Chapter III — Species of Special Concern 



At the IWC 1995 meeting, Mexico requested that 

 the IWC help review the proposed salt-producing 

 operation in San Ignacio Lagoon. Mexico indicated 

 that the original proposal was rejected by Mexican 

 authorities, but an appeal had been made and the 

 Government decided to approach the Commission to 

 request assistance in selecting one or two independent 

 scientists from outside Mexico to help review the 

 potential environmental impacts of the proposed 

 commercial salt processing operation. The Commis- 

 sion agreed to the request and authorized its Secretary 

 and chair of the Scientific Committee to consult with 

 the Mexican government on the implementation of this 

 request and report at the next annual meeting on the 

 final arrangements made. 



Request to Take Gray Whales for 

 Subsistence Purposes 



In May 1995 the Makah Tribal Council wrote to 

 the Departments of Commerce and State indicating 

 that the Council intends to ask the agencies formally 

 to seek IWC approval of an annual ceremonial and 

 subsistence harvest of up to five gray whales. The 

 Council indicated that whaling has been a traditional 

 part of the tribe's way of life. It contended that there 

 were no legal impediments to the tribe's rights to take 

 whales because the eastern North Pacific gray whale 

 stock had been removed from the Endangered Species 

 Act's list of endangered and threatened wildlife and 

 because the enactment of the Marine Mammal Protec- 

 tion Act had not abrogated its rights under the 1855 

 Treaty of Neah Bay. Article IV of that treaty pre- 

 serves the Makah 's "right of taking fish and of 

 whaling or sealing at usual and accustomed 

 grounds. . . . " Although not part of its current propos- 

 al, the Tribal Council also asserted a treaty right to 

 harvest whales for commercial purposes. 



When approached informally about the proposal, 

 the government had taken the position that any whal- 

 ing by the Makah would require approval by the 

 International Whaling Commission. The Tribal 

 Council responded that, while it believed that Whaling 

 Commission endorsement was not legally required, it 

 would nevertheless be willing to seek such approval. 

 The Council also requested the National Marine 

 Fisheries Service to enter into negotiations to develop 



a co-management agreement that would delineate 

 tribal and federal management responsibilities regard- 

 ing the proposed gray whale harvesting activities. 



At the end of 1995 the National Marine Fisheries 

 Service and the Department of State were reviewing 

 the Makah's request. The agencies were expecting to 

 receive additional documentation to support the 

 proposed harvest from the Makah early in 1996. 

 After reviewing that information the agencies will 

 decide whether to seek a quota for gray whales on 

 behalf of the Makah at the 1996 International Whaling 

 Commission meeting. 



In 1996 the Marine Mammal Commission will 

 continue to track and, as appropriate, provide advice 

 on the Makah Tribal Council's request to take gray 

 whales. In addition, the Commission continues to 

 have concerns about the impact of human activities on 

 gray whale habitats in breeding lagoons and feeding 

 areas. Therefore the Commission will continue to 

 review and provide advice on measures necessary to 

 avoid or mitigate activities that could adversely affect 

 gray whales and their essential habitats. 



Vaquita 

 (Phocoena sinus) 



The vaquita, or Gulf of California harbor porpoise, 

 is one of the rarest of all cetacean species . It is found 

 only in the northern Gulf of California, Mexico, and 

 has the most limited range of any cetacean. 



In 1978 the Government of Mexico added the 

 species to its list of rare and endangered wildlife. In 

 1979 the vaquita was listed on Appendix I of the 

 Convention on International Trade in Endangered 

 Species of Wild Fauna and Flora. The International 

 Union for the Conservation of Nature and Natural 

 Resources (now The World Conservation Union) 

 listed the species as vulnerable in its Red Data Book 

 in 1979 and changed its status to endangered in 1991. 

 The vaquita was listed as endangered under the U.S. 

 Endangered Species Act in 1985. 



Neither the historic nor the present size of the 

 vaquita population is well documented. However, 



73 



