MARINE MAMMAL COMMISSION - Annual Report for 1998 



tion of Whaling, the Whaling Convention Act, or 

 applicable regulations. 



The court found no violations of the Marine 

 Sanctuaries Act or the Marine Mammal Protection 

 Act. In the case of the Marine Mammal Protection 

 Act, the court explained that, under section 102(a)(2) 

 of the Act, the moratorium on taking marine mam- 

 mals does not apply to takings provided for by pre- 

 existing international treaties, conventions, or agree- 

 ments, such as the International Convention for the 

 Regulation of Whaling. 



To govern whaling in 1998 and subsequent seasons, 

 the Makah Whaling Commission developed, and the 

 Makah Tribal Council adopted, the "Management 

 Plan for Makah Treaty Gray Whale Hunting for the 

 Years 1998-2002." The plan establishes procedures 

 for issuing whaling permits, specifies hunting methods 

 to be used, and, except for the creation and domestic 

 sale of traditional handicrafts fashioned from non- 

 edible parts, limits the use of landed whales to non- 

 commercial, local consumption and ceremonial 

 purposes. The plan also indicates that the tribe 

 intends to develop ceremonial and subsistence whale 

 hunts gradually over the five-year period covered by 

 the IWC authorization to allow for the development of 

 tribal management capabilities, refinement of hunting 

 methods, and further assessment of the tribe's cultural 

 and subsistence needs. 



One provision of the management plan specifies 

 that "[w]haling permits shall be issued with the intent 

 of targeting migrating whales." In a 6 March 1998 

 letter to the chairman of the Makah Tribal Council, 

 the Administrator of the National Oceanic and Atmo- 

 spheric Administration noted that the gray whale 

 migration extends from approximately 1 November 

 through 30 June. As such, it is likely that any whales 

 in the vicinity of Neah Bay between 1 July and 31 

 October are non-migratory. The Administrator 

 therefore interpreted the provision of the management 

 plan as a statement that the tribe did not intend to 

 issue whaling permits for the period before 1 Novem- 

 ber or after 30 June unless the tribe, in consultation 

 with the National Marine Fisheries Service, deter- 

 mines that there is reason to believe that the gray 

 whale migration is ongoing at other times. Under this 

 interpretation, Makah whaling could have begun any 



time after 1 November 1998 without first consulting 

 with the Service. Nevertheless, no attempts were 

 made to hunt gray whales during 1998. 



Western North Pacific Population 



As noted above, a small population of gray whales 

 occurs in the western North Pacific Ocean. This 

 population, which once may have numbered between 

 10,000 and 15,000 individuals, was subject to heavy 

 whaling pressure during the past three centuries. By 

 the time whaling on this stock ended in the mid- 

 1960s, the population had been reduced to a very low 

 level. The current size of the population is estimated 

 to be about 250 animals; however, no quantitative 

 data exist to confirm this esfimate. 



This population of gray whales occurs in the 

 Okhotsk Sea during the summer and migrates to 

 breeding grounds believed to be somewhere along the 

 southern coast of China. During the spring and 

 winter, small numbers of gray whales may be found 

 off Korea and Japan, migrating to or from the Ok- 

 hotsk Sea. 



The Scientific Committee of the IWC reviewed the 

 status of the western North Pacific population of gray 

 whales at its 1997 meeting. The Scientific Committee 

 noted several threats to this population, including 

 habitat degradation along its migratory corridor and 

 the effects of climate change. However, the most 

 immediate and pressing concern identified by the 

 Scientific Committee was planned oil and gas develop- 

 ment in the Okhotsk Sea. Not only does such devel- 

 opment expose whales to the risk of oil spills, but the 

 noise associated with seismic surveys, ship traffic, 

 aircraft, and exploratory drilling has the potential to 

 disturb whales in this important feeding area. 



The Sakhalin Energy Investment Company, a joint 

 venture formed by several major oil companies, has 

 exploration and development activities under way in 

 the area off the northeast coast of Sakhalin Island. It 

 is estimated that these two fields contain about one 

 billion barrels of oil and 408 billion cubic meters (14 

 trillion cubic feet) of natural gas. Oil production from 

 the first phase of this operation will begin in the 

 summer of 1999. 



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