[Senate Hearing 109-252]
[From the U.S. Government Publishing Office]
S. Hrg. 109-252
IMPLEMENTING LEGISLATION FOR THE
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE
GOVERNMENT OF THE RUSSIAN FEDERATION ON THE
CONSERVATION AND MANAGEMENT OF THE
ALASKA-CHUKOTKA POLAR BEAR POPULATION
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
__________
NOVEMBER 14, 2005
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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0SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
TED STEVENS, Alaska, Chairman
JOHN McCAIN, Arizona DANIEL K. INOUYE, Hawaii, Co-
CONRAD BURNS, Montana Chairman
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
GORDON H. SMITH, Oregon BYRON L. DORGAN, North Dakota
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
JIM DeMint, South Carolina FRANK R. LAUTENBERG, New Jersey
DAVID VITTER, Louisiana E. BENJAMIN NELSON, Nebraska
MARK PRYOR, Arkansas
Lisa J. Sutherland, Republican Staff Director
Christine Drager Kurth, Republican Deputy Staff Director
David Russell, Republican Chief Counsel
Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
Samuel E. Whitehorn, Democratic Deputy Staff Director and General
Counsel
Lila Harper Helms, Democratic Policy Director
C O N T E N T S
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Page
Hearing held on November 14, 2005................................ 1
Statement of Senator Inouye...................................... 2
Prepared statement........................................... 2
Statement of Senator Stevens..................................... 1
Witnesses
Johnson, Charles H., Executive Director, Alaska Nanuuq Commission 4
Prepared statement........................................... 6
Jones, Marshall, Deputy Director, U.S. Fish and Wildlife Service,
Department of the Interior..................................... 2
Prepared statement........................................... 3
IMPLEMENTING LEGISLATION FOR THE AGREEMENT BETWEEN THE GOVERNMENT OF
THE UNITED STATES AND THE
GOVERNMENT OF THE RUSSIAN
FEDERATION ON THE CONSERVATION AND MANAGEMENT OF THE ALASKA-CHUKOTKA
POLAR BEAR POPULATION
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MONDAY, NOVEMBER 14, 2005
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington DC.
The Committee met, pursuant to notice, at 11:30 a.m. in
room SD-562, Dirksen Senate Office Building, Hon. Ted Stevens,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
The Chairman. Good morning. Today's hearing will discuss
the need to establish a regulatory framework in both Russia and
Alaska for the shared polar bear population. In order to
establish this regulatory course of action we need to pass
legislation that will implement the agreement between the
United States and Russia on the conservation and management of
polar bears.
The United States and Russia signed a bilateral Polar Bear
Conservation agreement, also known as the ``Polar Bear
Treaty,'' for the shared polar bear population in October of
2000. The purpose of the Polar Bear Treaty is to assure long-
term, science-based conservation of the polar bear population
and includes binding harvest limits.
Currently illegal harvest of polar bears in Russia is
significant and at levels that in the past caused population
depletion. In Alaska, subsistence hunting by Natives is
unrestricted provided the population is not depleted. However,
without implementing legislation to enforce agreements on the
conservation and management of the polar bear population,
depletion could result.
Today's hearing will have two witnesses. Mr. Marshall
Jones, Deputy Director of the U.S. Fish and Wildlife Service,
at the Department of the Interior, and Mr. Charlie Johnson.
Charlie is Executive Director of the Alaska Nanuuq Commission.
On short notice Charlie was kind enough to fly here from
Nome, Alaska. For those of you that don't know how far away
Nome is from Washington DC, the distance is about as far as it
is from here to Paris, France.
Charlie, I really appreciate you coming so far on short
notice. The Committee really appreciates you coming a short
distance. Let me yield to our Co-Chairman to see if he has
remarks.
STATEMENT OF HON. DANIEL K. INOUYE,
U.S. SENATOR FROM HAWAII
Senator Inouye. Well Mr. Chairman, I'm pleased that you
invited me to join you today. It is a new issue for me, but I
can assure you that I support this Agreement, and I support its
implementation and I'll do my best to see that this is carried
out. I gather that we may have a mark-up soon on this.
The Chairman. We hope to, that's why we're having the
hearing today, we hope to have the mark-up on Thursday,
Senator.
Senator Inouye. If I may, may I have my statement placed in
the record?
The Chairman. Yes, without objection.
[The prepared statement of Senator Inouye follows:]
Prepared Statement of Hon. Daniel K. Inouye, U.S. Senator from Hawaii
The U.S.-Russia Polar Bear Agreement is very important--both for
the preservation of the population of polar bears that live in Alaska
and in parts of Russia--and for the Native peoples who have long relied
on these animals for their subsistence needs.
The Agreement establishes a structure for bilateral management of
this shared population, including the setting of binding harvest
limits, bans on certain hunting practices, and close scientific
cooperation. Importantly, Native organizations in both countries will
play a major role in managing and implementing the Agreement.
This Agreement was signed in 2000 by the governments of the United
States and Russia. The Senate has already provided its advice and
consent on the Agreement.
The next step is to pass implementing legislation. I look forward
to working with Chairman Stevens to develop and pass such legislation
quickly.
The Chairman. Let us first hear from Mr. Jones.
STATEMENT OF MARSHALL JONES, DEPUTY DIRECTOR, U.S. FISH AND
WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR
Mr. Jones. Thank you Mr. Chairman, and Senator Inouye.
Thank you for the opportunity to testify on the U.S.-Russia
Polar Bear Agreement. I'm Marshall Jones, the Deputy Director
of the U.S. Fish and Wildlife Service. We greatly appreciate
your interest in this Agreement and your leadership in moving
the implementing legislation forward.
The United States and Russia share the Bering-Chukchi Sea
polar bear population which is now facing significant currently
unregulated harvest. In Russia despite the 1956 all-union ban
on polar bear hunting, harvest is now occurring at levels that
could deplete the population when combined with the legal
subsistence harvest in Alaska. In recognition of the need for
unified management of the shared polar bear population the
United States and Russian Representatives negotiated this
bilateral Agreement on the Conservation and Management of the
Chukchi Sea Polar Bear Population. That effort, Mr. Chairman,
started in 1990, with the first meetings of the two sides.
That's 15 years ago, and so this is a very historic day for us,
for Alaskan Native peoples, for peoples in Russia and for polar
bears.
The Agreement was signed by the two countries in October of
2000 and Senate advice and consent was provided on the treaty
in July of 2003. What we now need is what is before us now,
what you've introduced, or are introducing--the implementing
legislation. The purpose of the Polar Bear Agreement is to
ensure the long-term science-based conservation of the Alaska
Chukotka polar bear population. The Agreement addresses a
particular concern, which is the widely different harvest
provisions and practices on the U.S. side and the Russian side
of the population. While lawful harvest by Alaska Natives for
subsistence purposes occurs in Alaska, U.S. law does not allow
restriction of this harvest, unless the polar bear population
were to become depleted under the Marine Mammal Act, or
threatened or endangered under the Endangered Species Act. The
Agreement and the implementing legislation which you now have
before you will represent a major step forward for polar bear
conservation, and will enhance our collaborative efforts with
Russia for shared natural resources.
We look forward to working with the Committee on the
legislation to implement the Agreement.
Mr. Chairman, in closing I would like to state that the
Administration is committed to conserving and managing polar
bears by working with our partners in a cooperative fashion.
Our partners in this effort have included various agencies of
the U.S. Government, the Marine Mammal Commission, the
Department of State, in addition to the Fish and Wildlife
Service, the Alaska Department of Fish and Game, non-
governmental organizations and most especially our Alaska
Native partners.
And so it's a great pleasure to be here with Charlie
Johnson, and, Mr. Chairman, we want to emphasize our commitment
to continue this collaboration with the State of Alaska and
with Alaska Native Community to conserve and manage polar
bears.
Mr. Chairman, this concludes my remarks, and I'd be happy
to answer any questions.
[The prepared statement of Mr. Jones follows:]
Prepared Statement of Marshall Jones, Deputy Director, U.S. Fish and
Wildlife Service, Department of the Interior
Mr. Chairman and Members of the Committee, thank you for the
opportunity to appear before you today to discuss the Agreement Between
the Government of the United States of America and the Government of
the Russian Federation on the Conservation and Management of the
Alaska-Chukotka Polar Bear Population.
Amendments to Section 113(d) of the Marine Mammal Protection Act
enacted in 1994 directed the Service, for the United States, to enter
into negotiations with Russia to enhance the conservation and
management of polar bear stocks. Since 1990, the Service has worked to
improve cooperative research and management programs with Russia for
the conservation of polar bears. Significant progress has been made in
this effort. Building on this progress, United States and Russian
representatives negotiated a bilateral agreement on the conservation
and management of the shared Chukotka polar bear population of the
Chukchi and Bering Seas in February 1998. This landmark environmental
conservation agreement was signed by the governments of United States
and Russia on October 16, 2000, with Senate advice and consent provided
on July 31, 2003. Legislation will be necessary to implement the
Agreement, and in May 2004 the Administration transmitted proposed
implementing legislation to Congress. Implementation of this bilateral
Polar Bear Agreement will represent a major step forward for polar bear
conservation, and enhance our collaborative efforts with Russia to
conserve shared natural resources.
The proposed U.S.-Russia Agreement would establish a common legal,
scientific, and administrative framework for the conservation and
management of the Alaska-Chukotka polar bear population. The purpose of
the Polar Bear Agreement is to ensure the long-term, science-based
conservation of the Alaska-Chukotka polar bear population. At present,
polar bear harvest provisions and practices differ widely between the
U.S. and Russia. Unknown (but potentially significant) levels of
illegal harvest are occurring in Chukotka. While lawful harvest by
Alaska Natives for subsistence purposes occurs in Alaska, U.S. law does
not allow restrictions of this harvest unless a polar bear population
is designated as ``depleted'' under the Marine Mammal Protection Act,
or listed as ``threatened or endangered'' under the Endangered Species
Act. The Russian Federation will soon open a lawful polar bear hunting
opportunity for subsistence purposes by Native Chukotkans. When this
happens, there will be an immediate, pressing need for the coordination
of harvest restrictions on both sides of the border to prevent an
unsustainable combined harvest. Such harvest could lead to the Alaska-
Chukotka polar bear population becoming depleted, threatened, or
endangered. The Agreement will create a management framework to prevent
this from happening.
The Polar Bear Agreement calls for the development of binding
harvest limits at sustainable levels, prohibits the harvest of denning
bears and females with cubs, and restricts certain methods of hunting,
such as hunting with aircraft or large vessels. Commercial uses of
harvested polar bears are limited to the creation and sale of
handicrafts by Native people. The Agreement enhances support for
collaborative research by the United States and Russia and provides a
mechanism to coordinate these efforts with Native organizations in each
country. This will significantly increase our understanding of the
biology of polar bears, which are difficult to study as they inhabit
one of the most inaccessible and harsh environments in the world.
The Polar Bear Agreement was developed through a sustained,
inclusive and collaborative process over a 10 year period. The
Agreement was fully coordinated with the Alaska Native community,
representatives of the State of Alaska, the environmental community,
and the Marine Mammal Commission. Representatives of these
constituencies were members of the United States delegation that
negotiated the terms of the Agreement and are fully committed to its
goals.
The Administration has reviewed the Polar Bear Agreement and has
determined that implementation will result in tangible, on-the-ground
benefits to polar bears, the flagship symbol of the Arctic. Our review
also indicated that legislation is necessary to fully implement the
science-based management measures called for in the Agreement. With
this in mind, on May 20, 2004, the Administration transmitted to
Congress proposed implementing legislation, which would, among other
things, authorize the Department to establish prohibitions against take
and provide the enforcement authority for implementing the Agreement;
establish the membership of the United States section of the U.S.-
Russia Polar Bear Commission; clarify voting arrangements for Polar
Bear Commission decisions; and authorize appropriations for activities
associated with implementation of the Agreement. We appreciate your
interest and support prompt passage of appropriate implementing
legislation.
Mr. Chairman, in closing, I would like to state that this
Administration is committed to conserving and managing polar bears by
working with our partners in a cooperative fashion. In particular, I
want to emphasize the commitment to continued collaboration with the
State of Alaska, and our partners in the Native community to conserve
and manage this species. We look forward to working with you and
Members of the Committee to implement the U.S.-Russia Polar Bear
Agreement.
Mr. Chairman, this concludes my remarks. I would be happy to answer
any questions.
STATEMENT OF CHARLES H. JOHNSON, EXECUTIVE DIRECTOR, ALASKA
NANUUQ COMMISSION
Mr. Johnson. Thank you Mr. Chairman, I am Charlie Johnson,
Executive Director of the Alaska Nanuuq Commission which was
formed in 1994 to represent the villages and hunters that
harvest polar bears in Alaska. We are in our ninth year of a
Cooperative Agreement with the U.S. Fish and Wildlife Service
for the Conservation of Polar Bears in Alaska. Our current
agreement includes feeding ecology studies on the North Slope,
public education, predator prey studies, human bear
interactions and very importantly cooperation with the Natives
of Chukotka in Russia on the conservation of the shared polar
bear population. We also have a cooperative agreement with the
National Park Service Beringian Heritage Program for polar bear
studies in Chukotka and with the National Marine Fisheries
Service for ice seal studies in Alaska.
The Alaska Nanuuq Commission participated as an equal
partner with the U.S. Fish and Wildlife Service in the
negotiation of this Polar Bear Agreement. Both the Service and
Nanuuq Commission encouraged Russia to include representatives
of the Native Peoples of Chukotka in this negotiation process,
and for the most part they were involved.
When the Russian ambassador to the United States Yuri
Ushikov signed the Treaty on October 2000, he declared it the
most democratic document that Russia had ever agreed to since
the Treaty includes Alaska and Chukotka Natives on the Joint
Commission that will set harvest limits and policies.
For the first time in their history, Native Peoples of
Chukotka are involved with the management of their marine
subsistence resources, due largely to the way the Polar Bear
Treaty was negotiated. The Association of Traditional Marine
Mammal Hunters of Chukotka, a real grass roots organization
participated with the Government of Chukotka and the Ministry
of Natural Resources in the development of a very sound Polar
Bear Management Plan for Chukotka. The plan was largely modeled
on the Alaska Polar Bear Management Plan developed by the Fish
and Wildlife Service.
However the Ministry has informed us that they will not put
the plan into effect in Chukotka including enforcement and
protected areas will not be put into effect until the U.S.
enacts the treaty. We find this very disturbing because as
Marshall has mentioned and you have mentioned we know that
polar bears are being harvested at alarming numbers in
Chukotka. These numbers are unsustainable and they're similar
to the level of harvest--the sport harvest prior to 1973.
The enactment of this treaty is critical for the
conservation and long term survival and conservation of our
population. Additionally the Treaty has had a dramatic effect
on promoting democracy in Chukotka. When we conducted
interviews of elders in Chukotka with the Chukotka Association
on their observations of polar bear habitat use, they were
amazed that anyone, including government and NGO
representatives were interested in their opinions and
observations. For the first time their traditional knowledge
has been used and valued by management.
The Joint Commission created by that treaty will set
harvest limits. However in order to maintain scientifically
based sustainable harvest limits we must have a better estimate
of the population size. Based on observations we estimate this
population to be between 2,000 to 5,000 animals. The
demographics of harvested animals indicate a healthy and stable
population. So conducting a comprehensive population survey is
the most pressing issue for these bears. This will take money
and we feel that even if the U.S. has to bear the bulk of this
cost we feel that it is worth the expense and very necessary.
The Alaska Nanuuq Commission and the Association of
Traditional Marine Mammal Hunters have drafted a Native to
Native Agreement that will implement this Treaty. This
Agreement will distribute quotas and insure compliance with the
harvest limits.
This draft Native to Native Agreement is modeled after an
Agreement between the Inupiat of Alaska's North Slope and the
Inuvialuit of the Northwest Territories of Canada on the
Management of the Beaufort Sea population. This voluntary
Agreement was drafted in 1980 when the Native Peoples became
concerned that the harvest numbers might not be sustainable.
The Agreement they drafted established a voluntary quota of 40
bears for each side of the Alaska/Canadian Border. More
importantly this voluntary Agreement protects females and
females with cubs. As a result this population is stable and is
thought to be growing, and the voluntary quota has not been
exceeded and approximately only 85 percent of the quotas have
been harvested.
The U.S. Fish and Wildlife Service and the Ministry of
Natural Resources recognizes the value of the involvement of
the Native people, and support the development of the Native to
Native Agreement. Mr. Chairman, the Alaska Nanuuq Commission
wants our descendants and all people to enjoy polar bears as we
have and this legislation will ensure that,
Thank you.
[The prepared statement of Mr. Johnson follows:]
Prepared Statement of Charles H. Johnson, Executive Director,
Alaska Nanuuq Commission
Mr. Chairman,
I am Charles Johnson, Executive Director of the Alaska Nanuuq
Commission which was formed in 1994 to represent the villages and
hunters that harvest polar bears in Alaska. We are in our ninth year of
a Cooperative Agreement with the U.S. Fish and Wildlife Service for the
Conservation of Polar Bears in Alaska. Our current Agreement includes
feeding ecology studies on the North Slope, public education, predator
prey studies, human bear interactions and very importantly cooperation
with the Natives of Chukotka in Russia on the conservation of the
shared polar bear population. We also have a cooperative agreement with
the National Park Service Beringian Heritage Program for polar bear
studies in Chukotka and with the National Marine Fisheries Service for
ice seal studies. Ice seals are the primary prey for polar bears
The Alaska Nanuuq Commission participated as an equal partner with
the U.S. Fish and Wildlife Service on the negotiation of the polar bear
treaty with Russia. Both the Service and Nanuuq Commission encouraged
Russia to include representatives of the Native Peoples of Chukotka and
for the most part they were included.
When the Russian Ambassador to the United States Yuri Ushikov
signed the Treaty on October 16, 2000, five years ago, he declared it
the most democratic document that Russia had ever agreed to since the
Treaty includes Alaska and Chukotka Natives on the Joint Commission
that will set harvest limits and policies.
For the first time in their history, Native Peoples of Chukotka are
involved with the management of their marine subsistence resources, due
largely to the way the Polar Bear Treaty was negotiated. The
Association of Traditional Marine Mammal Hunters of Chukotka, a real
grass roots organization participated with the Government of Chukotka
and the Ministry of Natural Resources in the development of a very
sound Polar Bear Management Plan for Chukotka. The plan was largely
modeled on the Alaska Polar Bear Management Plan developed by the Fish
and Wildlife Service.
However the Ministry has informed both the Service and Nanuuq
Commission that the plan including enforcement and protected areas will
not be put into effect until the U.S. enacts the treaty. This is very
disturbing for us since the Chukotka Association has informed us that
polar bears are now being harvested at alarming rates similar to pre-
1973 sport hunting numbers which caused a serious decline in polar bear
numbers. It is estimated that up to 200 bears are taken in Chukotka
each year.
We believe that this polar bear population is healthy and stable,
however if these large numbers are being harvested there is a real
threat of a decline in numbers. In Alaska we harvest an average of 30-
40 bears annually out of this population.
The enactment of the treaty is critical for the conservation of the
Alaska Chukotka polar bear population. Additionally the Treaty has had
a dramatic effect on promoting democracy in Chukotka. When we conducted
interviews of elders in Chukotka with the Chukotka Association on polar
bear habitat use, they were amazed that anybody, including government
representatives, were interested in their observations and opinions.
The Joint Commission created by the Treaty will set harvest limits.
However in order to maintain sustainable harvest limits we must have a
better population estimate. We estimate that this population has 2,000
to 5,000 bears. Conducting a comprehensive population survey is the
most pressing issue for these bears. That will take money and even if
the U.S. has to shoulder the bulk of this expense we feel it is worth
the cost.
The Alaska Nanuuq Commission and the Association of Traditional
Marine Mammal Hunters of Chukotka have drafted a Native to Native
Agreement that will implement the Treaty. This Agreement will
distribute the quotas and insure compliance with the harvest limits.
Both the U.S. Fish and Wildlife Service and the Ministry of Natural
Resources recognize the necessity and value of the involvement of the
Native organizations in order to make the treaty work.
This Agreement is modeled after the highly successful volunteer
Agreement between the Inupiat of the North Slope and the Inuvialuit of
the Northwest Territories of Canada on the Management of the Beaufort
Sea Polar Bear Population. In 1980 the Inupiat and Inuvialuit became
concerned that harvest numbers out of this polar bear population were
unsustainable and negotiated an agreement that limited the harvest to
40 bears each, very importantly the Agreement protected females and
females with cubs. On a 10-year average only 85 percent of the quota
have been harvested. As a result of this Agreement the Beaufort Sea
polar bear population is stable and is thought to be growing.
Mr. Chairman the Alaska Nanuuq Commission want our descendants and
all people to enjoy polar bears like we have and this legislation will
guarantee that.
Thank you for this opportunity.
The Chairman. Thank you very much. It's my understanding
that we ratified the Treaty in 2004, I believe, and that this
legislation really is necessary to give your commission and the
federal agencies the authority it needs to assure Russia that
we will comply with the Treaty, is that right Charlie?
Mr. Johnson. That's correct. We've been--as I mentioned
we've been told by the Russian authorities that they will not
enforce the management plans that they developed until the U.S.
has passed enabling legislation. So this is why we feel this is
so very necessary.
The Chairman. Mr. Jones, as part of your Fish and Wildlife
Service, is your service prepared to back up the Commission in
this plan, I believe we've got a cooperative agreement now,
between the Fish and Wildlife Service and the Commission, is
that correct?
Mr. Jones. That's correct Mr. Chairman, and we're fully
prepared to work with the Nanuuq Commission to implement the
agreement. We think the legislation that you've introduced
provides a way for us to do that effectively. Once we get the
legislation hopefully enacted, signed by the President, then we
will plan to move forward very promptly to implement this, so
that we can address the issues that Charlie Johnson has
outlined. Issues which are mostly on the Russian side, but we
need to do our part, so that then we can sit down with the
Russians and negotiate harvest limits together.
The Chairman. Very good. Mr. Co-Chairman, do you have any
questions?
Senator Inouye. Thank you. Have the Russians ratified the
Treaty?
Mr. Jones. Yes sir they have.
Senator Inouye. Mr. Jones, you spoke of depletion. I can
understand extinction, but what do you mean by depletion?
Mr. Jones. Senator, depletion is a term from the Marine
Mammal Protection Act, which seeks to maintain an optimum
sustainable population of the marine mammals that are covered
by it, when their population declines.
And there are people who are more expert than I am on the
scientific aspects of how this determination would be made, but
when the population declines to the point where it no longer is
maintaining that sustainable population, the Marine Mammal Act
provides that you can designate the species as depleted at that
point. Other provisions of the law come into play. One of those
is that Native subsistence harvest can be regulated. Our goal
is to see that the polar bear population never gets to that
point where it is depleted, because we think that would be a
failure of our collective management.
Instead we think we can work together.
Senator Inouye. What stage are we in now?
Mr. Jones. Well, Senator, the population is worrisome but
not at the point yet where we think we would need to make that
designation of it being depleted. But we certainly see a trend
that we're concerned about for the future. And this Agreement
gives us the way to work together first of all. The U.S.
Government, State of Alaska, and Alaska Native Communities, and
then working across with counterparts in Russia to address
harvest so that we can have a good sustainable harvest for
subsistence purposes to provide for traditional lifestyles and
traditional use but also make sure that that does not in any
way threaten the population.
Senator Inouye. How many do you have in the animal
population in this area of concern?
Mr. Jones. Well population numbers are uncertain there. But
let me look at Charlie Johnson, for the latest figures, 2,000?
Mr. Johnson. Somewhere between 2,000 and 5,000 based on the
density observations. The density--the observations of the
density of polar bears in the Bering Chukchi Sea which we share
with Chukotka are very similar to those that are in the
Beaufort Sea. The Beaufort Sea population is very healthy and
is probably the most studied population in the world. And that
population is estimated to be right now at 2,500.
Senator Inouye. What are the mechanisms of enforcement, and
regulation? How will you enforce the Agreement?
Mr. Jones. Well Senator, we have to work very closely with
the Native communities. There are, I believe, 15 villages that
are involved with the traditional polar bear harvest. And we
believe that the best enforcement is the enforcement that would
be through voluntary compliance that the communities themselves
would enforce upon themselves. Of course there can always be
the bad actors who might do something outside that.
The legislation does provide for penalties for that, but
our goal would be to have cooperative efforts so that we're in
agreement. We would also work very closely with our Russian
counterparts and we're prepared to provide help, law
enforcement, and training, for example, for them so that they
can do the same on their side of the border. That is where we
have the real concerns right now. But the Russians have opened
up and said they want to work with us.
The Chairman. If the Senator would yield on that. I'm not
sure the Senator recalls that we prohibited non-Natives from
harvesting polar bear. Only Natives can harvest polar bear, and
then only consistent with the findings of the commission
working with you. Isn't that still correct, Charlie?
Mr. Johnson. That's correct.
The Chairman. Is there a similar paradigm for working in
Russia now, that they could enforce if we pass this law?
Mr. Johnson. Yes, there is. As I mentioned there's what is
called the Association of Traditional Marine Mammal Hunters.
They have five commissions: The Walrus Commission, the Polar
Bear Commission, a Bowhead Whale Commission, a Beluga
Commission, and a Salmon and Seal Commission. Right now the
government has assigned them the responsibility, for example,
of quotas on various types of marine mammals, such as bowheads
and gray whale harvests.
So one of the very possible benefits in Chukotka that this
Treaty has developed is it has kind of promoted the local
participation of the Native people with the governments in the
management of their resources.
The Chairman. If I could interrupt you. Senator, I do
believe it is a very great example of international cooperation
that is coming about because of the two commissions from the
Indigenous people.
Senator Inouye. So I gather, Mr. Johnson, that you feel
that the role that Native peoples play is not only real but
meaningful?
Mr. Johnson. Yes it is, it's very much so. And as I
mentioned, we based this on the voluntary Agreement that the
Inupiat of the North Slope and the Inuvialuit of the Northwest
Territories of Canada. We've established with them a quota
system that is voluntary and on a 10-year average the quota
would be a total of 800 animals from the last 10 years, 680
were harvested. So we're only about 85 percent of the quotas
and we haven't exceeded the quotas.
Senator Inouye. Thank you very much Mr. Johnson, Mr. Jones.
The Chairman. Do you anticipate Mr. Jones, a similar quota
being enforceable in Russia if we pass this legislation?
Mr. Jones. Well we do. We intend to work very closely with
the Russian Government. The legislation would set up a
commission with membership, one each from the Russian
Government and the Russian Native Communities to parallel one
each from the U.S. side, and the Alaska Native Community. And
we would work together with them. The Russians certainly have
some problems on their side, but they've shown good faith in
negotiating the Treaty and they are clearly--they are eager to
get on with it and implement it.
The Chairman. Will they enforce the rule that only the
Native people can harvest polar bears and then only for
subsistence?
Mr. Jones. This Agreement provides for that. It would only
be for subsistence harvest, and only then for traditional
Native handicrafts and subsistence use, and that's also
consistent with our broader obligations under other Treaties,
so we think the Russians want to do the right thing and we want
to help them.
The Chairman. Any other questions?
Senator Inouye. No.
The Chairman. We appreciate very much your coming in, Mr.
Jones, and particularly Charlie, because I know we didn't put
in a call to you until last week. We wanted to get this done
this year if it's possible. I didn't know the Russians were not
going forward until we do pass the enabling legislation. That
is really the reason we sent the emergency call to you and I'm
glad you came down. I appreciate it very much.
Mr. Johnson. Thank you.
The Chairman. If there's nothing further to come before the
Committee we will adjourn until Thursday.
[Whereupon, at 11:50 a.m., the Committee was adjourned.]