Makah Whaling: Federal Law vs. 1855 Treaty

The plot thickens. The five Makah tribal members who killed a gray whale last September might be protected by the 1855 Treaty of Neah Bay, which grants them the right to hunt whales in the Pacific and the Strait of Juan de Fuca.

Or, they might have to obey the Marine Mammal Protection Act of 1972.

This Tuesday, lawyers for the Makah will argue in federal court that the Makah are protected by the 1855 treaty and hence not restricted by the Marine Mammal Protection Act.

Which law do you think should have a higher priority: the Treaty of Neah Bay of 1855 or the Marine Mammal Protection Act?