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Renegotiation of the Great Lakes Water Quality Agreement National Invasive Species Awareness Week Forum on International and Island Invasive Species Issues February 28, 2011 Presented by Kathe Glassner-Shwayder Great Lakes Commission Coordinator, Great Lakes Panel on Aquatic Nuisance Species

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Renegotiation of theGreat Lakes Water Quality Agreement

National Invasive Species Awareness WeekForum on International and Island Invasive Species Issues

February 28, 2011

Presented byKathe Glassner-ShwayderGreat Lakes Commission

Coordinator, Great Lakes Panel on Aquatic Nuisance Species

Great Lakes Water Quality Agreement

Objectives of this presentation on the Great Lakes Water Quality Agreement (GLWQA) as part of the NISAW international forum

• Provide a general overview of the binational Great Lakes Water Quality Agreement as it currently stands

• Establish how it has evolved since inception and convey identified areas of strengths and weakness

• Convey recommendations on where the Agreement needs to go to address the issue of aquatic invasive species, a priority Great Lakes issue

Great Lakes Water Quality Agreement

Why is there a need for an international agreement to govern over the Great Lakes ecosystem?

• The Great Lakes exists as a shared resource between the United States and Canada

• Both countries face similar ecological and economic issues and challenges related to these shared Great Lakes resources

• The stressors causing threats to the Great Lakes health, namely biotic and abiotic pollution, cross jurisdictional boundaries

Great Lakes Water Quality AgreementStrengths (not to be taken for granted)

• The Great Lakes Water Quality Agreement (GLWQA) established in 1972 between United States and Canadian governments to “restore and maintain the chemical, physical, and biological integrity of the waters of the Great Lakes Basin Ecosystem.”

• Through consensus based goals and objectives, the Agreement commits the U.S. and Canada to implement programs to manage nutrients and reduce toxic chemicals released by municipal, industrial, agriculture, forestry, and shipping activities

• The Agreement, has laid the foundation for Great Lakes environmental protection efforts over the last 38 years

Evolution of the Agreement

1972 1978 1983 1987

ReducePhosphorus Loading

Reduction of visible pollution

PersistentToxicSubstances

Ecosystem Approach to management

(PhosphorusSupplement)

UpdatedPhosphorusreduction targets

RemedialAction Plansfor Areas ofConcern

LakewideManagement Plans

Provisions of Current Agreement

• Binational commitments established to implement programs to:

– Reduce nutrients and toxics

– Monitor water pollution, atmospheric deposition of pollutants and biological quality

– Develop Remedial Action Plans (RAPs) to address localized degraded areas known as Areas of Concern (AOC)

– Develop management program for each of the Great Lakes (LaMPs)

– Oversight: International Joint Commission

– Periodic reporting on progress and operation/effectiveness of the Agreement

Is the Agreement Working?

• Conventional sources of water pollution are currently addressed in the Agreement, but not the threats that have emerged since 1987, such as:– Aquatic invasive species– Water quality impacts of overlapping stressors,

such as the combined effect of aquatic invasive species and warmer water (from climate change), damaging water quality and wildlife

– New wave of toxic chemicals impacting the Great Lakes food web, such as pharmaceuticals

– Changes in flows, levels and pollution distribution from increasing intense storm events and the impacts on sewer overflows and human health

Is the Agreement Working?

Strong agreement on both sides of the border that the GLWQA must include a component on aquatic invasive species to be effective! Here’s just a few reasons why…

To prevent further spread

of established species

throughout the Great

Lakes and inland waters

of the U.S. and Canada

Zebra and quagga mussels Viral Hemorrhagic Septicemia

Is the Agreement Working?

Why do we need an aquatic invasive species component?

To prevent the introduction of

new aquatic invasive species into

U.S. and Canadian waters

Northern snakehead (Channa argus)

Is the Agreement Working?

Why do we need an aquatic invasive species component?

To build capacity for

binational collaboration

in efforts to close the

door on Asian carp. If

invasion occurs into

Lake Michigan through

the Chicago Area

Waterways System, the

Asian carp could

potentially decimate the

Great Lakes ecosystem

in both U.S. and

Canadian waters Map © Milwaukee Journal Sentinel

Is the Agreement Working?

Why do we need an aquatic invasive species component?

To reach agreement between the

U.S. and Canada on a common

ballast water discharge standard

in efforts to interrupt the leading

vector of AIS introduction into the

Great Lakes

Is the Agreement Working?

Ballast Water Treatment Requirements Based on the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (International Maritime Organization (IMO))

Parameter: Living Organisms Limit

Organisms greater to or equal to 50 micrometers in minimum dimension

Less than 10 viable organisms per cubic meter

Organisms less than 50 micrometers in minimum dimension and greater than or equal to 10 micrometers in minimum dimension

Less than 10 viable organisms per milliliter

Parameter: Concentrations of

Indicator Microbe

Toxicogenic Vibrio cholerae (O1 and O139)

Less than 1 colony forming unit (cfu) per 100 milliliters or less than 1 cfu per 1 gram (wet weight) zooplankton samples

Escherichia coli Less than 250 cfu per 100 milliliters

Intestinal Enterococci Less than 100 cfu per 100 milliliters

Findings from the Binational 2006-7 Review of the Agreement

• Governance: The current Agreement needs to be replaced with a new, more action-oriented Agreement, signed by the U.S. President and Canadian Prime Minister of Canada and endorsed by the U.S. Congress & Canadian Parliament

• Execution: Engage federal, state, provincial and municipal entities as well as Tribes and First nations, that are responsible for delivering programs necessary to achieve the goals of the Agreement on a binational basis

• Structure and Content:– Although the purpose of the Agreement remains valid,

there is a need for new provisions to be incorporated to respond to emerging threats• Aquatic Invasive Species

Findings from the Binational 2006-7 Review of the Agreement

• Public Involvement needs to be strengthened and maintained on a binational level

• Scientific Capacity needs to be increased to address the complexity of threat to the Great Lakes ecosystem

• Accountability of the Agreement needs to be strengthened by:– defining achievable goals and timelines, – measures for evaluating performance, – monitoring responsibilities and the entities that are

accountable for reports

GLWQA Reegotiation Announcement

• Recognition by both the U.S. and Canada that an update to the Agreement was needed to sufficiently manage the Great Lakes ecosystem as a shared resource

• The announcement to renegotiate the Agreement was made on June 13, 2009, at a celebration commemorating the centennial of the Boundary Waters Treaty.

GLWQA Renegotiation Announcement

“In its current form, the Great Lakes Agreement does not sufficiently address the needs of our shared ecosystem.

So I’m pleased to announce that Canada and the United States have agreed to update the Great Lakes Water Quality Agreement.”

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Secretary of State Clinton & Foreign

Affairs Minister Cannon

June 13, 2009

Announcement forGLWQA Renegotiation

• Formal negotiations are being conducted between the two federal governments represented by:

Environment Canada

Foreign Affairs and

International Trade

Canada

U.S. Environmental

Protection Agency

U.S. Department of State

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Renegotiation Process

Plenary 1 – Jan 2010

Structure and Process; “Charge” Governance Leads

Plenary 2 – April 2010

“Charge” Specific Environmental Issue Leads

Plenary 3 – Spring 2011 (tentative)

Charges completed; Begin Synthesis and Drafting Team

Plenary 4 – Summer 2011 (tentative)

Agreement on Text for Formal Approvals

New Agreement – December 2011 (tentative)

GLWQA NegotiationsProgress to Date

• Binational Consultations

• Domestic Consultations

• Issues:

Governance Science Coordination

Nutrients Aquatic Invasive

Species

Toxic Substances Habitats and Species

Ship-source Pollution Climate Change Impacts

Recommendations on GLWQAGreat Lakes Panel on ANS

As Submitted to the ANSTF, October 2010• Implement a new annex that explicitly addresses the

problems of AIS and integrates existing prevention, control and management goals and objectives

• Ensure the renegotiation and annex development processes provide adequate and meaningful opportunities for stakeholder engagement

• Maximize resources and knowledge by utilizing and, if necessary, modifying existing institutional arrangements to coordinate the implementation of an AIS annex under a revised Agreement

GLWQAAquatic Invasive Species Issue

(put forth by the U.S. Negotiators)

Potential U.S. Positions Under Consideration

• Creation of a new annex with commitments to protect the Great Lakes from AIS

• Enhancement of programs to deal with organisms in trade, canals and waterways, recreation/resource users

• Risk assessment of species would help identify/prioritize prevention activities

• Research activities would be articulated

GLWQAAquatic Invasive Species Issue

(put forth by the U.S. Negotiators)

Potential U.S. Positions Under Consideration

• Establishment of a new subcommittee to oversee implementation

• Commitment to implementing ballast water discharge standards protective of the Great Lakes ecosystem

Great Lakes Water Quality Agreement

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USEPA Contact

John Haugland

([email protected])