Legal regulation of the traditional (native) Pacific walrus harvest in Russia

The Pacific walrus area is on the territory of Russia and the US. Anciently, up to 3 thousand years ago [1, Bogoslovskaya L., Slugin I., Zagrebin I., Krupnik I., p. 15], the Pacific walrus was harvested by native peoples of Chukotka and Alaska, and now the walrus is still important for traditional economic activity.

Historically, traditional environmental management had no special permits or strict rationing. Currently, existing natural resource legislation contains general provisions on the customary use of natural resources by native peoples. Nevertheless, it requires obtaining special permits and licensing (incl. rationing) in respect of each of the natural resources [2, Zhuravel V.P., p. 84]. Therefore, the Pacific subspecies of walrus is in the list of aquatic biological resources1 with an established total allowable catch (TAC). Every year, the rationale for TAC is developed and quotas for the walrus harvest are approved for the native people of Chukotka. On the US side, the Pacific walrus hunt is not subject to legislative quotas, but it is produced in enough quantities to meet the needs of Alaska's native people.

The average annual harvest levels of walrus in both countries in 1990–1999: 6,307 ( + 707) walruses; in 2000–2009: 5,410 ( + 511), incl. 42% of struck and lost walruses [3, MacCraken J.G., p.

^∗ For citation:

2074], of which 49–51% were harvested in Alaska. Also, a decline in ice cover is observed in the Arctic over the past 20 years [4, Jay C.V., Fischbach A.S., Kochnev A.A., p. 9; U.S. National Ice Center]. It negatively impacts on walruses (increasing mortality) because their life is closely linked to the ice (the calves, molt, and rest in the feeding areas). To assess the current situation of the Pacific walrus harvest in the period of climate change, legislative and other official instruments governing its harvesting were analyzed, and a review of recent research was made.

Status of the Pacific Walrus and living conditions

The Pacific Walrus is the slowest breeding species among the harvested pinniped animals in the Arctic. Walruses are polygamous. Their puberty is reached by 5–7 years, but males enter reproduction only by 13–14 years because of stiff competition for females [5, Kibalchich A.A., p. 178]. Breeding occurs in January — March, and the birthing season is between April and mid-June. Pregnancy lasts 15 months, with a latent stage of 4 months [5, Kibalchich A.A., p. 178]. Females usually have one calf once every three years, depending on the mother and feeds milk up to 2–2.5 years [6, Fay F.H., p. 138]. The mortality of calves in the first year of life reaches 40–45%, incl. stillbirths and abortion in the late stage of pregnancy [data from 1981–1987; 7, Kibalchich A.A., p. 28].

Since the late 1990s — early 2000s, there is a reduction in the ice area in the Bering and the Chukchi Seas in the summer-autumn period. Also, there is a rapid decay of ice in spring and its later formation in autumn. As result, the period of the ice cover in the Chukchi Sea is reduced [8, Dmitriev A.A., p. 116; 4, Jay C.V., Fischbach A.S., Kochnev A.A., p. 9; 9, Kryukova N.V., Kochnev A.A., Pereverzev A.A., p. 34]. Earlier, years with weak and robust ice cover of the Chukchi Sea alternated [8, Dmitriev A.A., p. 116]. Now there is a long (not less than ten years) period of weak ice cover of the Chukchi Sea [10, Stroeve J.C., Serreze M.C., Holland M.M., Kay J.E., Malanik J., Barrett A.P., p. 1006]. First-year ice in winter that rapidly melts in summer is beginning to prevail, and the general warming of the Arctic has reduced the likelihood of cold years, which could lead to a temporary restoration of the ice cover [10, Stroeve J.C., Serreze M.C., Holland M.M., Kay J.E., Malanik J., Barrett A.P., p. 1005].

Since the 2000s, changes have also begun on walrus haulouts: the number of animals in the Bering Sea significantly decreased, and in the Chukchi Sea increased. It indicates the displacement of animals in the northern part of the range [9, Kryukova N.V., Kochnev A.A., Pereverzev A.A., p. 34; 11, Kryukova N.V., p. 131]. At the same time, since 2010, walruses massively appear at the shores of Alaska and form vast mixed haulouts [12, Garlich-Miller J., MacCracken J.G., Snyder J., Meehan R., Myers M., Wilder J.M., Lance E., Matz A., p. 27; 13, MacCracken J.G., Beatty W.S., Garlich-Miller J.L., Kissling M.L., Snyder J.A., p. 22]. It had never been previously observed. Since the life of the walrus is closely linked to the ice, it is most susceptible to the changes in the ice situation. In this regard, a study has been carried out to estimate of the abundance by the method of mark-recapture using genetic markers. A preliminary estimate of the data for 2013–2015 is 283.2

thousand walruses [13, MacCracken J.G., Beatty W.S., Garlich-Miller J.L., Kissling M.L., Snyder J.A., p. 25].

Development of the rationale for the total allowable catch (TAC)

Sea waters adjacent to Russia have zoning. The area of walrus in Russia covers the territory of two fishery basins2 and four fishing zones 3: Far East Fisheries Basin: 61.01 Western-Bering Sea

Zone, 67.01 Chukchi Zone, 18 Region Arctic: Chukchi Sea. East Siberian Fisheries Basin: 18 — Arctic region: East Siberian Sea. The boundaries of these zones are described in the Order of the Ministry of Agriculture of the Russian Federation 4, 5, 6 and according to it, these zones are located on the map (Fig. 1).

Fig. 1. Location of the fishing zones and the villages where walrus is harvested, indicating the boundaries of the Chukotka Autonomous Okrug (picture of the author).

Zone 61.01: 1 — Egvekinot, 2 — Konergino, 3 — Uel'kal', 4 — Enmelen, 5 — Nunligran, Zone 67.01: 6 — Si-reniki, 7 — Novoe Chaplino, 8 — Yanrakynnot, 9 — Lorino, 10 — Lavrentia, 11 — Uelen, Zone 18 (Chukchi Sea): 12 — Inchoun, 13 — Enurmino, 14 — Neshkan, 15 — Nutepel'men, 16 — Vankarem.

Under Federal Agency for Fishery Order 09.03.2010, No. 158 7, the development and approval of TAC are subject to a lengthy and complicated procedure. The latest data on the total number of subspecies, rate population growth, mortality, and harvest, as well as limiting factors (ice situation, diseases, etc.) is used for TAC development. Annual monitoring studies are carried out in the haulout and harvest areas to assess the changes in the walrus population. It is done by personnel of fisheries management institutions (ChukotTINRO, TINRO, VNIRO) [14, Smirnov G.P., Kochnev A.A., Litovka M.I., Kompantseva E.I., Grigorovich P.V., p. 229; 15, Kochnev A.A., p. 282; 16, Chakilev M.V., Kochnev A.A., p. 107; 11, Kryukova N.V., p. 59; 17, Pereverzev A.A., Kryukova N.V., p. 81] and other organizations — RPO “Marine Mammal Council” [18, Semenova V.S., Boltunov A.N., Nikiforov V.V., p. 522], Kamchatka Branch of the Pacific Institute of Geography, FEB RAS [19, Altukhov A.V., Skorobogatov D.O., Zagrebelny S.V., Kryukova N.V., Kochnev A.A., Chakilev M.V., Burkanov V.N., p. 16; 20, Kryukova N.V., Kozlov M.S., Skorobogatov D.O., Pereverzev A.A., Krupin I.L., Shevelyov A.I., Burkanov V.N., p. 146], Institute of Biological Problems of the North RAS, National Park “Beringia”. Also, various institutes conduct applied research of walrus, e.g., toxicology, infection with trichinellosis, and behavior of walruses. It is conducted by the Pacific Ocean Institute named after V.I. Ilyichev FEB RAS [21, Trukhin A.M., Simokon M.V., p. 3365], Vyatka State Agricultural Academy [22, Bukina L.A., p. 13], Saint Petersburg State University [23, Giljov A., Karenina K., Kochnev A., p. 50].

The documents of the TAC rationale 2003–2019 were analyzed. To justify the TAC 2003– 2011, 200 thousand walrus were used and for 2012–2019 — 129 thousand [24, Speckman S.G., Chernook V.I., Burn D.M., Udevitz M.S., Kochnev A.A., Vasilev A., Jay C.V., Lisovsky A., Fischbach A.S., Benter R.B., p. 546]. It is necessary to eliminate no more than half of the rate population growth to prevent the population decline. In the TAC 2003–2012 calculations, the rate growth of the Pacific walrus population was 9% [25, Fedoseev G.A., Goltsev V.N., p. 411], with a harvest level of 4–5 % for both countries, incl. 2% for Russia. Since 2013, the growth rate calculated by the ChukotTINRO employees based on coastal observations on the haulouts amounted to 4.6% [26, Chakilev M.V., p. 37]. In this case, walrus hunt together with unreported harvest (+ 20%) in Russia and harvest struck and lost animals (+ 42%) in Russia and Alaska fully covers population growth [26, Chakilev M.B., p.36].

Actual walrus harvest (produced and cut on the shore / ice does not include unreported harvest and struck and lost animals) as reported by the Department of Agriculture and Food of the Chukotka Autonomous Okrug (earlier, until October 19, 2018 — the Department of Industrial and Agricultural Policy of the ChAO) (hereinafter — the Department of the ChAO) is in Table. 1.

Quotas for the pacific walrus and the actual harvest

Table 1

Years	Western-Bering Sea Zone	Chukchi zone	Chukchi Sea Zone	East Siberian Sea	Total TAC (C) *.	Total harvest by ISPN + C
2003	3000 (50)****				3000 8	1219
2004	2000				2000 (10) 9, 10, 11	1118
2005	2000				2000 (40) 12 ,13	1436
2006	1500 (50)****				1500 (40)14 ,15	1047
2007	1500				1500** 16	1173
2008	305	900	675	20	1900** 17	695
2009	300	430	750	0	1480** 18	1035

2010	75	520	695	10	1300 (65) 19, 20	1057
2011	150	610	730	10	1500** 21	1032
2012	240	500	750	10	1500 (100) 22, 23	1009+7***
2013	250	431	750	5	1436** 24	1042+11***
2014	250	431	750	5	1436** 25	819+13***
2015	203	536	746	4	1489** 26	971
2016	195	539	758	4	1496** 27	1020

2017	195	539	758	4	1496** 28	1063
2018	195	539	758	4	1496 (30) 29, 30	1234+6***

* TAC is the total number of walrus allowed to be harvested, incl. the catching for educational and cultural purposes (C), the quota of the latter is in brackets; ** in these years, no quotas for the capture of walruses for educational and cultural (C) goals were granted; *** data on actual capture of walruses provided by the territorial bodies of the Federal Agency for Fishery. In 2013 and 2014, catching calves was carried out for cultural and educational purposes according to ISPN quotas, **** the number of walrus allocated to the Koryak Autonomous Okrug within the total quota is in brackets.

These figures are based on the reports of communities that received quotas for the harvesting of walruses. Individuals did not report on the number of animals hunted, thus falling into the category of the unreported harvest. Currently, no up-to-date data on the size of the unreported harvest is accounted for. We have only early data that show the information of the ChAO Department might be underreported up to 20% of the real [27, Smirnov G.P., Rinteymit V.M., Agagisyk M.D., Litovka M.I., p. 231]. It has been in the TAC rationale since 2013 but has not been used for the calculation of quotas. Since 2014, it is used for the allocation of quotas to communities and private hunters, who got about 20% of the total quotas. Up-to-date data on the proportion of struck and lost animals during harvest have not been available. Since 2013, the TAC calculation uses a previously obtained factor of 42% [28, Fay F.H., Kelly B.P., p. 368]. The TAC rationale is common to all types of catches — for indigenous small-numbered peoples of the North (ISPN) and educational and cultural purposes (C), but the latter is considered only when the needs of native peoples are met.

The TAC rationale is prepared by the Chukchi branch of the Pacific branch of VNIRO (Chu-kotTINRO), then it is agreed with TINRO and the head institute of VNIRO. Public hearings are tak- ing place in the areas where the catch is planned. Before that, within a month, any person can get acquainted with the materials of the TAC development at the Institute (TINRO). Further, the materials are transferred to the independent environmental expertise in Federal Service for Supervision of Natural Resources, where the commission of experts considers the TAC materials within a month. It is followed by an order by the Federal Agency for Fishery to distribute quotas by zone. At different stages, there may be adjustments to the number of animals allowed to catch. The approved quotas are presented in Table 1.

The TAC justification 2003–2007 and quotas were given only for 61.01 — Western-Bering Sea zone. Since 2008, the quota has been given to 3 zones: Chukchi zone, Chukchi sea zone, and East Siberian sea zone.

Organization of harvest, its regulation and catch

The quota for ChAO is distributed between communities and individuals (small native peoples) by the ChAO Department. At present, in Chukotka, walruses are hunted by brigades consisting of the “Territorial Neighborhood Communities of the Indigenous small-numbered peoples of the North” (ТNС ISPN) and the “Territorial Neighborhood Communities of the Indigenous small-numbered peoples of the Chukotka” (TNC ISPCh). There are nine communities where walrus harvest is occurring. They are sited in three districts of ChAO, in 16 villages (data 2018)31:

Iultinskiy District:

• 1.    TNC ISPN “Ankal'yt” (maritime people) (settlement Egvekinot, villages Konergino, Uel'kal', Nutepel'men, and Vankarem).

• 2.    TNC ISPN “Enmelen” (village Enmelen)

• 3.    TNC ISPN “Nunligran” (village Nunligran).

• 4.    TNC ISPN “Sireniki” (village Sireniki).

• 5.    TNC ISPN “Chaplino” (Novoye Chaplino village)

• 6.    TNC ISPN “Yanrakynnot” (Yanrakynnot village)

• 7.    TNC ISPCh “Lavrentia” (village Lavrentia)

• 8.    TNC ISPCh "Lorino" (Lorino village).

• 9.    TNC ISPCh “Daurkin” (villages Lavrentia, Uelen, Inchoun, Enurmino, Neshkan).

Providenskiy District:

Chukotskiy District:

The walruses are hunted for the benefit of the native population: food, winter stocks in the form of rolls (copalahen), food for the dogs, and arctic foxes at fur farms (Lorino and Inchoun villages). About 700 arctic foxes (with cubs from spring to autumn up to 1 300) live at fur farms. During the season, walruses are hunted due to the demand of the population for meat and economic needs. The walrus harvest is carried out in spring — late autumn, in ice-free time, when walruses appear near the village area (Fig. 2, 3).

Fig. 2. Hunters are hauling walrus harvested ashore (the author's photo).

Usually, a more significant number of walruses are harvested in autumn — the preparation of a stock of meat for the winter, because there comes a cold season, contributing to its preservation. Private hunters (families) also harvest walruses and use them entirely for their own needs.

In the framework of traditional economic activities, marine mammals are hunted according to the List types of Traditional Economic Activities of the Indigenous small-numbered peoples of the Russian Federation 32: Art.6 Fishing (incl. marine animal harvesting) and the sale of aquatic biological resources.

Previously, the hunting process was governed by Order No. 385 of the Ministry of Agriculture of the Russian Federation of 21 October 2013 (ed. 04.06.2018) and since 17 June 2019 — Order of the Ministry of Agriculture of the Russian Federation of 05.23.2019 No. 267 “On approval of fishing rules for the Far Eastern fisheries basin”. In this order, the Regulations for the harvesting of aquatic biological resources for ensuring the traditional way of life and economic activities of the small native peoples of the North, Siberia and the Far East of the Russian Federation are described in Chapter VII.

• ³² Rasporyazheniye Pravitel'stva RF ot 08.05.2009 № 631-r (red. ot 29.12.2017) «Ob utverzhdenii perechnya mest tra-ditsionnogo prozhivaniya i traditsionnoy khozyaystvennoy deyatel'nosti korennykh malochislennykh narodov Ros-siyskoy Federatsii i perechnya vidov traditsionnoy khozyaystvennoy deyatel'nosti korennykh malochislennykh narodov Rossiyskoy FederatsiI» [Decree of the Government of the Russian Federation No. 631-r of 08 May 2009 (ed. 29.12.2017) “On approval of the list of places of traditional residence and traditional economic activity of small native peoples” and the list of traditional economic activities of the small native peoples of the Russian Federation”].

Fig. 3. Cutting walrus (the author's photo).

According to Art. 96 concerning traditional fishing, it is prohibited to harvest: “a) walruses with the use of all tools and methods of hunt, with the exception of authorized rifled weapons, in case of the onboard presence of means for immediate hauling of the harvested animal from the water; on coastal haulouts; lactating females with calves; c) alive marine mammals for the delivery to shores.”

According to Art. 32.21, during the harvesting of aquatic bioresources, it is prohibited to harvest walruses at haulouts and the distance less than 500 m from them. Art. 23.2.1. contains a list of areas (islands, capes, and coasts) where harvesting is prohibited in the 12-mile zone, all year round or in the period from July 1 to December 31.

Parties engaged in traditional fishing, according to Art. 89, are not entitled to discard the harvested (caught) aquatic bioresources permitted for harvesting. According to Art. 86—88.2 they must ensure the filling of a fishing log, provide data to the relevant territorial authority of the Federal Agency for Fishery, i.e., data on the harvesting of aquatic bioresources incl. marine mammals, and maintain, in proper order, places of the slaughter and cutting of marine mammals.

Information on the actual harvesting of walruses is transferred by head of brigades and lead communities to the Department of ChAO. According to the Department of ChAO, quotas are not whole taken [29, Boltnev A.I., Grachev A.I., Zharikov K.A. Zabavnikov V.B., Kornev S.I., Kuznetsov V.V., Litovka D.I., Myasnikov V.G., Shafikov I.N., p. 246; 26, Chakilev M.V., p. 36]. However, observations and researches (both own and completed by the other researchers) reveal the real harvest higher than the official data of the Department. This value varies in different villages and years from 10.4% to 20% [27, Smirnov G.P., Rinteimit V.M., Agnagisyak M.D., Litovka M.I., p. 231]. Besides, as noted earlier, the private harvest is not entirely regulated. Therefore, it appears that the quota has been taken completely.

In some years (Table 1), in addition to native harvest, quotas were allocated for educational and cultural purposes, i.e., harvesting walruses for captivity (e.g., oceanariums, etc.). Catching for educational and cultural purposes is in the Fisheries Rules 33, Chapter VI. The harvest of cubs is prohibited on coastal haulouts and at less than 500 m from them. No restrictions established on age categories, but usually harvest for young walruses (4–6 months), occasionally yearling (1.5 years); both age groups are dependent calves drinking milk and accompanied by mother.

Also, if marine mammals are damaged in any type of harvesting, a fine will be charged 34. E.g., for the Pacific walrus, it amounts to 57,540 rub.

Discussion

Currently, seasonal mortality data are used to justify the TAC, i.e., the count of dead walruses on one or three haulouts within two months. But this does not reflect the real walrus mortality. The rest of the Chukotka coast and several other haulouts are not covered. It does not include for the deaths of young walruses from birth to the time that they are go out on the shore. They may die for various reasons, incl. the hunt of polar bears (author's observations 2017). The period of the first winter of calves is not accounted for as well. Also, stillborn and abortions are not considered. Therefore, seasonal local observations of walrus mortality give a somewhat relative estimate of mortality. A modern study on the reproductive system of walrus females is needed to answer these questions. The last time such studies were carried out 22-38 years ago [7, Kibalchich A.A., p. 28; 30, Garlich-Miller J., Pungowiyi C., p. 6]. After that, significant changes in the walrus habitat occurred, which could affect the survival of calves.

Unfortunately, there is also a lack of information on the sex and age composition of the harvested animals. Communities report only on the total number, and it does not allow for a clear assessment of elimination from the population. Information is available only if a biologist is pre- sent at the harvest time, but it covers only a short period in one or two villages. According to earlier data, in several communities, a small preponderance in harvest was towards males [11, Kryukova N.V., p. 124]. However, we have no complete information.

Spearing (rus. “pokol”) with spears is a traditional method of harvesting walrus on coastal haulouts [1, Bogoslovskaya L., Slugin I., Zagrebin I., Krupnik I., p. 307]. At the same time, it conflicts with Fisheries Regulations that prohibit harvest on coastal haulouts. However, well-organized spearing carried out on small haulouts allows harvesting several animals quickly without significant panic among walruses. The spearing is done late in the autumn when storms interfere with hunting from boats. At this time, a small snow cover is usually formed and snowmobiles or dog sledding are used for the delivery meat of walrus to the villages. At the same time, if the hunt is poorly organized, it causes panic and mass descent of walruses into the water, which is accompanied by trauma and death of animals [31, Chakilev M.V., Bayderin A.G., Kochnev A.A., p. 272].

Also, some areas referred to the walrus quiescent zones by the Fishing Rules. Hunters actively use them since it is possible to obtain the required number of walruses with little time, effort, and fuel. Usually, hunting is carried out on the water at walruses going from the sea to haulouts, without disturbing the ones on the shore. But in some cases, this causes disturbing [32, Pereverzev A.A., Kochnev A.A., p. 175].

At the same time, poaching is present (i.e., walrus is harvested, poachers cut tusks and throw carcasses), and it is not considered when substantiating TAC. The size of poaching is not precisely known; it appears to vary from one area to another, depending on the level of control.

Catching for educational and cultural purposes, despite the ban on catching of calves on the shore, according to the Fisheries Regulations, for many years, it was focused on haulouts, accompanied by massive panic and the descent of walruses from haulout into the water, thereby increasing the mortality of walruses [14, Smirnov G.P., Kochnev A.A., Litovka M.I., Kompantseva E.I. Grigorovich P.V., p. 229; 15, Kochnev A.A., p. 284].

Another problems associated with climate change are extended periods of open water [10, Stroeve J.C., Serreze M.C., Holland M.M., Kay J.E., Malanik J., Barrett A.P., p. 1006] and an increase in water temperature in the Arctic [33, Steele M., Ermold W., Zhang J., p. 1]. They lead to increased mixing/circulation of water with pollutants — in the horizontal direction with currents and the vertical direction during storms. Of concern is the contamination of radionuclides entering the water from radioactive waste sites [34, Nikitin A.I., p. 4] whose location may be unknown. The walrus diet is dominated by mollusks, which are biofilters and can accumulate up to 90% of radioactive strontium from the surrounding water [35, Belokon’ A.S., Dvoretskiy A.I., Novitskaya O.A., Lavrova T.V., p. 21]. Similar situation with heavy metals, such as mercury, which accumulates in tissues throughout the life of the animal [21, Trukhin A.M., Simokon M.V., p. 3363]. The meat of such animals may pose a danger to the health of the native population [21, Trukhin A.M., Simokon M.V., p. 3365].

Investigations have shown that walruses and the other pinnipeds (largha, bearded seal, and ringed seal), are infected with trichinosis [22, Bukina L.A., p. 13]. The native population uses the meat of these animals for food in raw and dried form. It is possible that walruses, due to the inaccessibility of food (long feed routes), will often eat dead animals and therefore, the number of walruses infected with trichinosis can increase. It is necessary to continue the research on the walruses for infection to resolve this question.

Conclusion

The conservation of the Pacific walrus is vital for both the native people of Chukotka and the fisheries. In our view, this requires:

• 1.    Conduct more detailed and relevant researches on the Pacific walrus, namely, to study the reproductive organs (the reproduction period, the mortality rate of calves in the first year of life, etc.); register the age and sex composition of harvested walruses; conduct toxicological, microbiological and other studies to assess animal health, because people use their meat for food raw.

• 2.    To work out more precise and unambiguous formulations in the legislative documents regulating traditional harvest (areas, periods, and methods), since some points contradict the capabilities and interests of the native people. It is also necessary to inform the native people about changes in legislation that regulates traditional harvest, as the local population in villages often does not know either the Fishing Rules or the possible consequences of their violations.

• 3.    Cooperation (not confrontation) between employees of different scientific institutions and the native peoples in the research of walrus. It will contribute to more extensive and full-scale research walruses on haulouts, and annual native harvest will help to collect a more substantial amount of material on the biology and health of walruses. It is also necessary to create an international walrus group for the rapid exchange of research results and relevant information in the case of epizootics since this resource is common for Russia and the US.

Communities that believe and are firmly convinced that their well-being and future depend on a hunt on walrus will be the best partners in management [36, Metcalf V., Robards M., p. 154].