Re: Polar Bear Total Allowable Harvest in the Labrador Inuit Settlement Area,

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1 January 11 th, 2016 Honourable Perry Trimper Minister of Environment of Conservation Government of Newfoundland and Labrador P.O. Box 8700 St. John s, NL, Canada, A1B 4J6 Re: Polar Bear Total Allowable Harvest in the Labrador Inuit Settlement Area, Dear Minister Trimper, On behalf of the Torngat Wildlife and Plants Co-Management Board I am pleased to write regarding the Total Allowable Harvest (TAH) of Polar Bear in the Labrador Inuit Settlement Area. It is the Board s decision that the TAH be set at 13 for this year s harvest. The additional bear is considered a carry over from the 2015 season, and in line with the principles of adaptive comanagement. This decision will be reviewed again in 2016 after the hunting season. The Board is fully engaged in Polar Bear management locally, regionally, nationally, and internationally. At all levels, the Board continues to maintain its interest in the sustainable utilization of the Davis Strait population. To demonstrate this engagement, in 2016 the Board has: Committed, in principle, to an inter-jurisdictional coordinated process aimed at establishing a shared TAH and management objective for the entire Davis Strait Management Unit, Commenced preliminary budgeting for a new population census, Planned consultations on the merits of a permanent flexible quota system, and Continued its participation in the National Polar Bear Technical Committee, Polar Bear Administrative Committee, and the Inuit Consult Group for the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The Board recommends this decision be affirmed and looks forward to briefing you more fully on 22 January Yours truly, Ron Sparkes, Ed.D Chairperson Torngat Wildlife and Plants Co-Management Board

2 Polar Bear Total Allowable Harvest in the Labrador Inuit Settlement Area, Decision: Pursuant to Part (a) of the Labrador Inuit Land Claims Agreement, the Torngat Wildlife and Plants Co-Management Board has decided to: Set the Total Allowable Harvest (TAH) of Polar Bear at 13 for the hunting season within the Labrador Inuit Settlement Area. 1.0 Background: The Torngat Wildlife and Plants Co-Management Board (TWPCB or the Board ) is empowered by Part (a) of the Labrador Inuit Land Claims Agreement (LILCA) to establish, modify, or eliminate Total Allowable Harvests (TAH) for non-migratory wildlife. In Newfoundland and Labrador, the provincial Wildlife Act and regulations and the LILCA provides the legislative framework for Polar Bear management. Pursuant to section , Inuit have exclusive right to harvest the total allowable harvest established by the province. A detailed outline of the process is outlined in Chapter 12 of the LILCA. On January 25, 2010, the TWPCB submitted its decision to establish a 2010 total allowable harvest of 12 bears, as per (a), , and of the LILCA. In a letter dated March 12, 2010, the Minister of the Newfoundland and Labrador Department of Environment and Conservation disallowed the decision of the TWPCB, citing Parts and of the LILCA, as well as Sections 39 and 114 of the Wild Life Regulations and the annual Polar Bear Hunting Order. On December 21, 2010, the TWPCB submitted a more thorough analysis to the Minister of Environment and Conservation, and reaffirmed their decision to establish a TAH of 12 polar bears in Nunatsiavut. The decision was rejected, and a flexible quota approach was implemented, bringing the 2011 TAH to 11. On November 23, 2011, the TWPCB submitted its decision to establish a TAH of 12 Polar Bears in Nunatsiavut: the Minister accepted the Board decision in a letter dated January 23, The TAH for Polar Bears in Nunatsiavut has remained at 12 ever since. The season runs from February 1 through June 30 annually. Licences are prepared by the Wildlife Division of the Department of Environment and Conservation and sent in bulk to the Nunatsiavut Government for distribution. Polar Bears harvested in the Labrador Inuit Settlement Area (LISA) belong to the Davis Strait subpopulation, which is shared between Nunatsiavut, Nunavik, and Nunavut. The Davis Strait Polar Bear subpopulation straddles Quebec, Nunavut, and Newfoundland and Labrador. Together, the three governments share responsibility for the management of this subpopulation. The population s range additionally extends to Greenland, adding an international management aspect. In 2015, users in Nunavut, Nunavik, and Nunatsiavut wrote requesting that the TWPCB, the Nunavik Marine Region Wildlife Management Board (NMRWMB), and the Nunavut

3 Wildlife Management Board (NMWB) develop a Joint Hearing Process to establish a shared management objective and a TAH for the entire Davis Strait subpopulation. One of the recommendations from the Davis Strait Polar Bear harvesters included an allocation formula of 61 bears to Nunavut, 35 to Nunavik, and 20 to Nunatsiavut. 2.0 Key Considerations: 2.1. Management Objectives: There is no shared management objective for the Davis Strait subpopulation. The Government of Nunavut has explicitly stated their management objective to decrease the subpopulation from 2,158 to 1,600. Their argument to do so is three-fold: 1. Polar bear abundance has exceeded social tolerance for negative human-bear interactions. 2. Density effects are negatively affecting body condition, reproduction, and survival. 3. Current abundance is having a negative effect on bird colonies and seal populations. Makivik and the Nunavik Marine Region Wildlife Board (NMRWB) support the objective to decrease the subpopulation to 1,600 based on the three-point rationale provided by Nunavut. Neither the Government of Newfoundland and Labrador, the Nunatsiavut Government, nor the TWPCB have presented an objective Management Principles: Part of the Labrador Inuit Land Claims Agreement provides some guidance: Conservation and the use of the Precautionary Approach are priorities in decision-making that relates to or directly affects Wildlife, Plants or Habitat in the Labrador Inuit Settlement Area. Conservation is defined as management of Wildlife, Plants and Habitat, including the management of human activities in relation to them, to foster Sustainable Utilization and maintenance of natural populations, biodiversity and ecological processes. Precautionary Approach means that, if there are threats of serious or irreversible damage to Wildlife or Plants, measures to prevent the reduction or loss of the Wildlife or Plants should not be postponed for lack of full scientific certainty Management Values: The Torngat Wildlife, Plants and Fisheries Secretariat Strategic Plan, adopted in June of 2013, references several relevant values: Objectivity Interconnectedness Holistic Approach Precaution Food-security

4 2.4. Survey Information: The Davis Strait subpopulation was estimated at 2,158 in 2007, with a 95% Confidence Interval of 1,798-2,518 (Peacock et al., 2012). There has been no estimation of population size or trend since The Board is involved with the planning of a 2017 population survey Polar Bear Administrative Committee Status, Historical Trend, and Predicted Trend: The Davis Strait Management Unit is listed as: o Status: Likely Increased o TEK Assessment: Increased o Recent Trend: Likely Increase o Future Trend: Likely Decline Other: Population growth rate has declined, recruitment is low, and survival of young adults is low and has declined. These observed trends have been hypothesized to be attributable to habitat decline and density effects (Peacock et al., 2012; Rode et al., 2012) Harvest Information: The Nunatsiavut Government receives an inequitable allocation of the David Strait Polar Bear harvest. In 2014, 45 Polar Bears were harvested in Nunavik, 61 in Nunavut, and 12 in Nunatsiavut. In 2015, the Nunatsiavut Government harvested 11 of a TAH of 12. Historic Davis Strait exploitation rates (based on 2007 population estimate of 2,158): Harvest Exploit Rate 3.2% 3.5% 3.2% 4.4% 3.0% 3.2% 5.5% 5.2% 2.7. Traditional Ecological Knowledge (TEK): TEK on Labrador polar bears was collected from Inuit and is summarized in the Labrador Polar Bear Traditional Ecological Knowledge: Final Report (York et al., 2015). The majority of participants reported the number of bears is increasing (79%), as is their range. Polar bears were reported to enter human-inhabited areas more frequently, such as cabin area, and bears have been observed farther inland. Participants also believed that bears would successfully adapt to changes in their environment National and International Context: The CITES 17th Conference of Parties is meeting in September The United States is expected to propose the Polar Bear be up-listed to CITES Appendix I in If up-listed, the international trade of Polar Bear products would be eliminated. Canada has already begun to co-ordinate a defense.

5 2.9. Flexible Quota System: The potential implementation of a flexible quota system for Nunatsiavut has been investigated by the Board, with engagement with the Polar Bear Technical Committee (Appendix II), and the Board is committed to continual discussion of the application of such a system in the area. In 2011, the TAH in Nunatsiavut was increased from 6 to 11 through a temporary quota approach and a carry-forward of 5 unused licences from The following year, the Board submitted its decision to establish as TAH of 12 Polar Bears in Nunatsiavut; the Minister affirmed the Board s decision. Such a flexible harvest system aims to balance both social considerations of inequitable harvest and biological concerns for the population. Additionally, a flexible quota system is successfully practiced in other jurisdictions (Nunavut) Consultation and Meetings: A consultation with the Nunatsiavut Government was held on December 17, 2015, as per section of LILCA, via teleconference to consult on a potential carry forward of one unused licence to the harvest to increase the TAH from 12 to 13. The Board met on December 18th, 2015, via teleconference, and made a consensus decision for Polar Bear TAH for The Board discussed the request to carry forward one unused licence from 2015, and it was determined that such a carryover would be a precautionary increase that would not have significant impact on the population, while addressing the current inequity of harvest allocations. 3.0 Current Status The Newfoundland and Labrador Department of Environment and Conservation is drafting an update to the Polar Bear Management Plan. 4.0 Summary and Conclusion: Given the management principles entrenched in the LILCA, the TWPCB has decided on a precautionary carry over of one unused polar bear licence from 2015 to the 2016 harvest for a TAH of 13. It is further recommended by the TWPCB that the Minister affirm this decision.

6 APPENDIX I Davis Strait Polar Bear Allocation Map

7 APPENDIX II PBTC Seasons Dates and Carry Over Advice Letter

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12 APPENDIX III June 26, 2015 User Letter

13 June 26, 2015 The Honourable Leona Aglukkaq Minister of the Environment, Canada Les Terrasses de la Chaudière 10 Wellington Street Gatineau, Qc K1A 0H3 The Honourable Dan Crummell Minister of the Environment and Conservation Confederation Building 4 th Floor, West Block P.O. Box 8700 St. John`s, NL A1B 4J6 The Honourable Johnny Mike Minister of the Environment, Nunavut Inuksugait Plaza P.O. Box 1000, Stn 1300 Iqaluit, NU X0A 0H0 The Honourable Laurent Lessard Minister of Forests, Wildlife, and Parks National Assembly of Québec 5700, 4e Avenue Ouest Québec, Qc G1H 6R1 Dear Ministers: From May 26-28, 2015, Inuit representatives from Nunavut, Nunatsiavut, and Nunavik met in Montreal to discuss the management of polar bears for the Davis Strait management unit. Representatives from your government were invited to participate in the first day of this meeting. Other participants included Inuit hunters, other government representatives, and Land Claims Organization representatives who are also members of the Canadian Polar Bear Technical Committee. We are pleased to announce that after three days of intense discussions, Inuit from their respective regions reached consensus on management objectives, the total allowable level of harvest, and allocation for the Davis Strait management unit of polar bears. Inuit representatives also reached consensus on numerous non-quota limitations. It is recommended that any change in management measures and allocations remain in effect until such time as there is updated information such as an abundance estimate for Davis Strait polar bears. We were informed that a scientific survey is proposed to commence in We recommend that a traditional ecological knowledge study should also accompany any such study. 1/2

14 The Honourable Leona Aglukkaq June 26, 2015 The Honourable Johnny Mike Page two The Honourable Dan Crummell The Honourable Laurent Lessard Enclosed, please find the outcomes and points of agreement that are the result of the May 26-28, 2015 user to user meeting. This document will serve as a basis for submissions to a proposed joint public hearing of the Nunavut Wildlife Management Board, the Torngat Wildlife and Plants Co- Management Board, and the Nunavik Marine Region Wildlife Board scheduled either for this year or early next year. The purpose of the public hearing is to deliberate and decide upon the Total Allowable Take and Total Allowable Harvest of Davis Strait polar bears in the Nunavut Settlement Area, the Labrador Inuit Settlement Area, and the Nunavik Marine Region, respectively. The consensus and recommendations from this meeting reflect the commitment of Inuit to the sound management of polar bears and facilitate your implementation of management measures based upon decisions and / or recommendations coming from the three wildlife co-management boards. Sincerely, Adamie Delisle Alaku, Executive Vice-President, Makivik Corporation James Eetoolook Vice-President, Nunavut Tunngavik Incorporated Darryl Shiwak Minister of Environment, Nunatsiavut Government Cc: Basile van Havre, CWS Francis Bouchard, MFFP Elizabeth Harvey, MFFP Gabriel Nirlungayuk, GN Drikus Gissing, GN John Blake, GNL Ben Kovic, NWMB Josepi Padlayat, NMRWB Dr. Ron Sparkes, TWPCMB Enclosure

15 Davis Strait Polar Bear User to User Meeting May Points of Agreement and Outcomes 1) The representatives from the User to User organizations agreed to a management objective to reduce the number of polar bears in the Davis Strait polar bear management unit because of the high population size and high population density. This reconfirms the consensus reached by the Land Claims organizations, the Federal Government, and the Government of Nunavut at the 2010 User to User meeting held in Kuujjuaq, Québec to reduce the population size. 2) Representatives agreed to report all bears harvested, whether these bears are to be used solely for subsistence purposes or the bears or any of their parts are ultimately destined to enter into international trade 3) Representatives agreed that any bears harvested in Defense of Life and Property (DLP) should be deducted from any quotas or harvest limitations established or recommended by the respective Wildlife Co-management Boards in the jurisdictions of Nunavut, the Nunavik Marine Region, and Newfoundland and Labrador 4) Representatives agreed on the continued prohibition on harvesting of cubs and females accompanied by cubs 5) Representatives agreed that the current management practices should include a sex-selective harvest of polar bears based on the ratio of two males to one female 6) Representatives agreed that females and cubs in dens should not be disturbed 7) Representatives agreed that the prohibition on the use of chemical immobilization should remain 8) Representatives agreed that the proposed survey of Davis Strait polar bears in 2017 should be conducted with the objective of obtaining a new abundance estimate 9) Representatives agreed that any management decisions or recommendations that are made by the wildlife co-management boards be in effect until such time as the results of the 2017 Davis Strait polar bear survey are available 10) Representatives agreed that the name of the Davis Strait management unit should be changed to the original and historically accurate Inuktitut term 11) The jurisdictions in which there is no sampling regime in place will undertake to establish one as soon as possible to obtain information that can be used for management decisions 12) All users agreed to a total allowable harvest or take of 116 polar bears, in order to reach the management objective to reduce the number of bears in the management unit. This value is

16 based in part upon a Population Viability Analysis (PVA) that estimated that the current population size of the Davis Strait population is approximately 2073 animals. The population estimate of this management unit was 2158 animals in The previous population estimate of this management unit was 1200 animals. Based upon western science, local knowledge, and Inuit traditional knowledge, participants agreed that maintaining high numbers is not only detrimental to this and other species but also a safety concern. The participants agreed to the following allocation: Nunavut: Nunavik: Nunatsiavut: 61 bears 35 bears 20 bears Meeting Participants present for this agreement Makivik Corporation Nunavut Tunngavik Inc Qikitaluk RWO Nunavut Hunters from Pangnirtung, Iqaluit, Kimmirut Nunavik RNUK Nunavik LNUKS from Kangiqsuallujjuaq, Kuujjuaq, Tasiujaq, Aupaluk, Kangirsuk, Quaqtaq, Kangiqsujuaq Nunatsiavut Government Nunatsiavut Hunters

17 Resources Delisle Alaku, A., Eetoolook, J., & Shiwak, D. (2015, June 26). [Davis Stratis User Letter to Ministers Re: TAH]. Dept. of Environment and Climate Change (2011). National Polar Bear Conservation Strategy for Canada. Government of Canada. Retrieved from Gilbert, G., & Branigan, M. (2015, May 12). [PBTC Seasons Dates and Carry Over Advice Letter]. Kotierk, M. (2010). Elder and Hunter Knowledge of Davis Strait Polar Bears, Climate Change, and Inuit Participation. Retrieved from pdf. Kotierk, M. (2010). The Documentation of Inuit and Public Knowledge of David Strait Polar Bears, Climate Change, Inuit Knowledge and Environmental Management using Public Opinion Polls. Retrieved from Peacock, E. (2009). Davis Strait Polar Bear Population Inventory. Peacock, E., Taylor, M. K., Laake, J. and Stirling, I. (2013), Population ecology of polar bears in Davis Strait, Canada and Greenland. The Journal of Wildlife Management, 77: Rode, K. D., Peacock, E., Taylor, M., Stirling, I., Born, E.W., K. Laidre, L., and Wiig, O. (2012), A tale of two polar bear populations: ice habitat, harvest, and body condition. Population Ecology 54:3-18. Torngat Wildlife and Plants Co-Management Board. (2010). Polar Bear Total Allowable Harvest. Torngat Wildlife Plants and Fisheries Secretariat Retrieved from Torngat Wildlife and Plants Co-Management Board. (2010). Nunatsiavut 2011 Polar Bear Total Allowable Harvest. Torngat Wildlife Plants and Fisheries Secretariat Retrieved from Torngat Wildlife and Plants Co-Management Board. (2011). Nunatsiavut 2012 Polar Bear Total Allowable Harvest. Torngat Wildlife Plants and Fisheries Secretariat Retrieved from Torngat Wildlife and Plants Co-Management Board. (2013). Polar Bear Total Allowable

18 Harvest in the Labrador Inuit Settlement Area. Torngat Wildlife Plants and Fisheries Secretariat Retrieved from polar_bear_tah_decision.pdf. Torngat Wildlife and Plants Co-Management Board. (2014). Polar Bear Total Allowable Harvest in the Labrador Inuit Settlement Area Torngat Wildlife Plants and Fisheries Secretariat Retrieved from Torngat Wildlife and Plants Co-Management Board. (2014). Polar Bear Total Allowable Harvest Carry-Forward. Torngat Wildlife Plants and Fisheries Secretariat Retrieved from polar_bear_carry_forward_advice.pdf. Torngat Wildlife and Plants Co-Management Board. (2014). Polar Bear Season Dates. Torngat Wildlife Plants and Fisheries Secretariat Retrieved from polar_bear_season_dates_advice.pdf. Torngat Wildlife and Plants Co-Management Board. (2014). Polar Bear Total Allowable Harvest in the Labrador Inuit Settlement Area, Torngat Wildlife Plants and Fisheries Secretariat Retrieved from York, J. (2014). Polar bears: the conservation of an arctic icon in a warming climate. (Master of Environmental Studies: Northern Environments and Cultures Masters), Lakehead University. Retrieved from 1a.pdf?sequence=1 York, J., Dale, A., Mitchell, J., Nash, T., Snook, J., Felt, L., Dowsley, M. and Taylor, M. (2015), Labrador polar bear traditional ecological knowledge final report. Torngat Wildlife Plants and Fisheries Secretariat Ser. 2015/ iv p.