NTI in narwhal talks with the DFO

NTI and the Department of Fisheries and Oceans are talking about narwhal together after NTI dropped its application to the Federal Court of Canada for a judicial review of DFO’s narwhal tusk export ban, alleging the department’s handling of the non-detrimental finding issue was unlawful and breaches three different sections of the Nunavut land claims agreement. (FILE PHOTO)

(updated July 21, 6:45 a.m.)

Nunavut Tunngavik Inc. and the Department of Fisheries and Oceans met last week in an effort to resolve their dispute over narwhal hunting and trade.

NTI’s vice-president James Eetoolook said NTI representatives met with DFO officials last week to address “governance issues” between the narwhal co-management partners, which include NTI, the Nunavut Wildlife Management Board, Government of Nunavut and the DFO, a July 21 news release from NTI said.

The dispute centres on the DFO’s decision not to issue “non-detriment findings” — which certify that hunting won’t harm a species population — for narwhal in four Nunavut areas: Admiralty Inlet, eastern Baffin Island, northern Hudson Bay, and around Parry Channel.

In a court application, filed last January and then dropped in June, NTI argued that the DFO ignored the authority of the NWMB to regulate hunting in the territory.

NTI also argues that the DFO acted unfairly by not consulting Inuit groups before issuing the decision and “deprived Inuit of the opportunity to respond and make submissions on a matter that directly affected their interests.”

The DFO has maintained some narwhal populations are at risk and the ban is needed to comply with the terms of the Convention on International Trade in Endangered Species.

Last week’s meeting was the first of two meetings planned as part of an alternative resolution agreement, signed June 17 between NTI and the DFO.

The fight started in early December 2010, when the DFO decided not to issue a special type of report called a “non-detrimental finding” on the export of narwhal parts from four newly-created narwhal management regions in the eastern Arctic.

Narwhal have been listed since 1979 on Appendix II of the Convention on International Trade in Endangered Species.

Under the CITES agreement, Canada must show that allowing the export of an Appendix II species is not detrimental to the survival of the species.

This means Canada’s decision not to issue non-detrimental finding on the export of narwhal parts effectively amounts to an export ban throughout Nunavut.

NTI, whose officials denounced the DFO’s move as soon as they learned about it this past Dec. 8, then brought the issue to court.

This past Jan. 6, NTI applied to the Federal Court of Canada for a judicial review of the DFO’s narwhal tusk export ban, alleging the department’s handling of the non-detrimental finding issue was unlawful and breaches three different sections of the Nunavut land claims agreement.

NTI also alleged:

• DFO sought to circumvent the NLCA by using the narwhal tusk export ban to limit the harvest of narwhal without having to to go through the NWMB;

• DFO failed to include Inuit representatives in discussions leading to its “non-detrimental finding” decision, which NTI said was a breach of the NLCA;

• by impairing the economic value of narwhal, the DFO was indirectly attempting to force a reduction in the harvest of a species that Inuit have the legal right to hunt.

NTI agreed to halt the legal action in last month, after the DFO agreed to participate in “meaningful, timely consultations” with Inuit on decisions on narwhal harvesting and trade.

“By agreeing to participate in meetings with Inuit on this matter, DFO has demonstrated they will respect the constitutionally protected harvesting rights of Inuit that are clearly laid out in the Nunavut Land Claims Agreement,” said Eetoolook in the news release.

During the meeting, NTI expressed concerns about the accuracy of the DFO’s scientific advice used to justify their management decisions.

The DFO also gave a presentation on international trade, which led the group to begin making preparations for the next CITES meeting in 2013.

Eetoolook said NTI and the DFO agreed to work cooperatively on the CITES process “to ensure the continued trade of wildlife parts is conducted in a manner that reflects the principles of conservation and benefits Inuit,” according to the news release.

The meeting resulted in a common work plan for developing a co-management plan for a “sustainable harvest of narwhal,” said a federal government news release, sent out July 21.

“The Government of Canada is pleased with the progress shown by these four agencies in working together to support the North,” said Leona Aglukkaq, Nunavut’s MP, in the release. “These successful meetings mark another important step forward in the co-management of Arctic resources.”

The second meeting on narwhal will take place in Iqaluit Aug. 10 to 11, and will include representatives from NTI, the Inuit Wildlife and Environment Advisory Council, the Regional Wildlife Organizations, NWMB and the DFO.