AGREEMENT BETWEEN
THE ICE SEAL COMMITTEE
AND
THE NATIONAL MARINE
FISHERIES SERVICE
FOR THE CO-MANAGEMENT OF
ALASKAN
This document constitutes an Agreement between the Ice Seal Committee
(ISC) and the National Marine Fisheries Service (NMFS), otherwise referred to
as the Parties.
ISC is a tribally authorized Alaska Native Organization that represents
ice seal subsistence hunters within the following five Alaska Native regions:
1) North Slope Borough, 2) Maniilaq, 3) Kawerak, 4) Association of Village
Council Presidents, and 5) Bristol Bay Native Association.
NMFS has the primary federal
responsibility for the conservation and management of certain marine mammals in
the
II. PURPOSES
A. The
primary purpose of this Agreement is to set forth a structure for the
conservation and management of ice seals in
1. To
promote the sustained health of Alaskan ice seals in order to protect the
culture and way of life of Alaska Natives who rely on the harvest of ice seals
for subsistence uses;
2. To
advance co-management, research, and the use of traditional knowledge of Alaska
Natives; and
3. To provide information to subsistence hunters and the public at large.
III. GUIDING PRINCIPLES
A. As the only consumptive users of Alaskan ice seals, Alaska Natives are dedicated to the long-term, sustainable harvest of ice seals for food and handicrafts. Their long history of self-regulation, coupled with their rich oral tradition and day-to-day contact with ice seals, gives Alaska Natives unique insight and knowledge of these important marine mammals.
B. NMFS has scientific expertise in areas of biology, ecology, and resource management. Under the Marine Mammal Protection Act of 1972, as amended (MMPA), NMFS is mandated to maintain and recover marine mammal populations to their Optimum Sustainable Populations and maintain populations as a significant functioning element in the ecosystem. NMFS is also responsible to maintain population levels that will allow sustainable subsistence harvests by Alaska Natives.
C. A partnership between the federal agency with management authority and the Alaska Native resource users is an important structure for conservation and stewardship of marine mammal populations that are critical to the subsistence life-ways of Alaska Natives. This agreement provides for full and equal participation by both Parties in decisions affecting the subsistence management of marine mammals, to the maximum extent allowed by law.
D. A key
to the success of this partnership is to incorporate the spirit and intent of
co-management by building trust and by establishing
close cooperation and communication between the two Parties and their
constituents. Shared decision-making
shall be through consensus, based on mutual respect and understanding of each
Party’s cultural perspective.
IV. AUTHORITIES
A. The ISC has the authority to enter into
this Agreement under authorizing resolutions from those tribes, tribal
consortiums, or tribally authorized organizations listed in Appendix A.
B. NMFS has the authority to enter into this Agreement pursuant to section
119 of the MMPA, 16 U.S.C. 1388.
Guidance is provided by the Presidential Memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal Government);
Executive Order 13175, November 6, 2000 (Consultation and Coordination with
Indian Tribal Governments); the American Indian and Alaska Native Policy of the
U. S. Department of Commerce, March 30, 1995; and the Memorandum of Agreement
for Negotiations of Marine Mammal Protection Act Section 119 Agreements, August,
1997.
A. This Agreement is intended to cover the
four ice seal species; referred to as the ringed seal (Phoca hispida),
bearded seal (Erignathus barbatus), ribbon seal (Histriophoca
fasciata), and spotted seal (Phoca largha), throughout their ranges
in
B. The
ISC represents the conservation and co-management interests of ice seal hunters
and subsistence users in a geographic area that extends along the western,
northwestern, and arctic coasts from
C. This Agreement encompasses the entire region as described above. However, specific actions taken or recommendations made pursuant to this Agreement may be limited to certain regions or sub-areas, as deemed appropriate.
VI.
OPERATIONAL STRUCTURE
A. Ice
Seal Co-Management Committee.
Recognizing the need for a joint effort to conserve ice seal populations
in
1. Composition. The Co-Management Committee
shall be comprised of the five management regional Representatives of ISC and
three members from NMFS upon the signing of this Agreement. The members of the Committee shall serve at
the pleasure of the Party by which they were appointed. Each Party may include advisors to be present
at meetings upon consent of Committee members.
The Committee shall select its Chair(s) by consensus. The Committee may form subcommittees as
necessary.
2. Meetings.
The Co-management Committee shall hold an annual meeting and may hold other
meetings, as necessary, at the request of either Party. The Chair(s) shall circulate a draft agenda
for comment in advance of each meeting.
A quorum of six members is required for a meeting to be held. Decisions of the Committee shall be through
consensus, based on mutual respect. Meetings of the Co-management Committee
shall be open to the public. The
Committee may also hold executive sessions.
3. Actions.
The Co-management Committee shall develop a Management Plan (or plans) for ice
seals in
A. The Co-management Committee shall
prepare and update a Management Plan (or plans) describing relevant
information, specifying mutually agreed upon actions to be implemented by the
ISC and NMFS, and setting forth recommendations for additional activities that
would promote Alaskan ice seal conservation.
Management Plans may be comprised of, but not limited to, the following
sections:
1.
Population
monitoring;
2.
Harvest
monitoring;
3.
Education;
4.
Research
recommendations;
5.
Management issues
such as, habitat protection, fisheries interactions, climate change, harvest,
other anthropogenic impacts, etc.;
6.
Training: cross
cultural / technical;
7.
Traditional
Knowledge; and
8.
Other
Recommendations.
B. Under each section, the Management Plan
(or plans) will summarize past activities and describe anticipated activities,
including the following:
1.
Summary of recent
progress and new information;
2.
Outline of future
goals and activities; and,
3.
Name of
organization(s) to assume specific project lead.
VIII. CONSULTATIONS
A. Routine
communications. ISC and NMFS shall
consult on a routine basis as set forth in this Agreement. The ISC Project Director and the NMFS Ice
Seal Program Coordinator shall communicate on an as-needed basis concerning
matters related to ice seals in
B. Regulation
and enforcement. NMFS recognizes
existing tribal authorities that regulate and enforce tribal provisions during
the conduct of the subsistence harvests of ice seals in
C. Species
(stock) listing. As concern about
any Alaskan ice seal stock arises (i.e., prior to listing as strategic or
depleted under the MMPA and/or as threatened or endangered under the Endangered
Species Act) the Parties agree that the Co-management Committee shall:
1.
Consult and
recommend about a possible need to list;
2.
Consult and
recommend about management strategies to avoid a possible listing;
3.
After listing,
consult and recommend about possible regulations; and
4.
After listing,
consult and recommend about possible arrangements for
ensuring compliance and enforcement.
D. Research
Ethics. To the extent permitted by
law, the Parties agree to encourage and assist all scientists who plan to
conduct research that will occur in Alaska Native villages to advise Native
People who are to be affected by the study of the purpose, goals, and
time-frame of the research, the data gathering techniques, and possible impacts
of the research, and to obtain the informed consent of the appropriate
governing body.
A. Both
Parties agree that long-term funding for sustained co-management and
conservation programs is important for the health of ice seals in
B. This
Agreement does not replace the need for a financial assistance award in
accordance with 16 U.S.C. § 1388. Until
those funds become available, each Party shall bear its own costs in
participating in this Agreement (e.g., for travel, consultations, training
sessions, and population and harvest monitoring).
C. This
Agreement is subject to the availability of funds.
X.
OTHER PROVISIONS
A. Nothing
in this Agreement is intended or shall be construed to authorize any expansion
or change in the respective jurisdiction of Federal, State, or Tribal
Governments over fish and wildlife resources, or alter in any respect the
existing political or legal status of Alaska Native entities.
B. If the
terms of this Agreement are inconsistent with existing laws, regulations, or
directives of either of the Parties entering into this Agreement, then those
portions of this Agreement which are determined to be inconsistent shall be
invalid, but the remaining terms and conditions not affected by the
inconsistency shall remain in full force and effect. At the first opportunity for review of the
Agreement, all necessary changes will be accomplished by either an amendment to
this Agreement or by a new Agreement, whichever is deemed expedient to the
interest of both Parties.
C. Should disagreements arise over the
provisions of this Agreement, or amendments and/or revisions thereto, that
cannot be resolved at the operating level, the area(s) of disagreement shall be
stated in writing and presented to the other Party for formal
consideration. If agreement on
interpretation is not reached within 30 days, the disagreement will be referred
to the Co-management Committee for appropriate resolution.
XI.
ADOPTION, DURATION, AND MODIFICATION
A. This
Agreement shall take effect upon the date of signature of the respective
Parties and shall remain in effect until terminated by either of the Parties in
accordance with the termination provisions of this Agreement. The Parties will review this Agreement at
least once every three years to determine whether it should be revised,
renewed, or canceled.
B. Modifications
of this Agreement may be proposed at any time by either Party and shall become
effective upon approval by both Parties.
C. Termination
clause: This Agreement may be terminated by either Party by giving 45 days
prior written Notice of Termination to the other Party. Such Notice shall be addressed to the
principal contact for the receiving Party.
XII. SIGNATORIES
In Witness Thereof, the
Parties hereto have executed this Agreement as of the last written date below:
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Chairman Regional
Administrator
North Slope Borough
Department of Wildlife Management
Agreement between the Ice Seal Committee and the
National Marine Fisheries Service Entered into Pursuant to Section 119 of the
Marine Mammal Protection Act of 1972, As Amended.
Appendix A
List of tribes, tribal consortiums, and tribally
authorized organizations providing authorized resolutions to the five
management regions recognized under the Ice Seal Committee.
Authorized Organization
Resolution Date
Maniilaq
Kawerak
Association
of Village Council Presidents