Nunavut Tunngavik: Feds need to back off Inuit fisheries

Nunavut Tunngavik Inc. is preparing to take on the Department of Fisheries and Oceans over fishing rights in the Nunavut settlement area. Officials from the land claims organization voiced their concerns at a meeting in Iqaluit of the Nunavut Wildlife Management Board.

"Out of frustration... we decided, OK, enough is enough, we're going to start implementing the land claims," said Paul Irngaut, the wildlife director for NTI.

A proposal from the Nattivak Hunters and Trappers Organization in Qikiqtarjuaq is before the Nunavut Wildlife Management Board. The HTO wants to develop a commercial fishery for Arctic char and has applied for a licence. But NTI is arguing that Inuit don't need a license to fish.

"Under the hunters and trappers organization, they have the right to regulate their own harvest," said Irngaut.

NTI said fishing rights are guaranteed for Inuit under the Nunavut Land Claims Agreement, but old fishing regulations are still in place. NTI, Fisheries and Oceans, and the Nunavut Wildlife Management Board have been trying to come up with new ones that reflect the land claim.

"We've been in talks with the Department of Fisheries and Oceans for a very long time," said Irngaut in reference to the 17 years of attempted negotiations to hammer out a Nunavut fishing agreement.

In a Sept. 17 letter, NTI asked the Nunavut Wildlife Management Board not to make a decision on a licence for the Qammartalik Cove emerging char fishery. Instead, it wants Inuit to regulate and manage their own fisheries.

NTI points to several sections of the land claims agreement to substantiate its argument.

"An Inuk shall have the right to harvest that stock or population in the Nunavut Settlement Area up to the full level of his or her economic, social, and cultural needs," states Section 5.6.1.

Section 5.7.30 gives Inuit the right to "sell, barter, exchange and give, either inside or outside the Nunavut Settlement Area" any wildlife lawfully harvested. 

Section 5.7.3 guarantees the HTO the authority to self-manage or regulate the harvesting of its Inuit members.

Section 5.3.3 stipulates that there are only three reasons the Minister of Fisheries and Oceans or the NWMB can restrict Inuit harvesting rights, including conservation and public safety. In its presentation to the NWMB, NTI outlined how none of these reasons are a concern for the Qammartalik char fishery.

NTI also points to section 5.6.51 of the land claims agreement, which states that this proposed fishery will not disrupt disrupt existing commercial fisheries that were established prior to 1993 when the claim was signed.

The group also cites section 2.12.2, which states: "Where there is any inconsistency or conflict between any federal, territorial and local government laws, and the agreement, the agreement shall prevail."

For now, the HTO's application is with the Nunavut Wildlife Management Board, which has been meeting in-camera to discuss the matter.

"We don't like to see anything go to court," said Ben Kovic, NWMB Chair. "We have a land claims settlement, leave it at that." 

But if an agreement is not reached, NTI said the matter may end up in court. Fisheries and Oceans will only say that they are following the fishing regulations currently in place.