Originally Posted By: AuntyM
Who is trying to get the treaty modified? Maybe you shouldn't jump to conclusions there counselor.

Like I said, if tribal treaties are the law of the land and can't be challenged, why aren't the Makah out whaling?







Hehe, I'm blocked on Aunties list, but anyhow... The reason why is because in the case of the marine mammals, the conservation effort is clearly defined in the Marine Mammal Protection act. Since there is a federal regulation for specific conservation of a species, it's tough for the tribes to justify harvest. The same can be said of ESA listed species also. At this point, this seems to be the only way to define protection and conservation in a manner that trumps treaty rights. Considering that most runs are considered "healthy" it's tough to challenge the tribes on that ground.