Aunty,
Despite what you may think, whale hunting is specifically allowed by treaty. It has never been determined that the tribes don't have this right in the end I the requirements for permits and such will end up being considered illegal too. In Boldt and subsequent rulings the right to fish in common has expanded to include all fish in the traditional area, modern methods, 50% of all harvestable fish, forcing the state to provide fish and improve habitat, pay for reduced fishing rights and lots more. How can the courts then ignore a statement in a treaty that says
"The right of taking fish and of whaling or sealing at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the United States, and of erecting temporary houses for the purpose of curing, together with the privilege of hunting and gathering roots and berries on open and unclaimed lands: Provided, however, That they shall not take shell-fish from any beds staked or cultivated by citizens. "
To do so would be to ignore Boldt and make new law, something we may like but will not happen.

The ban on hunting whales you are talking about GVbest is a voluntary treaty among whaling nations. I doubt that the Makahs have signed it, but in any case I am almost positive their hunt was allowed by the group you are talking about. The problem many people have with the Makahs whaling is that Japan and norway will try to use it to expand their hunting of whales. They are already violating the international treaty by doing what they call research fisheries and through other means. They have also threatened to back out of their agreements but have not done so due to international pressure.