Office of Governor Gary Locke
FOR IMMEDIATE RELEASE - November 24, 1999
Contact:  Governor's Communications Office, 360-902-4136

Study concludes state has no authority on gray whale hunt

OLYMPIA - The Washington Department of Fish and Wildlife has concluded the state has no authority to regulate hunting of gray whales along the state's coastlines.

Last week, Gov. Gary Locke asked the department to investigate and report back to him on whether the state has authority to intervene in the hunt of gray whales by the Makah Indian tribe after protesters claimed the whale that was killed earlier this year was a "resident gray whale." They maintained that because it was a member of a "resident" population, the whales deserve state protection as a natural resource. The Makah tribe exercised its treaty hunting rights to harvest marine mammals.

"This study investigated whether the state has a role in the Makah tribe's hunt of gray whales," Locke said. "The state has no jurisdiction in this issue, and we must respect the tribe's treaty rights to hunt gray whales."

The department worked with the state Attorney General's Office to determine the state's role. The investigation concluded:

* The North Pacific gray whale represents a robust, healthy population that is either at or above recorded historic levels.

* Management of gray whales and other marine mammals is under the authority of the federal Department of Commerce, and the state has no authority to regulate gray whale populations.

* Although some whales have been seen feeding along the Pacific coast from California to southeast Alaska, there are no records to indicate these whales remain in Washington throughout the year or that they become separated from the rest of their group.

* The management agreement between the National Marine Fisheries Service and the Makah tribe provides safeguards to protect local feeding groups of whales in waters of Washington.

The department will continue to recommend and encourage monitoring and research on gray whales feeding in Washington.

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