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Aboriginal
Subsistence Whaling
Besides the commercial and
scientific whaling categories, the IWC operates with a third category
called aboriginal subsistence whaling. All aboriginal subsistence whaling
quotas are to be renewed by the IWC this year.
In 1981, the IWC gave this
definition of Aboriginal subsistence whaling (IWC and
Aboriginal/Subsistence Whaling: April 1979 to July 1981, Special Issue
4, 1):
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Aboriginal subsistence whaling means
whaling, for purposes of local aboriginal consumption carried out by
or on behalf of aboriginal, indigenous or native peoples who share
strong community, familial, social and cultural ties related to a
continuing traditional dependence on whaling and on the use of whales.
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Local aboriginal consumption means the
traditional uses of whale products by local aboriginal, indigenous or
native communities in meeting their nutritional, subsistence and
cultural requirements. The term includes trade in items which are
by-products of subsistence catches.
- Subsistence
catches are catches of whales by aboriginal subsistence whaling
operations.
However, in practice it has
not been easy to draw the line between aboriginal subsistence whaling or
commercial whaling. The latter is not even defined.
-
There has always been
disagreement whether to apply separate management objectives for the
two whaling categories. On the one hand, “any whaling activity has
its own culture, and is deeply rooted in the history of the nation; as
both types of whaling involve the same interaction between man and
whales as a resource then the same principles and management
objectives should apply” (IWC Special issue 4,1). On the other hand,
whaling defined as aboriginal subsistence also has commercial aspects,
e.g. in Greenland, where whale meat is sold in supermarkets. “What
is the difference between feeding your family directly with whale meat
and selling the whale meat in order to obtain food for your family? I
have problems making the distinction,” said former Secretary to the
IWC, Dr Ray Gambell (High North News no. 9, 1994).
- Catch
limit for this category of hunt is set by calculating the needs of the
local population from an estimated consumption per capita. This does
not, however, apply to Greenland where the quota is set lower than the
estimated need.
- Some
people falling under the definition of aboriginal subsistence whaling
are of the opinion that it is a form of inverted racism. “To deny us
the right to hunt commercially and trade in our products is to lock us
in a museum case. We are a people living in the 21st
century, not an exhibit from the British Museum. (...) Commerce is
part of the concept of sustainable development, and it is our right to
participate in this. To limit aboriginal whalers to a non-commercial
regime is nothing other than neo-colonialism,” says Leif Fontaine,
Chairman of Greenland’s fisher and hunters organisation (KNAPK) (The
International Harpoon, No 3, 2000, “The Right to be
Commercial”).
- If
the definition is unclear, it can be interpreted in many different
ways. For instance, when the Makah Tribe requested a grey whale quota
after a 70-year hiatus, New Zealand claimed that they had no
“continuing traditional dependence”, thus the Makah should not be
granted a quota under the aboriginal subsistence whaling category.
- Although
aboriginal subsistence whaling quotas are based on demonstrated
nutritional, subsistence and cultural needs, the IWC cannot allocate a
specific quota to a specific people. According to its Convention, the
IWC can only set catch quotas for a specific stock.
Current aboriginal
subsistence whaling quotas set by the IWC:
- Bering-Chukchi-Beaufort
Seas stock of bowhead whales (taken by Alaskan Eskimos, USA, and
native peoples of Chukotka, Russia) - The total number of landed
whales for the years 1998, 1999, 2000, 2001 and 2002 shall not exceed
280 whales, with no more than 67 whales struck in any year (up to 15
unused strikes may be carried over each year).
- Eastern
North Pacific gray whales (taken by those whose "traditional,
aboriginal and subsistence needs have been recognised", i.e.
Makah, USA and native peoples of Chukotka, Russia) - A total catch of
620 whales is allowed for the years 1998, 1999, 2000, 2001 and 2002
with a maximum of 140 in any one year.
- West
Greenland fin whales (taken by Greenlanders) - An annual catch of 19
whales is allowed for the years 1998, 1999, 2000, 2001 and 2002.
- West
Greenland minke whales (taken by Greenlanders) – The annual number
of whales struck for the years 1998, 1999, 2000, 2001 and 2002, shall
not exceed 175 (up to 15 unused strikes may be carried over each
year).
- East
Greenland minke whales (taken by Greenlanders) – An annual catch of
12 whales is allowed for the years 1998, 1999, 2000, 2001 and 2002 (up
to 3 unused strikes may be carried over each year).
- Humpback
whales taken by St Vincent and The Grenadines - for the seasons 2000
to 2002, the annual catch shall not exceed two whales.
All the aboriginal
subsistence whaling quotas are up for renewal in 2002.
High North Alliance Opinion
The High North Alliance believes that indigenous
peoples in some cases are entitled positive preferential treatment.
However, this treatment should not be detrimental to their development and
should not be imposed upon indigenous peoples against their will. As
practiced by the IWC, the aboriginal subsistence whaling category is
flawed. The people falling under this definition resent it. The definition
is unclear and wide open for expedient interpretation. The lines between
commercial and aboriginal subsistence whaling are blurred. It would
probably be preferable to get rid of the outdated aboriginal subsistence
whaling category, and ensuring the IWC manages all whaling based on the
same management objectives. The regime must be based on the spirit and
letter of the underlying agreement, the International Convention for the
Regulation of Whaling, the UN Law of the Sea and internationally
recognised principles of conservation and sustainable use as embodied in
Agenda 21.
Further Reading:
Aboriginal Subsistence / Culture
Aboriginal
Subsistence Whaling: A Concept in the Service of Imperialism, Arne Kalland
(1994)
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