Imagine you were forced by the government to sale some property you owned for a new government project. You realize that you won't be able to keep the property, so you negotiate the best deal you can. As part of the deal you specifically have a portion of your proceedes to be put into a trust that is to pay dividends to your family. The trust is not gaining money so you let the money accumulate. Suppose then when the trust started gaining equity your kids try to access it, and everyone started yelling about how unfair it was or not right to get money for doing nothing. Thats how I feel about some tribal rights, that they are akin to property rights.
The Makah's specifically retained the right to whale. I have questions about their right to many fisheries they partake in, so of their hunting rights, definitely oppose offsite casino's and most government programs, but the not the right to whale. It is specific and unchallengable.

The history of the last whale hunt is not what everyone has been saying. Originally the Makah's wanted to hunt 100% traditionally, which would be with a canoe, harpoon and bouys. The use of the gun shot was a concession to the fact that the anti's would not like to watch the hours or days long struggle of the whale slowly being killed. The Makah's had been offerred a million dollars per permit, they voted it down, even though they definitely could have used the money. They also made the whales go through lots and lots of training and ritual practices, enough that some thought they would never be disciplined enough to want to go through it again. The agreement to whale only in the ocean was also a concession and does not have anything to do with their actual right. Lastly, the meat, which I tasted, was excellent. Side by Side you would have a hard time descerning it from elk meat. My understanding was that it was all used. If anything wasn't used it would have been the blubber, which I am told does taste horrible. I would gladly take any left over meat, as would many I know.
This hunt, from what everyone is saying, was not sanctioned by the tribe. It appears that several members were tired of watching the tribe be denied their rights for years on end. In the end, there is no way the Federal government will do anything. They have no leg to stand on. If you can find a reason to deny them the right to whale, Boldt would be gone in a nano second, along with casinos and every other right they have. The other tribes may say they don't like what the Makah's are doing, but they would be fools to not support their right. It isn't happening. And before you say it, the Makah's do not have a casino!!!