The legal measures in place for protecting Arctic wildlife are diverse and operate across international, national, and regional levels, reflecting the unique geopolitical and ecological characteristics of the Arctic.
At the international level, several conventions and agreements contribute to the protection of Arctic wildlife. The Convention on Biological Diversity (CBD) is a key instrument, with its objectives of conserving biological diversity, promoting the sustainable use of its components, and ensuring the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The CBD’s provisions apply to the Arctic and guide national conservation strategies. The Convention on the Conservation of Migratory Species of Wild Animals (CMS) is particularly relevant for many Arctic species, such as migratory birds and marine mammals, as it promotes international cooperation for their conservation throughout their ranges.
Arctic nations, including Canada, Russia, the United States (Alaska), Norway, and Denmark (Greenland), have enacted their own national legislation to protect wildlife within their respective jurisdictions. These laws vary but often include endangered species acts, marine mammal protection acts, and habitat protection legislation. For instance, the United States has the Endangered Species Act, which can list Arctic species like the polar bear and afford them legal protection. Canada has similar legislation, such as the Species at Risk Act. Russia has a system of protected areas and species listings that includes Arctic wildlife. Norway has specific laws for the management and protection of species in Svalbard and other Arctic territories. Denmark, through its Greenland Home Rule Government, also has regulations in place for wildlife management and conservation.
The Arctic Council, an intergovernmental forum comprising the eight Arctic states (Canada, Russia, USA, Norway, Denmark, Iceland, Sweden, Finland) and Indigenous Permanent Participants, plays a significant role in addressing Arctic environmental issues, including wildlife protection. While the Arctic Council does not have direct legislative power, it facilitates cooperation, conducts scientific assessments, and develops recommendations and action plans that can influence national policies and international agreements related to wildlife conservation.
Specific iconic Arctic species often receive targeted legal protection. Polar bears, facing threats from habitat loss due to climate change, are protected under national laws in several Arctic countries and are also the subject of specific international agreements aimed at their conservation. Various species of whales and seals are protected under national marine mammal protection acts and international conventions regulating whaling and sealing. Migratory birds that breed in the Arctic are often covered by international agreements between Arctic and non-Arctic nations that outline measures for their conservation along their flyways.
Habitat protection is crucial for Arctic wildlife, and various legal mechanisms are used to establish and manage protected areas. These include national parks, marine protected areas, wildlife refuges, and other designations aimed at safeguarding critical habitats such as breeding grounds, feeding areas, and migration routes. Examples include national parks in Alaska and Canada’s Arctic territories, as well as protected areas in the Russian Arctic and Greenland.
Addressing the impacts of climate change on Arctic wildlife is an evolving area of law and policy. While there is no single comprehensive legal framework specifically for climate change impacts in the Arctic, existing environmental laws and international agreements are being applied and adapted to address these challenges. This includes efforts to reduce greenhouse gas emissions at the global level and the development of strategies to help Arctic species and ecosystems adapt to a changing climate within national and regional frameworks.
The rights and traditional uses of Indigenous peoples in the Arctic are an important consideration in wildlife management. Legal frameworks often recognize and accommodate the traditional hunting and fishing practices of Indigenous communities, balancing conservation objectives with the cultural and subsistence needs of Arctic residents. Co-management agreements between government agencies and Indigenous organizations are increasingly common in the development and implementation of wildlife management plans.
Enforcement of wildlife protection laws in the Arctic presents significant challenges due to the vastness and remoteness of the region, as well as the harsh environmental conditions. Effective monitoring and enforcement require international cooperation, technological innovation, and sufficient resources to ensure compliance with regulations.
The legal measures for protecting Arctic wildlife involve a complex web of international conventions, national legislation of Arctic states, regional cooperation through the Arctic Council, and specific protections for vulnerable species and their habitats. These frameworks aim to conserve the unique biodiversity of the Arctic in the face of various threats, including climate change and human activities, while also respecting the rights and traditional uses of Indigenous peoples.
