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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.

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):

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.
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 21^st 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) - A total of up to 280 bowhead whales can be landed in the period 2003 - 2007, with no more than 67 whales struck in any year (and 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 gray whales is allowed for the years 2003-2007 with a maximum of 140 in any one year.
West Greenland fin whales (taken by Greenlanders) - An annual catch of 19 fin whales is allowed for the years 2003-2007.
West Greenland minke whales (taken by Greenlanders) – The annual number of minke whales struck for the years 2003-2007, 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 minke whales is allowed for the years 2003-2007 (up to 3 unused strikes may be carried over each year).
Humpback whales taken by St Vincent and The Grenadines - For the seasons 2003-2007 the number of humpback whales to be taken shall not exceed 20, i.e. an annual average of 4 animals.

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

http://www.highnorth.no/Library/Culture/cont-cul.htm
Aboriginal Subsistence Whaling: A Concept in the Service of Imperialism, Arne Kalland http://www.highnorth.no/Library/Culture/a-con-in.htm