MARINE MAMMAL COMMISSION - Annual Report for 1991 



the United States meets its obligations under the 

 Agreement. 



Native Subsistence Hunting 



Prior to passage of the Marine Mammal Protection 

 Act in 1972, hunting of polar bears in Alaska was 

 managed by the State. The Act gave management 

 authority to the Fish and Wildlife Service, and ex- 

 empted coastal Alaska Natives from its prohibitions on 

 taking when the taking is non-wastefiil and for subsis- 

 tence or handicraft purposes. The Act authorizes the 

 Fish and Wildlife Service to prescribe regulations 

 necessary to monitor the numbers, ages, and sexes of 

 polar bears taken by Alaska Natives, but prohibits 

 limiting the take unless the affected population is 

 depleted. 



The Beaufort Sea polar bear population is hunted 

 by Natives from western Canada as well as Alaska. 

 If not regulated effectively, such hunting, by itself and 

 in combination with other activities, could jeopardize 

 the continued existence of the population. Recogniz- 

 ing this, the Fish and Game Management Committee 

 of Alaska's North Slope Borough and the Inuvialuit 

 Game Council of Canada's Northwest Territories 

 entered into an agreement in January 1988 to govern 

 cooperatively the hunting of polar bears in the area 

 between Icy Cape, Alaska, and the Baillie Islands, 

 Canada. 



Among other things, the Agreement calls for 

 protection of cubs, females with cubs, and all bears 

 inhabiting or constructing dens, and for prohibiting 

 hunting at certain times of the year. It also provides 

 that a harvest quota, based upon the best available 

 scientific evidence, be established aimually; the quota 

 be allocated equitably between Alaska and Canadian 

 Natives; and data be collected and shared on the 

 number, location, age, and sex of bears killed. 



The agreement has no legal status in Alaska or 

 Canada and does not provide for enforcement and 

 penalties in Alaska. Thus, its success depends upon 

 voluntary compliance. Also, it does not apply to 

 Native subsistence hunting of polar bears in Alaska 

 west of Icy Cape. 



Oil and Gas Exploration and Development 



As noted in the Commission's previous Annual 

 Report, the increasing level of human activity in the 

 Arctic, particularly those activities related to oil and 

 gas exploration and development, poses risks to polar 

 bears and other wildlife. In recognition of this, the 

 Marine Manmial Commission, in January 1989, 

 sponsored a workshop to determine ways to assess and 

 minimize the possible adverse effects of oil and gas 

 exploration and development on polar bears. Partici- 

 pants included representatives of Native groups and 

 relevant U.S. and Canadian federal, provincial, and 

 state agencies. The workshop report was forwarded 

 to the Fish and Wildlife Service and others on 28 

 December 1990 (see Appendix B, Lentfer 1990). 



The workshop report notes that polar bears and 

 their habitat could be affected in several ways by 

 activities and events associated with Arctic oil and gas 

 exploration and development. These include: (1) 

 shooting or harassment of polar bears to protect 

 workers carrying out exploration and development 

 activities; (2) damage or destruction of polar bear 

 denning or other essential habitats; (3) contact with 

 and ingestion of oil from acute and chronic oil spills; 



(4) contact with and ingestion of other contaminants; 



(5) disturbance by aircraft, ship, drilling, and other 

 operations; (6) increased hunting pressure; (7) mdi- 

 rect, food chain effects; and (8) mortality, injury, and 

 stress resulting from scientific research done to assess 

 the possible effects of oil, gas, and other activities on 

 polar bears and other species. The report noted that 

 the probability of interactions between polar bears and 

 people, and the risk of death or injury of both bears 

 and people, will increase as the level of exploration, 

 development, and other activities increases in the 

 Arctic. It concluded that the likelihood of harmfiil 

 interactions resulting from oil and gas activities could 

 be reduced substantially by requiring development of 

 site-specific polar bear interaction plans. 



In its 28 December 1990 letter forwarding the 

 workshop report to the Fish and Wildlife Service, the 

 Commission recommended that the Service: (1) work 

 with the Minerals Management Service and the 

 corresponding State agency to identify and agree upon 

 information that should be contained in, and proce- 

 dures that should be used to review and approve, site- 



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