
"This puts kind of a black eye on us," Claplanhoo said. "We pride ourselves that we are a law-abiding tribe, and we go by the rules and regulations."
The incident involving Wayne Johnson and the unauthorized killing of a gray whale cast a shadow over the Makah tribe and raised complex questions about the balance between treaty rights, cultural preservation, and wildlife conservation. The incident of Makah Tribal Member Kills Whale Without Permits or Tribal Sanction caused a lot of debate.
The Makah Tribal Member Kills Whale Without Permits or Tribal Sanction also raised a lot of questions on what the tribe will do in the future. The Makah Tribal Member Kills Whale Without Permits or Tribal Sanction also caused some tribal tension between those who agreed with Johnson and those who did not.
The long-term consequences of this event for the Makah tribe and the future of whaling remain to be seen.