Harvest Regulations

The Marine Mammal Protection Act of 1972 (MMPA) provides primary authorities for polar bear harvest management in Alaska. The MMPA prohibits hunting except by coastal-dwelling Alaska Natives for subsistence and handicraft purposes, provided the take is not wasteful.  The MMPA also prohibits the commercial sale of any marine mammal parts except when they have been significantly altered into handicrafts by Alaska Natives.  Under the MMPA, harvests quotas are not set unless polar bear populations are defined as “depleted” (below optimum sustainable population level). Harvest levels are monitored through mandatory marking, tagging, and reporting regulations that require that hides and skulls of harvested bears be tagged, and data recorded on each kill.  The U.S. Fish and Wildlife Service has primary responsibility for harvest management and works cooperatively with Alaska Native user groups (e.g., the Alaska Nannut Co-management Council, North Slope Borough) to address harvest issues under existing user group agreements.  In addition, international coordination is required for harvest management since both the Southern Beaufort Sea stock (SBS) and the Chukchi/Bering seas stock (CS) are shared with Canada and Russia, respectively. 

In recognition of the need for a more pro-active harvest management program for polar bears harvested in the SBS region, the Inupiat of Alaska and Inuvialuit of Canada developed and implemented an Inupiat-Inuvialuit (I-I) conservation agreement for the SBS population. The I-I Agreement was first signed in 1988, then re-negotiated, reviewed, and signed again in 1999. This agreement establishes sustainable harvest limits and allocates quotas (which are reviewed annually) between the jurisdictions.  The U.S. Fish and Wildlife Service and Canadian Wildlife Service provide technical information to members of the I-I Agreement, including harvest data.  While the I-I Agreement is not legally binding, it has resulted in greater involvement by user groups in harvest management and conservation, as well as harvest levels generally remaining sustainable (Brower et al. 2002).  However, with a reduction in estimated population size reported for the SB population in 2010 (Bromaghin et al. 2015), it will likely be necessary to reduce existing harvest levels in the future.

Regarding the CS population, little information is available regarding population size; however, the combined Alaska-Chukotka harvest may well be exceeding sustainable levels, based on anecdotal reports of illegal harvest occurring in Russia, combined with legal harvest by Alaska Natives.  To address harvest and conservation issues regarding the CS population, the U.S. and Russia signed a bilateral agreement in October 2000, which provides for equal participation from Alaska and Chukotka Natives.  A total of four commissioners (one federal and one native representative from Russia and the U.S.) are responsible for overseeing development and implementation of management and research programs, including determination of harvest limits. In the U.S., implementing legislation necessary to carry out the Bilateral Agreement was passed in 2007.  Both the United States and the Russian Federation have appointed Commissioners for the Agreement and an initial meeting of the Commission is anticipated in 2009.

In May 2008, polar bears worldwide were listed as a “threatened” species under the Endangered Species Act (ESA), due to range-wide declines in sea ice.  The ESA applies only to lands and waters under American jurisdiction.  Under the ESA, polar bears may still be hunted by Alaska Natives as long as the take is done for subsistence purposes, is not wasteful, and does not negatively affect the species.  Both the ESA and MMPA recognize the social, cultural, and economic importance of subsistence harvest to Alaska Natives, and that subsistence hunting in and of itself does not currently threaten the species in any significant portion of its range.  However, for some stocks, such as the CS and SBS stock, harvest must be closely monitored, and a reduction to existing harvest levels may be necessary to prevent accelerated decline of the stock.  The U.S. Fish and Wildlife Service will continue to work with the Alaska Native community to co-manage subsistence-related issues.