5.5.1 Narwhal and Beluga Protection in Eastern Canada
and Greenland
Two of the most iconic and impressive whale species are arguably the
Monodontidae: the ‘white whale’, beluga (Delphinapterus leucas) and the narwhal
(Monodon monoceros). These primarily (sub-)Arctic species have been subjected to
long-standing subsistence hunts by Canadian and Greenlandic Inuit for centuries.
The long-term effects of these hunts is unknown. However, in combination with
commercial exploitation of these species, towards the end of the nineteenth century
Monodontidae populations had declined drastically. Particularly the pursuit of ivory
of the narwhal, whose single tooth provides it with its charismatic appearance,
resulted in the species being drastically overhunted. The Canadian government
enacted its first regulations of beluga management in 1949, followed by narwhal
regulations in 1971. Both regimes considered these whales under an ecosystem
approach and provided for the protection of narwhal and beluga habitat, relied on
scientific advice, and regulated management and harvests. The federal dominance of
beluga and narwhal management was challenged with the adoption of the Canadian
land claims agreements: the 1975 James Bay and Northern Quebec Agreement; the
1984 Inuvialuit Final Agreement; the 1993 Nunavut Land Claims Agreement; and
finally the 2005 Labrador Land Claims Agreement. Generally speaking, these
agreements provide aboriginal resource users with the right to continue using them
even in light of federal regulations that say otherwise. Moreover, aboriginal peoples
in Canada have a constitutional right to exploit fish resources to the extent they deem
necessary.
Against this backdrop, an aboriginal appellant challenged the Department of
Fisheries and Oceans (DFO) after he had been arrested in 1984 for using wrong
fishing gear. In 1988 the so-called ‘Sparrow case’ was launched in which the
constitutional, collective rights of aboriginal peoples for their own fish resources
was brought forth. In 1990 the Supreme Court of Canada ruled that the Canadian
government can only restrict and limit aboriginal fish resource use if there is proof
that aboriginal harvests threaten the conservation status of the resource. Since under
Canadian law, the definition of ‘fish’ includes also marine mammals, the ruling had
tremendous impact on the way belugas and narwhals were to be managed in the
eastern Canadian Arctic.
Mindful of the then ongoing Sparrow case, and taking into account that belugas
and narwhals are exploited by both eastern Canadian Inuit and Western
Greenlanders, a Memorandum of Understanding between Canada and Greenland
was signed in December 1989 for the management of belugas and narwhals migrating between the two countries. Under the MoU, which aims for the rational management, conservation and optimum utilisation of living resources of the sea—as per the
UNCLOS—a Joint Commission was established in 1991 which consists of two
Commissioners for each country: one representing the government, the other
representing the hunting communities. While the main work of the Joint Commission is carried out by its Scientific Working Group, comprising of fisheries scientists
and whale biologists, thus putting great emphasis on ‘western’ science, the work is
5.5 Small Cetaceans
117
and Greenland
Two of the most iconic and impressive whale species are arguably the
Monodontidae: the ‘white whale’, beluga (Delphinapterus leucas) and the narwhal
(Monodon monoceros). These primarily (sub-)Arctic species have been subjected to
long-standing subsistence hunts by Canadian and Greenlandic Inuit for centuries.
The long-term effects of these hunts is unknown. However, in combination with
commercial exploitation of these species, towards the end of the nineteenth century
Monodontidae populations had declined drastically. Particularly the pursuit of ivory
of the narwhal, whose single tooth provides it with its charismatic appearance,
resulted in the species being drastically overhunted. The Canadian government
enacted its first regulations of beluga management in 1949, followed by narwhal
regulations in 1971. Both regimes considered these whales under an ecosystem
approach and provided for the protection of narwhal and beluga habitat, relied on
scientific advice, and regulated management and harvests. The federal dominance of
beluga and narwhal management was challenged with the adoption of the Canadian
land claims agreements: the 1975 James Bay and Northern Quebec Agreement; the
1984 Inuvialuit Final Agreement; the 1993 Nunavut Land Claims Agreement; and
finally the 2005 Labrador Land Claims Agreement. Generally speaking, these
agreements provide aboriginal resource users with the right to continue using them
even in light of federal regulations that say otherwise. Moreover, aboriginal peoples
in Canada have a constitutional right to exploit fish resources to the extent they deem
necessary.
Against this backdrop, an aboriginal appellant challenged the Department of
Fisheries and Oceans (DFO) after he had been arrested in 1984 for using wrong
fishing gear. In 1988 the so-called ‘Sparrow case’ was launched in which the
constitutional, collective rights of aboriginal peoples for their own fish resources
was brought forth. In 1990 the Supreme Court of Canada ruled that the Canadian
government can only restrict and limit aboriginal fish resource use if there is proof
that aboriginal harvests threaten the conservation status of the resource. Since under
Canadian law, the definition of ‘fish’ includes also marine mammals, the ruling had
tremendous impact on the way belugas and narwhals were to be managed in the
eastern Canadian Arctic.
Mindful of the then ongoing Sparrow case, and taking into account that belugas
and narwhals are exploited by both eastern Canadian Inuit and Western
Greenlanders, a Memorandum of Understanding between Canada and Greenland
was signed in December 1989 for the management of belugas and narwhals migrating between the two countries. Under the MoU, which aims for the rational management, conservation and optimum utilisation of living resources of the sea—as per the
UNCLOS—a Joint Commission was established in 1991 which consists of two
Commissioners for each country: one representing the government, the other
representing the hunting communities. While the main work of the Joint Commission is carried out by its Scientific Working Group, comprising of fisheries scientists
and whale biologists, thus putting great emphasis on ‘western’ science, the work is
5.5 Small Cetaceans
117