Polar Bear Total Allowable Harvest Order, CR Nu R-011-2005

C.R.Nu. R-011-2005 WILDLIFE ACT OFFICIAL CONSOLIDATION OF POLAR BEAR TOTAL ALLOWABLE HARVEST ORDER C.R.Nu. R-011-2005 In force July 6, 2005 (Consolidation date: December 15, 2022) Note: see s.4 of R-037-2022 for transitional provisions. R-011-2005 AS AMENDED BY: R-020-2007 In force September 5, 2007 R-021-2008 In force September 18, 2008 R-003-2010 s.2 in force July 1, 2010 s.3 in force July 1, 2011 s.4 in force July 1, 2012 s.5 in force July 1, 2013 R-019-2011 In force October 27, 2011 R-017-2012 In force September 26, 2012 R-025-2015 In force August 25, 2015 R-031-2015 In force October 26, 2015 R-025-2017 In force September 26, 2017 R-013-2018 In force July 1, 2018 R-026-2021 In force July 1, 2021 R-037-2022 In force December 15, 2022 C.R.Nu. R-011-2005 This is an official consolidation published by the authority of the Territorial Printer under the Legislation Act. Subsection 66(2) of the Legislation Act provides that "If there is an inconsistency between a consolidated enactment and the original or revised enactment as amended, the original or revised enactment as amended prevails." The authoritative text of original and revised statutes can be ascertained from the Revised Statutes of the Northwest Territories, 1988 and the Annual Volumes of the Statutes of the Northwest Territories (for statutes passed before April 1, 1999) and the Statutes of Nunavut (for statutes passed on or after April 1, 1999). A copy of a statute of Nunavut can be obtained from the Territorial Printer at the address below. The Annual Volumes of the Statutes of Nunavut and this consolidation are also available online at www.nunavutlegislation.ca. Any certified Bills not yet included in the Annual Volumes of the Statutes of Nunavut can be obtained through the Office of the Clerk of the Legislative Assembly. Territorial Printer Legislation Division Department of Justice Government of Nunavut Tel.: (867) 975-6305 P.O. Box 1000, Station 550 Fax: (867) 975-6189 Iqaluit, NU X0A 0H0 Email: Territorial.Printer@gov.nu.ca http://www.nunavutlegislation.ca/ mailto:Territorial.Printer@gov.nu.ca C.R.Nu. R-011-2005 GLOSSARY OF TERMS USED IN CONSOLIDATIONS Miscellaneous c. means "chapter". CIF means "comes into force". NIF means "not in force". s. means "section" or "sections", "subsection" or "subsections", "paragraph" or "paragraphs". Sch. means "schedule". SI-005-98 means the instrument registered as SI-005-98 in 1998. (Note: This is a Northwest Territories statutory instrument if it is made before April 1, 1999, and a Nunavut statutory instrument if it is made on or after April 1, 1999 and before January 1, 2000.) SI-013-2017 means the instrument registered as SI-013-2017 in 2017. (Note: This is a Nunavut statutory instrument made on or after January 1, 2000.) Citation of Acts R.S.N.W.T. 1988,c.D-22 means Chapter D-22 of the Revised Statutes of the Northwest Territories, 1988. R.S.N.W.T. 1988,c.10(Supp.) means Chapter 10 of the Supplement to the Revised Statutes of the Northwest Territories, 1988. (Note: The Supplement is in three volumes.) S.N.W.T. 1996,c.26 means Chapter 26 of the 1996 Annual Volume of the Statutes of the Northwest Territories. S.Nu. 2011,c.15 means Chapter 15 of the 2011 Annual Volume of the Statutes of Nunavut. Polar Bear Total Allowable Harvest Order, Official Consolidation of Current to: December 15, 2022 1 C.R.Nu. R-011-2005 POLAR BEAR TOTAL ALLOWABLE HARVEST ORDER Mapsheets 1 to 20, which show the boundaries of the polar bear populations in Nunavut in greater detail, are available for inspection during reasonable hours at the following locations: Office of the Chief Legislative Counsel Legislation Division Department of Justice Building 1107 Iqaluit, Nunavut Office of the Superintendent of Wildlife Department of Environment Government of Nunavut Suite 1104 A Inuksugait Plaza Iqaluit, Nunavut Office of every Nunavut Conservation Officer The Minister, in accordance with an accepted decision of the NWMB, under sections 120, 121, 156 and 157 of the Wildlife Act, S.Nu.2003,c.26 and every enabling power, makes the annexed Polar Bear Total Allowable Harvest Order. 1. (1) A total allowable harvest is established for polar bears in accordance with this Order. (2) The level of the total allowable harvest for each harvest year for a subpopulation of polar bears is set out in the following formula and is expressed as a yearly limit allocated to a community or region: TAH = BTAH + CR where TAH is the total allowable harvest for the subpopulation of polar bear listed in Column 1 of Schedule A for the respective community or region listed in Column 4 of Schedule A; BTAH is the basic total allowable harvest listed in Column 3 of Schedule A for the respective subpopulation and community or region; CR is the number of polar bear credits carried over from a previous year for the subpopulation and community or region, as calculated in accordance with this section. Polar Bear Total Allowable Harvest Order, Official Consolidation of Current to: December 15, 2022 2 C.R.Nu. R-011-2005 (3) The number of polar bear credits carried over from one year to the next for the subpopulation of polar bear listed in Column 1 of Schedule A for the respective community or region listed in Column 4 of Schedule A is calculated in accordance with the following formula: CR = PYTAH - PYH where CR is the number of polar bear credits carried over from one year to the next for the subpopulation and community or region; PYTAH is the previous year's total allowable harvest (TAH) for the subpopulation and community or region as calculated under subsection (2); PYH is the number of polar bears harvested from the subpopulation by the community or region, or attributed to it, during the previous year. (4) Despite subsection (3), when a basic total allowable harvest listed in Column 3 of Schedule A is amended, (a) the credits carried over from the previous year for the respective subpopulation and community or region are deemed to be zero; and (b) the total allowable harvest (TAH) for the respective subpopulation and community or region during the first year the amendment is in effect is equal to the basic total allowable harvest (BTAH) listed in Column 3 of Schedule A for the respective subpopulation and community or region. (5) The portion of the total allowable harvest (TAH) for a subpopulation and community or region that is derived from the number of polar bear credits carried over from a previous year (CR) may only be harvested if (a) when the yearly harvests from that portion do not exceed of 25% of the basic total allowable harvest (BTAH), the Superintendent authorizes the harvest; or (b) in any other case, a decision of the NWMB authorizes the harvest. (6) The Superintendent, RWOs and HTOs must issue polar bear tags in a manner that reasonably ensures that the number of female polar bears harvested from a subpopulation by a community or region listed in column 4 of Schedule A does not, over time, exceed the number of male polar bears harvested from the subpopulation. (7) It is presumed that Inuit need the total allowable harvest for polar bears. R-037-2022,s.2. Polar Bear Total Allowable Harvest Order, Official Consolidation of Current to: December 15, 2022 3 C.R.Nu. R-011-2005 2. (1) The populations of polar bears that are recognized in Nunavut are pictured in a map set out in Schedule B, using the abbreviations for the populations. (2) A polar bear found inside Nunavut within 30 km of the boundary of a polar bear population may be presumed to come from either the population of the area it was found in or from the bordering one. Polar Bear Total Allowable Harvest Order, Official Consolidation of Current to: December 15, 2022 4 C.R.Nu. R-011-2005 SCHEDULE A Column 1 Population of Wildlife Column 2 Abbreviation Column 3 Basic Total Allowable Harvest Column 4 Community, Region or Aboriginal Group Norwegian Bay Polar Bear Population NW 4 Grise Fiord Kane Basin Polar Bear Population KB 5 Grise Fiord Viscount Melville Polar Bear Population VM 3 Cambridge Bay Lancaster Sound Polar Bear Population LS 85 Baffin Region Baffin Bay Polar Bear Population BB 80 Baffin Region Northern Beaufort Polar Bear Population NB 6 Kugluktuk M’Clintock Channel Polar Bear Population MC 21 Kitikmeot Region Gulf of Boothia Polar Bear Population GB 17 Baffin Region 6 Kivalliq Region 61 Kitikmeot Region Foxe Basin Polar Bear Population FB 52 Baffin Region 71 Kivalliq Region Davis Strait Polar Bear Population DS 46 Baffin Region Western Hudson Bay Polar Bear Population WH 38 Kivalliq Region Southern Hudson Bay Polar Bear Population SH 25 Sanikiluaq R-020-2007; R-021-2008; R-003-2010,ss.2(1),3(1),4(1),5(1); R-019-2011; R-017-2012; R-025-2015,ss.2,3(1),(2); R-031-2015; R-025-2017; R-013-2018,ss.2,3; R-026-2021,s.2; R-037-2022,s.3. Polar Bear Total Allowable Harvest Order, Official Consolidation of Current to: December 15, 2022 5 C.R.Nu. R-011-2005 SCHEDULE B Polar Bear Total Allowable Harvest Order, Official Consolidation of Current to: December 15, 2022 6 C.R.Nu. R-011-2005 This is an official copy published by the authority of the Territorial Printer ©2023 GOVERNMENT OF NUNAVUT