Negotiations to Amend the Great Lakes Water Quality Agreement
- 1. Negotiations to Amend the Great Lakes Water Quality Agreement (GLWQA) BINATIONAL PUBLIC FORUM Date: September 8, 2011/ September 13, 2011 Time: 1:00 p.m.– 5:00 p.m. (EDT)/ 9:00am – 1:00pm (CDT) Location: Toronto/ Chicago
- 2. AGENDA 1. Overview of the GLWQA 2. Negotiations to amend the GLWQA 3. Stakeholder and Public Engagement 4. Directions for an Amended GLWQA 5. Perspectives and Questions 2
- 3. Overview of the Great Lakes Water Quality Agreement • Current GLWQA • Previous Updates to the GLWQA • Review of the GLWQA (2004 – 2007) 3
- 4. Current GLWQA • Guided environmental protection efforts for the last 38 years • Purpose is to “restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin Ecosystem.” • Commits Canada and the United States to implement programs to manage nutrients and reduce toxic chemicals • Establishes Areas of Concern (AoCs) and Lakewide Management Plans (LaMPs) 4
- 5. Previous Updates to the GLWQA 1972 1978 1983 1987 Reduce Persistent (Phosphorus Remedial Phosphorus Toxic Supplement) Action Plans Loading Substances for Areas of Updated Concern Reduction of Ecosystem Phosphorus reduction Lakewide visible Approach to Management pollution management targets Plans 5
- 6. Review of the GLWQA (2004 – 2007) • January 2004 ‐ Canada and the U.S. commence binational review • 2007 ‐ Governments complete a comprehensive public review of the operation and effectiveness of the current Agreement • Key Findings of the Review: – Purpose of the Agreement remains valid – Many provisions are outdated – Some pressing issues/emerging threats are not addressed – Roles of government and public are not clear – Treatment of accountability is weak 6
- 8. Negotiations to Amend the GLWQA • Review establishes solid foundation for formal negotiation process to amend the Agreement • June 13, 2009 ‐ Secretary of State Clinton & Foreign Affairs Minister Cannon announce decision to enter into negotiations 8
- 9. Negotiation Process • Phased‐approach to Negotiations • Canada/U.S. Plenary Sessions – First session held January 27th 2010 – Second session held April 8th, 2010 – Third session held June 16th and 17th, 2011 – Fourth session scheduled for October 24th and 25th, 2011 9
- 10. Stakeholder and Public Engagement • Binational Engagement: GLWQA Review • Binational Engagement: GLWQA Negotiations • Domestic Engagement: GLWQA Negotiations 10
- 11. Binational Engagement: GLWQA Review • Significant engagement process for the GLWQA review (2004‐7) – At the request of Governments, the International Joint Commission: • undertook broad public engagement • held 15 public meetings around the basin • organized web dialogue ‐ online discussion over 4 days • engaged 4,100 people • delivered synthesis report of public comments (2006) – The Parties established 9 working groups and held a special governance workshop • Over 350 Canadians and Americans representing a broad cross‐section of the Great Lakes community participated • Resulted in 2007 Agreement Review Committee Report11
- 12. Binational Engagement: GLWQA Negotiations Webinar ‐ January 14, 2010 – Governance and Negotiation process – Written Comments solicited from January 14 – February 15 Webinar Series – June 7 ‐9, 2010 – Governance, Toxics, Nutrients, Aquatic Invasive Species, Science, Climate Change, Habitats and Species, Ship Source Pollution – Written Comments solicited from May 27 – July 9 NGOs and Issue Lead Bilateral Discussions ‐ September 9‐15, 2010 – Governance, Toxics, Nutrients, Aquatic Invasive Species, Science, Climate Change, Habitats and Species Public Fora and Webinar ‐ September 8‐13, 2011 – Directions for the renewed Agreement – Written comments solicited August 25 ‐ September 20 12
- 13. Domestic Engagement: GLWQA Negotiations Canada: – Stakeholder Advisory Panel – Government of Canada Advisory Committee – Provincial Advisory Committee – Chiefs of Ontario ‐ First Nations Advisory Panel – Métis Nation of Ontario Advisory Panel United States: – U.S. Policy Committee and Public Meetings – May 2010 – Federal Consultations – State and Tribal Consultations – U.S. Policy Committee – February 2011 13
- 14. Directions for an Amended Great Lakes Water Quality Agreement • What is being retained? • What is being streamlined? • What is being improved/enhanced? • What is being added? 14
- 15. What is being retained? • Purpose of the Agreement: – “to restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin Ecosystem.” • Geographic scope of the Agreement: – Five lakes, connecting channels and international section of the St. Lawrence River • Commitment to the restoration of ecosystem health in Areas of Concern (Remedial Action Plans) • Commitment to the use of Lakewide Management Process and Plans 15
- 16. What is being streamlined? LaMP and RAP processes Definitions throughout the agreement Consolidation of annexes and references to: – Science – Ship Source Discharges – Nutrients – Toxic Substances – International Joint Commission 16
- 17. What is being improved/enhanced? Governance of the Agreement • General objectives: Drinkable, swimmable, fishable, health of system • Lake Ecosystem Objectives: Ecosystem approach to water quality, with desired endpoints for restoration and protection for each of the lakes • Specific objectives based on best available science, subject to appropriate public consultation, reporting, review and revision 17
- 18. What is being improved/enhanced? RAPs and LaMPs Remedial Action Plans (RAPs) • Area of Concern in recovery stage. • Re‐designation of individual Beneficial Use Impairments once restored Lakewide Management Plans (LaMPs) • Address all environmental stressors impacting water quality • Address issues at a lake‐scale and cumulative issues not addressed by any other issue annexes • Develop a nearshore assessment approach and management framework and implement through LaMPs • Address dredging and contaminated sediment issues through nearshore framework 18
- 19. What is being improved/enhanced? Binational Management Framework • New Executive Committee to replace the existing Binational Executive Committee: – Principal binational management forum – Meet twice annually – Similar membership as Binational Executive Committee – Annex‐specific sub‐committees would report to the new Executive Committee – Executive Committee to meet every 18 months to review state of the lakes, priority setting, and the adoption of objectives and strategies • Summit Meeting for Great Lakes Stakeholders 19
- 20. What is being improved/ enhanced? Role of Stakeholders and the Public • Explicit recognition of roles of governments and jurisdictions in the Great Lakes region • Commitment to communicate with governments and stakeholders written into the Agreement • Public involvement in creation of programs • New Executive Committee and annex subcommittees clarify roles and identify opportunities for governments’ and stakeholders’ participation 20
- 21. What is being improved/enhanced? Roles of the International Joint Commission (IJC) Strengthen and clarify the role of the IJC to: – Raise public awareness and public participation – Make recommendations to improve effectiveness in achieving objectives of the Agreement and assess progress of Parties towards the achievement of the Agreement’s General and Specific Objectives – Provide advice and recommendations on current/emerging problems – Provide advice on research/monitoring – Disseminate information – Engage the public on Great Lakes issues – Develop special reports 21
- 22. What is being improved/enhanced? Accountability Enhanced engagement and reporting across all the annexes: – Comprehensive Progress Report of the Parties every 3 years – New general and specific objectives linked to renewed ecosystem indicators – Review operation and effectiveness of Agreement following every 3rd Progress Report 22
- 23. What is being improved/enhanced? Annex on Chemical Substances Reduce risk of impairment to water quality in the Great Lakes and connecting channels and protect the Great Lakes from chemical substances: – Coordination and collaboration on research, monitoring and surveillance – Binational priorities for action – Pollution prevention and control strategies 23
- 24. What is being improved/enhanced? Annex on Nutrients Coordination of binational actions to manage phosphorus concentrations and loadings so that Cladophora, cyanobacteria and other algal species do not impair aquatic ecosystem or human health in nearshore or open waters of the Great Lakes: – Focus on phosphorus with attention to other nutrients if warranted – Updated and new concentration and loading targets – Binational phosphorus reduction strategies and domestic action plans – Binational science program – Priority watersheds concept 24
- 25. What is being improved/enhanced? Annex on Groundwater Reflect broader challenges and future impacts facing the waters of the Great Lakes related to groundwater: – Groundwater science – Priorities and action for groundwater management, protection and remediation – Coordination and communication – Attention to emerging issues 25
- 26. What is being improved/enhanced? Annex on Ship Source Discharges Protect the Great Lakes Ecosystem from ship source discharges that could affect the chemical, physical or biological integrity of the Great Lakes: – Ballast water discharge programs – Compatible goals and targets – Science‐based decision‐making – Analysis of technology or alternative solutions 26
- 27. What is being improved/enhanced? Science Annex Science as the cornerstone of the Agreement, organized through an adaptive management framework: – Monitoring and surveillance – Inclusion of specific science provisions – Cataloguing and Reporting 27
- 28. What is being added? New Annex on Aquatic Invasive Species A prevention‐based approach for aquatic invasive species informed by risk assessments, with an objective of preventing new introductions, controlling the spread of aquatic invasive species already in the Great Lakes, and ultimately eradicating new introductions of aquatic invasive species from the ecosystem: – Binational coordination of efforts – Early detection and rapid response – Education and outreach – Explore compatible regulations 28
- 29. What is being added? New Annex on Climate Change Impacts Recognize climate change impacts and the threat these impacts pose to achievement of the Agreement’s purpose and objectives: – Climate change science – Communication of information and tools to Great Lakes decision makers – Coordination of programs and strategies – Integration of climate change information with strategies to address Great Lakes issues 29
- 30. What is being added? New Annex on Habitats and Species Basin‐wide target of net habitat gain to conserve, protect, maintain, restore and enhance the resilience of native species, habitats and ecosystem functions that are of concern for the waters of the Great Lakes: – Adaptive management plans – Binational collaborative action – Restoration and protection strategies 30
- 31. What is being added? New Notification Component Coordinate the notification between Parties of planned facilities or activities that could have environmental effects on the waters of the Great Lakes: – Could include notification of: • Storage/transfer nuclear waste or radioactive material • Mining and related activities • Oil and gas pipelines, drilling, refineries • Nuclear facilities and other power plants • Hazardous waste facilities • Aquaculture operations – Notification through executive committee. 31
- 32. Perspectives and Questions? 32
- 33. THANK YOU PLEASE VISIT BINATIONAL.NET Comment period closes September 20, 2011