Judge Recommends Waiver to Allow Gray Whale Hunt

In September, the administrative law judge who presided over the November 2019 hearing regarding the Makah tribe’s request for a waiver of the Marine Mammal Protection Act gave his formal recommendation to the National Marine Fisheries Service. He recommended that NMFS issue the waiver so that the tribe may engage in periodic hunting of gray whales, and suggested changes to the draft regulations governing the hunt, including revisions to reduce hunt impacts on critically endangered western North Pacific gray whales. In November 2021, AWI submitted extensive comments to NMFS on the recommended decision and the changes to the draft regulations, providing a comprehensive legal analysis of why NMFS cannot issue the requested waiver without violating the law.