Current Makah whaling proposals through the MMPA reinforce the IWC quota-granting process – strong US regulation is key.
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
G. Whaling Quota from IWC was Granted to the United States, Not the Makah The Anderson decisionrespects the structure of the IWC's quota-granting process. The United States is a party to the ICRW. n356 The IWC grants quotas to signatories who make a request for a quota. n357 In the area of aboriginal subsistence quotas, it is the responsibility of the country that is a party to the treaty to substantiate both the need and the status of its aboriginal citizens who are seeking a quota. n358 In turn, the quota is granted to the country, not to a specific aboriginal group. n359 Thus, the Makah only have a whaling quota because the United States made the request to and was granted the quota from the IWC. The Makah are not signatories to the ICRW, nor can they themselves be granted a quota. Their only possibility of an IWC quota is through the United States. n360 As the party that received the quota, the U.S. has obligations to the ICW to make sure that the quota is adhered to and not violated. n361 Any violation of the quota and enforcement by the IWC will fall on the U.S. as the [*391] recipient of the quota and as the signatory to the ICRW; it will not fall on the Makah. The United States has the domestic obligation to ensure that its aboriginal group is meeting the restrictions imposed by the IWC. n362 It behooves the U.S. to take measures to ensure that the Makah adhere to the IWC quota, and that the tribe does not violate any obligations that the United States has to the IWC. Therefore, it makes sense for the United States to regulate, monitor and enforce the taking of whales by the Makah.
IWC transparency reforms have spearheaded the rise in credibility of international institutions – abrogation of current whaling quotas would destroy this.