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The United States Marine Mammal
Protection Act:
Challenges to Inuit Sustainable
Resource Use in Canada
Scot Nickels
Inuit Tapirisat of Canada
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What these organizations do best, it seems, is to work internationally on
barriers which have great effect in our small communities. The United States
Marine Mammal Protection Act, for example, which was passed in 1972, involved
the active lobbying of the Humane Society of the United States. This Act totally
eliminated all trade to the United States for Canadian Inuit in marine mammal
products. This happened to Inuit within 60 days of the passage of the Act,
despite the fact that Canadian Inuit have traded with the Inupiat of Alaska and,
for that matter, with Inuit in what is now Russia and Greenland long before our
contact with Europeans. To this day, any import of Canadian Inuit marine mammal
products into the United States results in the importer being charged with an
offence equivalent to the importation of narcotics.
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An incident which reveals the striking inadequacy of the Marine Mammal
Protection Act occurred early this summer. In this incident, seven Inuit
marionettes from the community of Pelly Bay were sent to a Rhode Island puppet
master for repairs. These marionettes were to be used in an initiative by Inuit
elders to teach their children Inuit history. The puppets were made with locally
available material such as ring seal skins, caribou and musk ox hair - from
non-endangered species - and from beached bone from beluga whales.
Despite the fact that these puppets were made from animals abundant in the
north and were not intended for sale but for educational purposes only, the
elders from Pelly Bay were viewed as committing a statutory offence under the
U.S. Marine Mammal Protection Act. Because the puppets contained materials from
seal and whale, materials banned from crossing the United States border under
the Act, they were seized at the border and slated to be destroyed. Various
forensic studies were conducted to authenticate the materials origins and, the
U.S. authorities set in motion the process of pressing charges against the
community of Pelly Bay.
Pelly Bay is a tiny Inuit village located in the heart of Canada's newest
territory called Nunavut. The people there call themselves Netsilik (people of
the seal) their life-style revolves around their ability to harvest and utilize
seals. Pelly Bay is known as one of the most traditional Inuit villages in the
Canada Arctic.
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This incident begs the question: why are the Inuit of Pelly Bay being
harassed and threatened by one of the most powerful nations on earth? The
problem can best be explained by considering the ringed seal: Inuit hunters
annually take about 50,000 of an estimated 2.5 million ringed seals in the
Canadian Arctic. This Act has not stopped the Inuit hunt of marine mammals, but
has unfortunately, limited access to important markets which in some cases has
compromised the Inuit desire and ability to ensure that the entire animal gets
used.
For example, in the case of seals, the entire animal is used for food, and
the by-products of the hunt such as skin and bone are used for clothing, and
arts and crafts. Today, the MMPA decreases Inuit ability to access all markets
and to ensure that all parts of hunted animals serve some purpose.
The aim of the MMPA is to protect marine mammal populations. A stated goal of
the Act is the maintenance of marine mammal population levels at what is called
their "optimum sustainable production". Such a goal implies that a
sustainable harvest of marine mammals would be a tool that is consistent with
the Act. This, of course, is not the case. In fact, the passage of the MMPA has
had two significant effects. The first is the closure of an important market for
marine mammal products. The second effect, however, is more insidious. The MMPA,
and some of its offshoots have created the impression that marine mammal
populations are threatened overall, as well as the perception that products of
marine mammals are ethically undesirable to Americans. Saving seals is good:
killing them is bad.
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