one transboundary population, requiring joint management schemes on both the US
and Canadian side of the border. We must remember that in the United States and in
Canada two significantly different management schemes and legal regimes existed.
In the US, the Marine Mammal Protection Act of 1972 prohibited the hunting of all
marine mammals except for the native population, as long as the use of these
products was for their own use. The sale of marine mammal products, in this case
polar bear hides, meat or bones to third parties was strictly prohibited. Notably
though, the MMPA does neither set quotas nor determines the time of the year when
the aboriginal polar bear hunt is to occur. Only in case of a depletion of a marine
mammal population the federal government is able to put strict limitations also on
the aboriginal subsistence hunt.
On the Canadian side, the northern Northwest Territories towards northern
Yukon is the homeland of the Inuvialuit, an Inuit sub-group with its own language
and culture. Already in 1968 a quota system was introduced that ascribed a specific
polar bear quota to each community in the region of the Southern Beaufort Sea.
Since 1974 up to 1984, the government of the Northwest Territories undertook
several specific efforts to further protect the polar bear from harvesting, for instance
the prohibition of harvesting bears in dens or the prohibition of hunting bears in the
fall. This did not mean that the commercial sale of polar bear products was
prohibited and Inuvialuit hunters were therefore able to place their produce on the
commercial markets. Also the transfer of the polar bear quotas to accommodate
outside sport hunters was possible. In 1984, the Inuvialuit Final Agreement (IFA)
14
was implemented. The IFA formalised the ownership of the Inuvialuit of 91,000 km
2
of land in the Southern Beaufort Sea and established co-management procedures of
both the Inuvialuit and the federal government in several councils and committees.
This means that decisions on wildlife management are taken by both the Inuvialuit
and the federal government through equal representation in management bodies.
Under the IFA, the Inuvialuit have the prioritised right to harvest marine mammals
and to transport marine mammal products across the border to the Yukon Territory.
They are entitled to the sale, trade and bartering of marine mammal products to other
Inuvialuit in both states.
As we can see, the legal environment between Alaska and the Northwest
Territories was significantly different, but since the polar bear population was
shared, a common regulatory mechanism was necessary. In 1985 the initiative was
taken up by the Alaskan municipality of the North Slope Borough (NSB), primarily
comprising Iñupiat, which had been established in 1972, and the Canadian Inuvialuit
Game Council (IGC). The point of view was that formal, long-lasting governmental
negotiations between the US and Canadian governments would possibly undermine
the principle of good stewardship and effective polar bear conservation. In
September 1986, a Memorandum of Understanding was signed, which established
a joint commission and a technical committee. The joint commission was tasked
with the development of a management plan for polar bears in the Southern Beaufort
14 Inuvialuit Final Agreement, 5 June 1984.
7.4 Polar Bear Management Agreement in the Southern Beaufort Sea
165
and Canadian side of the border. We must remember that in the United States and in
Canada two significantly different management schemes and legal regimes existed.
In the US, the Marine Mammal Protection Act of 1972 prohibited the hunting of all
marine mammals except for the native population, as long as the use of these
products was for their own use. The sale of marine mammal products, in this case
polar bear hides, meat or bones to third parties was strictly prohibited. Notably
though, the MMPA does neither set quotas nor determines the time of the year when
the aboriginal polar bear hunt is to occur. Only in case of a depletion of a marine
mammal population the federal government is able to put strict limitations also on
the aboriginal subsistence hunt.
On the Canadian side, the northern Northwest Territories towards northern
Yukon is the homeland of the Inuvialuit, an Inuit sub-group with its own language
and culture. Already in 1968 a quota system was introduced that ascribed a specific
polar bear quota to each community in the region of the Southern Beaufort Sea.
Since 1974 up to 1984, the government of the Northwest Territories undertook
several specific efforts to further protect the polar bear from harvesting, for instance
the prohibition of harvesting bears in dens or the prohibition of hunting bears in the
fall. This did not mean that the commercial sale of polar bear products was
prohibited and Inuvialuit hunters were therefore able to place their produce on the
commercial markets. Also the transfer of the polar bear quotas to accommodate
outside sport hunters was possible. In 1984, the Inuvialuit Final Agreement (IFA)
14
was implemented. The IFA formalised the ownership of the Inuvialuit of 91,000 km
2
of land in the Southern Beaufort Sea and established co-management procedures of
both the Inuvialuit and the federal government in several councils and committees.
This means that decisions on wildlife management are taken by both the Inuvialuit
and the federal government through equal representation in management bodies.
Under the IFA, the Inuvialuit have the prioritised right to harvest marine mammals
and to transport marine mammal products across the border to the Yukon Territory.
They are entitled to the sale, trade and bartering of marine mammal products to other
Inuvialuit in both states.
As we can see, the legal environment between Alaska and the Northwest
Territories was significantly different, but since the polar bear population was
shared, a common regulatory mechanism was necessary. In 1985 the initiative was
taken up by the Alaskan municipality of the North Slope Borough (NSB), primarily
comprising Iñupiat, which had been established in 1972, and the Canadian Inuvialuit
Game Council (IGC). The point of view was that formal, long-lasting governmental
negotiations between the US and Canadian governments would possibly undermine
the principle of good stewardship and effective polar bear conservation. In
September 1986, a Memorandum of Understanding was signed, which established
a joint commission and a technical committee. The joint commission was tasked
with the development of a management plan for polar bears in the Southern Beaufort
14 Inuvialuit Final Agreement, 5 June 1984.
7.4 Polar Bear Management Agreement in the Southern Beaufort Sea
165