Makah Whaling neg brag lab ndi 2014 Topicality t-its



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Koppelman 10—an attorney in Seattle, WA (Carol B., “Anderson v. Evans: the Ninth Circuit Harmonizes Treaty Rights and the Marine Mammal Protection Act,” Hastings College of the Law: West-Northwest Journal of Environmental Law & Policy, Summer 2010, LexisNexis)//FJ

First, waivers to the blanket moratorium of taking marine mammals are possible under the MMPA. The Act allows precisely what the Makah want, which is the right to hunt whales when other Americans are not allowed to hunt whales. The Act allows permits to be issued as exemptions from its widespread ban on hunting of all marine mammals. n319 The permit provides the mechanism for limited and regulated takes of marine mammals, while ensuring that marine mammals are protected and continue to be a functioning part of the environment. n320 The permitting system ensures that any takes will not adversely harm marine mammals as a functioning part of the ecosystem. n321 Without this regulation under the MMPA permitting process, there may be no check on the Makah's whaling that would look at the species' continued survival on a regular basis in order to determine if there is an effect of the hunting that is harming the species. Without that check, the tribe could continue hunting, with no oversight or regulations that could rationalize and impartially assess the takings effect on the species. It would give a blank check to the tribe that might be exploited - maybe not by the current council, but it certainly could be exploited by unforeseen, future [*385] councils or factions of the tribe. As demonstrated by the unauthorized whale hunt in September 2007 which resulted in the botched hunting and lingering death of a resident gray whale, n322 there should be regulation and oversight of Makah whale hunting to ensure that the species is not harmed by the hunting and possible abuses of hunting rights by the tribe or individual tribal members. B. Limits Under the MMPA are Consistent with Limits Imposed by the IWC Any quota that is granted through a waiver under MMPA that limits the number of whales that the Makah take would be consistent with a quota issued by the IWC, which also limits the number of whales that can be taken under an aboriginal subsistence exemption. The IWC sets taking and strike limits for all aboriginal subsistence hunting. n323 Quotas for aboriginal groups granted by the IWC are limited to local consumption by those aboriginal groups and strict catch limits. n324 The need of those aboriginal groups is established and provided to the IWC by the national governments that are a party to the commission; the national governments need to provide evidence of the cultural and subsistence needs of their citizens. n325 No commercial whaling is allowed under the aboriginal status, n326 because aboriginal whaling is intended for local needs and culture, not for financial support. This is consistent with the idea that an aboriginal group would need to whale in order to maintain its original way of life, rather than to make financial gain in the commercial economy. This restriction is necessary to keep aboriginal groups from using the guise of subsistence whaling to conduct commercial whaling. Aboriginal groups are not immune to the lure of profit-making enterprises. Indeed, the Makah themselves long traded in whale oil, and during the 1860s abandoned whaling to engage in the more commercially lucrative seal trade, returning to whaling when the United States restricted their profits from seal hunting. n327 The aboriginal subsistence exemption is also intended to ensure that permitted whaling is done for limited reasons that have to do with [*386] aboriginal groups' actual need to retain their cultures and indigenous diets. The aboriginal subsistence exemption was not developed to allow aboriginal groups to exploit a loophole in international law for financial gain by killing and selling animals that are off-limits to the rest of the world's exploitation.

International law forms the lynchpin of peace – extinction becomes inevitable without it – star this card





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