Jenkins and Romanzo 98—have a private law practice in Washington D.C., specializing in international and environmental law, and trade and the environment (*Leestefly AND **Cara, “Makah Whaling: Aboriginal Subsistence or a Stepping Stone to Undermining the Commercial Whaling Moratorium?,” Colorado Journal of Int'l Envt'l Law and Policy Colorado Journal of International Environmental Law and Policy, LexisNexis, Winter 1998, http://www.lexisnexis.com.turing.library.northwestern.edu/hottopics/lnacademic/?verb=sr&csi=152950&sr=AUTHOR(Jenkins)%2BAND%2BTITLE(Makah+whaling%3A+aboriginal+subsistence+or+a+stepping+stone+to+undermining+the+commercial+whaling+moratorium%3F)%2BAND%2BDATE%2BIS%2B1998)//FJ
While the Makah Tribe may be able to prove through archeological and anthropological studies that their whaling culture dates back over a thousand years, n26 this fact alone does not prove cultural "necessity." The Makahvoluntarily terminated their whale huntsmore than eighty years ago, primarily because their whaling traditions were practically nonexistent by the turn of the centurywhen their whaling chiefs died and no Makah elders remained who possessed the cultural knowledge to properly train other tribal members in the traditional hunt. n27 As a result, many generations of Makah have now lived without the cultural experience of a whale hunt or direct exposure to whaling traditions, thereby breaking the continuity of that whaling tradition. n28 The last Makah known to hunt whales died in 1907, n29 although some claim that the last hunt took place in 1926. n30 In any event, the Makah have not whaled for at least seventy years, and it is likely that they have not whaled for ninety years. Moreover, these claims of a hunt in 1926 may simply be an attempt to downplay the actual length of time since the Makah broke with their whale hunting traditions. And, regardless of this temporal question, the transition to other means of [*82] economic subsistence actually occurred as early as the mid-1800s, when the Makah began to capitalize on seal hunting due to an abundant seal population and a prosperous market for the valuable seal skins. n31
The Makah tribe does not meet the cultural requirements of moratorium exemptions – whales are not intrinsically tied to their culture.