Treaty of 1855

Washington became an American territory in 1853, which included the sovereignty of the Makah Tribe. In 1855, the Makah tribe signed a treaty with America that enumerated their rights.

("Treaty between the United States of America and the Makah Tribe of Indians," 1859, US Department of State)

“Art. IV. The right of taking fish and of whaling or sealing at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the United States, and of erecting temporary houses for the purpose of curing, together with the privilege of hunting and gathering roots and berries on unclaimed lands.”
~ Treaty of 1855 (Treaty between the United States of America and the Makah Tribe of Indians)

The Treaty of 1855 is the only treaty between America and a tribe that guarantees and protects their right to whale.

("Treaty between the United States of America and the Makah Tribe of Indians," 1859, US Department of State)

The Makah harvested whales for sustenance and cultural purposes for thousands of years.

With the rise of commercial whaling, the Eastern North Pacific gray whale population dwindled and reached near extinction, so the Makah voluntarily stopped whaling. It is unsure whether the whaling article of the treaty was last exercised in 1910 or 1926.