Sea. The first draft agreement was presented in March 1987 and both sides agreed on
its wider terms. On 29 January 1988 this agreement was formalised in the Polar Bear
Management Agreement for the Southern Beaufort Sea.
15
The uniqueness of the 1988 management agreement lies in the fact that it was not
negotiated by governments, nor was it initiated by government authorities. Instead, it
was the resource users which took up the initiative to enter into an agreement to
ensure the efficacy of the 1973 Polar Bear Agreement and to make polar bear
conservation feasible. Although it was not legally enforceable and constituted
merely a ‘gentlemen’s agreement’ between the NSB and the IGC, it is nevertheless
based on existing law, i.e. the ACPB and on Canadian legislation, as well as on
scientific findings. However, on the Canadian side, the agreement was somewhat
enforceable since the Joint Commission’s main role was the setting of quotas. These,
naturally, did not exceed those under Canadian regulations. Although the agreement
did not carry legal weight in the traditional sense, it set a precedent for other userbased resource management regimes. The most important development in this regard
was the acceptance of the quotas set by the Joint Commission by the Canadian
hunters and trappers committees, which could be found all over the Northwest
Territories. These committees were involved in the quota negotiations with the
federal government and once they accepted the advice by the Joint Commission as
regards quotas, its authority was underlined.
The 1988 agreement remained unchanged until the year 2000. All in all, the
agreement was considered a success and when the two bodies met again for an
evaluation and possible extension, it became clear that both sides remained deeply
committed to it.
16 While the main body of the agreement remained as in 1988, one
important addition was made: bears that are killed while threatening human life or
safety as well as bears that are killed for research purposes should be counted as part
of the overall quota. This provision added an extra layer of conservation efforts to the
agreement which the 1988 version did not entail.
The Inuvialuit-Iñupiat polar bear management agreement remains in place up to
the point of writing and underwent its last slight revisions in 2011. A key feature of
the joint management between the NSB and the Inuvialuit is that of traditional
knowledge, Inuit Qaujimajatuqangit, paired with scientific knowledge. This means
that it is not just scientific elements that dictate the quota, but socio-cultural
considerations play a significant role as well. The same accounts for the Polar
Bear Management Agreement for the North Beaufort Sea and Viscount—Melville
Sound Polar Bear Populations between the Inuit of the Kitikmeot West Region in
Nunavut and the Inuvialuit, which was concluded in 2006. Since this agreement is a
domestic agreement in Canada, we will not delve deeper into it. In 2008, however,
the Inuvialuit-Iñupiat Agreement, which was indeed user-driven, also found its
reflection on the federal level when the United States and Canada entered into an
15 Polar Bear Management Agreement for the Southern Beaufort Sea, 29 January 1988.
16 Brower et al. (2002).
166
7 The International Legal Framework for Polar Bears
its wider terms. On 29 January 1988 this agreement was formalised in the Polar Bear
Management Agreement for the Southern Beaufort Sea.
15
The uniqueness of the 1988 management agreement lies in the fact that it was not
negotiated by governments, nor was it initiated by government authorities. Instead, it
was the resource users which took up the initiative to enter into an agreement to
ensure the efficacy of the 1973 Polar Bear Agreement and to make polar bear
conservation feasible. Although it was not legally enforceable and constituted
merely a ‘gentlemen’s agreement’ between the NSB and the IGC, it is nevertheless
based on existing law, i.e. the ACPB and on Canadian legislation, as well as on
scientific findings. However, on the Canadian side, the agreement was somewhat
enforceable since the Joint Commission’s main role was the setting of quotas. These,
naturally, did not exceed those under Canadian regulations. Although the agreement
did not carry legal weight in the traditional sense, it set a precedent for other userbased resource management regimes. The most important development in this regard
was the acceptance of the quotas set by the Joint Commission by the Canadian
hunters and trappers committees, which could be found all over the Northwest
Territories. These committees were involved in the quota negotiations with the
federal government and once they accepted the advice by the Joint Commission as
regards quotas, its authority was underlined.
The 1988 agreement remained unchanged until the year 2000. All in all, the
agreement was considered a success and when the two bodies met again for an
evaluation and possible extension, it became clear that both sides remained deeply
committed to it.
16 While the main body of the agreement remained as in 1988, one
important addition was made: bears that are killed while threatening human life or
safety as well as bears that are killed for research purposes should be counted as part
of the overall quota. This provision added an extra layer of conservation efforts to the
agreement which the 1988 version did not entail.
The Inuvialuit-Iñupiat polar bear management agreement remains in place up to
the point of writing and underwent its last slight revisions in 2011. A key feature of
the joint management between the NSB and the Inuvialuit is that of traditional
knowledge, Inuit Qaujimajatuqangit, paired with scientific knowledge. This means
that it is not just scientific elements that dictate the quota, but socio-cultural
considerations play a significant role as well. The same accounts for the Polar
Bear Management Agreement for the North Beaufort Sea and Viscount—Melville
Sound Polar Bear Populations between the Inuit of the Kitikmeot West Region in
Nunavut and the Inuvialuit, which was concluded in 2006. Since this agreement is a
domestic agreement in Canada, we will not delve deeper into it. In 2008, however,
the Inuvialuit-Iñupiat Agreement, which was indeed user-driven, also found its
reflection on the federal level when the United States and Canada entered into an
15 Polar Bear Management Agreement for the Southern Beaufort Sea, 29 January 1988.
16 Brower et al. (2002).
166
7 The International Legal Framework for Polar Bears