MANAGING GEOGRAPHIC SCOPE. AUTHORITY Gulf of Maine Council on the Marine Environment

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1 -United States Transboundary Water Governance : Maine, New Hampshire, Vermont, Nova Scotia,, Prince Edward Island and Newfoundland & Labrador These tables represent the range of -United States transboundary governance mechanisms across North America s east coast (Maine, New Hampshire, Vermont, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador) at federal, state-provincial and local levels. It is sub-categorised according to major watersheds (general, Gulf of Maine-Bay of Fundy, St Croix River, Lake Champlain and other) and is ordered by date of conception. It contains information on the form and objectives of the agreement, scope of enforcement and management, and relevant stakeholders. The mechanism type is categorised according to institution (e.g. treaty, memoranda of understanding (MOU), agreement (MOA) or cooperation (MOC), exchange of notes or other directives) or by organization (e.g. Joint Commission (IJC)).Participants refer to the organisation represented by members of the board, signatories or those otherwise mentioned within the text of the agreement or mandate. General Boundary Waters Treaty MECHANISM See General DATE CURRENTLY GEOGRAPHIC SCOPE Gulf of Maine Bay of Fundy Agreement on the Conservation of the Marine Environment of the Gulf of Maine MECHANISM Multilevel agreement DATE CURRENTLY GEOGRAPHIC SCOPE 1989 yes The coastlines of Massachusetts, New Hampshire, Maine,, and Nova Scotia Watershed includes Quebec (GMEGM, 2004) Gulf of Maine Council on the Marine Environment Environment Atlantic Division Fisheries and Oceans Environment Local Governments Agriculture, Fisheries and Aquaculture Nova Scotia Agriculture and Fisheries Environment and Labour US Army Corps of Engineers US Fish and Wildlife Service - ecosystem approach to protecting the marine environment. The parties agreed to develop a coordinated monitoring program for the Gulf of Maine region. The parties also authorized the development of additional agreements or protocols on specific issues or concerns might be raised in the future. (Pederson & Vanderzwaag, 1997) Established Gulf of Maine Council on the Marine Environment - 5-year action plans: including 1991 Gulf of Maine Action Plan - protection/restoration of habitats - reduction in contaminants - a regional forum to exchange information and engage in longterm planning (GMCME, 2004) The key on-going management mechanism of the Gulf of Maine Gulf of Maine Council on the Marine Environment - GMCME (2004) Hildebrande, L. (2003) Pederson, J. & Vanderzwaag, D. (1997) 03 May 2007 ESN 1

2 -United States Transboundary Water Governance Gulf of Maine Council on the Marine Environment Gulf of Maine Estuaries Restoration Project Multilevel participants Nongovernment partnership 1989 yes Gulf of Maine Watershed: The coastlines of Massachusetts, New Hampshire, Maine,, and Nova Scotia Watershed includes Quebec (GMEGM, 2004) 1997 yes Musquash estuary (in Bay of Fundy) Councillors National Oceanic and Atmospheric Administration State of Massachusetts Coastal Zone Management State of New Hampshire State of Maine state, provincial, and federal agencies; non-government organizations; and the private sector. (GMCME, 2004) While the federal governments are not signatory to this agreement, they are, in practice, full participants at the Council table (GMCME, 2004) (see above) state, provincial, and federal agencies; non-government organizations; and the private sector. Partnership of fisheries groups and conservationists Conservation Council of the Island Institute the Conservation Law Foundation Restore America s Estuaries (The Pew Council is the Working Group - maintain and enhances environmental quality in the Gulf of Maine to allow for sustainable resource use by existing and future generations. - organize conferences and workshops; offer grants and recognition awards; conduct environmental monitoring; provide science translation to management; raise public awareness about the Gulf; and connect people, organizations, and information. - prevent industrial development in the Gulf of Maine/Bay of Fundy region Conservation Council of (2000) 03 May 2007 ESN 2

3 -United States Transboundary Water Governance The Global Programme of Action Coalition for the Gulf of Maine (GPAC) a largely volunteer, multisectoral, binational ad-hoc committee 1997 yes Gulf of Maine Commission for Cooperation Charitable Trusts) comprised of some forty individuals representing federal and state/provincial governments, the research sector, the private sector, nongovernment organizations, communities and First Nations (GPAC 2002) - a collaborative, short-term organization dedicated entirely to the implementation of the United Nations Global Programme of Action for the Protection of the Marine Environment from Land-based Activities in this region (GPAC, 2002) - responds to obligations placed on nations by the United Nations Convention on the Law of the Sea29 and Agenda 21 of the 1992 Rio Declaration30 which came out of the UN Conference on Environment and Development. Conservation Law Foundation (2005) Global Programme of Action Coalition of the Gulf of Maine (2002) Task groups concerned with -Coastal Development - Physical Alterations to Water Flow and Salt Marshes - Resource Use - Sewage and Eutrophication - Toxics (GPAC, 2002) Northeast Regional Association of Coastal Ocean Observing Systems Multilevel 2006 yes Gulf of Maine, Scoatian Shelf University of Southern Maine Academic (Univ. S. Maine, New Hampshire, Woods Hole), Federal (NOAA, NW Fisheries Center) State, Provincial & local representatives Of primary interest to the GPAC at this time, is the potential role of the US Joint Commission, which could bring increased federal, First Nations, and community participation to governance of this shared coastal and marine resource. (GPA 2001) - developing a coordinated monitoring program for the Gulf of Maine region and Scoatian Shelf NRACOOS (2007) 03 May 2007 ESN 3

4 -United States Transboundary Water Governance St Croix River Memorandum of Understanding Regarding the St. Croix Waterway St. Croix Legislative Acts St Croix Waterway Commission New Brunswick and Maine MECHANISM Stateprovincial MOU State Provincial Legislative Acts State- Provincial Organization DATE CURRENTLY GEOGRAPHIC SCOPE 1986 yes Includes Chiputneticook Lakes (North, East Grand, Mud, Spednic and Palfrey) For map see St Croix Waterways Commission (2007) 1987 Lakes (North, East Grand, Mud, Spednic and Palfrey) Governments of and Maine, via St Croix Waterway Commission Governments of and Maine, via St Croix Waterway Commission Independent body Province of New Brunswick State of Maine Maine, 1987 Independent body Province of New Brunswick State of Maine - to plan for and facilitate delivery of a heritage management plan for the St. Croix boundary corridor - fisheries, water quality, resources management, recreation, heritage, economic development - supported by state/provincial legislation, local government and private parties - to plan for and facilitate delivery of a heritage management plan for the St. Croix boundary corridor St Croix Waterway Commission (2007) State of Maine (1987) St Croix Waterway Commission (2007) - St Croix Waterway Commission (2007) Review of the Orders of Approval St. Croix River Basin St Croix River Board IJC review 1997 no Spednik and East Grand Lakes, the seven reservoirs and seven dams in the St. Croix watershed Bilateral management/ monitoring board 2000 yes St Croix River (Maine, New Brunswick); 185km, 4230sq km.; includes Forest City, Vanceboro, Grand Falls and Milltown IJC (via St. Croix Advisory Board on Pollution Control and the St. Croix Board of Control) IJC St. Croix Advisory Board on Pollution Control and the St. Croix Board of Control St Croix River Members currently represent: Environment Oceans & Environment Environment EPA US Army Corps of - to examine the existing Orders of Approval that have been approved by the Joint Commission for various facilities in the St. Croix River System and determine if changes were warranted - for text, see < ns/html/stcroixrev.html > - combined St Croix River Board of control (1915) and Advisory Board on Pollution Control - St. Croix River (1962) - concerned with water quality, pollution and compliance with IJC Orders on the St Croix River - to assist the Commission in preventing and in resolving disputes regarding the boundary waters of the St. Croix River, to monitor the ecological health of Steering Committee Final Report (1997) Joint Commission (2004) 03 May 2007 ESN 4

5 -United States Transboundary Water Governance Engineers US Geological Survey Maine District Maine Eastern Dept of Protection Maine Atlantic Salmon Commission the St. Croix River boundary waters aquatic ecosystem, and to ensure compliance with the Commission s Orders of Approval for structures in the St. Croix River (IJC 2004) Lake Champlain Basin Memorandum of Understanding of Cooperation on the Management of Lake Champlain Water Quality Agreement MECHANISM DATE MOU 1988, 2003 Stateprovincial agreement CURRENTLY GEOGRAPHIC SCOPE yes Lake Champlain basin - Quebec Ministry of Environment - Vermont Agency of Natural Resources - New York State Conservation Province of Quebec - New York State - State of Vermont - Quebec Ministere de l'environment - Quebec representing local government, environmental, agricultural and boating interests - New York State DEC Commissioner - Adirondack Park Agency - New York State Office of Parks, Recreation and Historical Preservation - Vermont Agency of Natural Resources - Vermont DEC - Vermont Department of Fish and Wildlife - Vermont State Legislature Citizen Advisory Committees - information exchange amendment agreed to accelerate to 2009 all pollution reduction measures in their action plans so as to reduce phosphorus inputs which are the main factor behind the proliferation of blue green algae. commit to a consistent approach for phosphorus management of Lake Champlain. State of New York Executive Chamber (2003) Missisquoi Bay Task Force (2004) North American Commission For Cooperation - NACEC (2005) Mangle (2001) Lake Champlain Federal, state 1996 yes Lake Champlain Basin jointly Focus on pollution issues Lake Champlain Basin 03 May 2007 ESN 5

6 -United States Transboundary Water Governance Missisquoi Bay Phosphurus Reduction Agreement Basin Program Missisquoi Bay Task Force and local program Stateprovincial agreement Multi-level (State- Provincial, Federal )Task force (which affects Richelieu River and St Lawrence River) 2002 yes (to 2016) Missisquoi Bay watershed (northern Lake Champlain) 2004 no (2004) Missisquoi Bay watershed (northern Lake Champlain) administered by: - Quebec Ministry of Environment - US Protection Agency (New England and Region 2) - New York State Conservation - Vermont Agency of Natural Resources - New England Interstate Water Pollution Control Commission Province of Quebec State of Vermont IJC (referred by federal governments) - Ministry of Agriculture, Fisheries & Food - Agency of Wildlife and Parks - US the Interior - US Agriculture - New York Economic Development - Vermont Agency of Transport - Vermont Department of Agriculture - Vermont Agency of Community Development* private organizations, local communities, and individuals Quebec Ministry of Environment and Water Vermont Agency of Natural Resources Environment Quebec Ministry of Environment and Water US Protection Agency Region 1 Vermont Agency of Natural Resources especially of phosphorus and other toxics; nuisance species - water quality - living natural resources - recreation - implementation - economics -administrators of the Lake Champlain Management Plan, Opportunities for Action: An Evolving Plan for the Future of the Lake Champlain Basin, - as part of the Lake Champlain Basin Program - establishes a joint task-force for monitoring and reduction - evaluate the transboundary implications of the Alburg-Swanton Bridge, especially water quality issues Program (2005), Ontario Association For Impact Assessment (2004) For complete list of partners see: < ners.htm > Lake Champlain Basin Program (2005b) Joint Commission (2005b) 03 May 2007 ESN 6

7 -United States Transboundary Water Governance Other Exchange of Notes between the Government of and the United States of America providing for the Temporary Raising of the Level of Lake St. Francis during Low Water Periods Agreement relating to the establishment of a -United States committee on water quality in the St. John River and its tributary rivers and streams which cross the -United States boundary, with annex MECHANISM Federal exchange of notes constituting a treaty DATE 1941, extende d in 1942, 1943, 1944 CURRENTLY GEOGRAPHIC SCOPE yes Lake St Francis United States - federal government - provincial government - federal government state governments - agreement allowing the construction of dams to meet short-term hydroelectric demand (when levels in Lake St Francis is considered low) - sets quantitative requirements on water flow (DFAIT, 2002) Foreign Affairs and Trade (2002, 2004) Northwest Alliance for Computational Science and Engineering (2004) Agreement constituting appendix I, relating to gross reductions in inputs of phosphorus to Lakes Superior and Huron to the Great Lakes water quality agreement of 1972 Binational Program to Restore and Protect the Lake Superior Basin Federal exchange of notes Federal exchange of notes Bilateral multi-level program 1972, amende d 1984 yes St John River and tributaries 1973 Huron, Lake Superior basins United States United States 1991 yes Lake Superior Basin United States Committee includes representatives of Province of New Brunswick Province of Quebec State of Maine St. John River Planning Board N. Maine Regional Planning Commission (Canadian Secretary of State of External Affairs & US Embassy, 1972) Great Lakes Water Quality Board - federal government - provincial government of Ontario - federal government - state governments of Michigan, Wisconsin, Minnesota - establishes -United States Committee on water quality in the St. John River and its tributary rivers and streams - concerned about water quality and pollution reduction programs - affirms its continued operation as of Agreement regarding the continued preservation and enhancement of the water quality in the international section of the Saint John River - Agrees on levels of reductions in phosphorous loading to Lakes Superior and Huron. (NACSE, 2004) - updating on the Great Lakes Water Quality Agreement - established on recommendation by IJC - to protect the high quality waters of the Lake Superior Basin, to restore degraded areas therein, and to achieve zero discharge of designated persistent and bioaccumulative toxic substances from point sources in the Basin (US Protection Agency, 2004) Northwest Alliance for Computational Science and Engineering (2004) Mitchell Sharpe (1972) Northwest Alliance for Computational Science and Engineering (2004) US Protection Agency (2004) 03 May 2007 ESN 7

8 -United States Transboundary Water Governance References Conservation Council of, (2003) Musqueash Estuary: An Overview, Available: < Accessed: 26 Jan 2005, Last Modified: Sept2000 Conservation Law Foundation, (2005) Available < Accessed 26 Jan 2005 DFAIT- Foreign Affairs and Trade, (2002) Database of 's Commitments Available < Accessed: 28 Nov 2004 DFAIT (Treaty Section)- Foreign Affairs and Trade (Treaty Section) Treaty Information, Available: < >,Accessed: 28 Nov Last Modified: 10 Sept Global Programme of Action Coalition of the Gulf of Maine (2002), Global Programme of Action Coalition for the Gulf of Maine, Aavailable: < Accessed 26 Jan 2005, Modified: Jan 2002 GMCME - Gulf of Maine Council on the Marine Environment (2004) Gulf of Maine Council on The Marine Environment, Available: < 9 Jan Last Modified: Global Programme of Action for the Protection of the Marine Environment, (2001) Regional Reporting For the Intergovernmental Review of the GPA 2001 Available: < Accessed 9 Feb 2005 Hildebrande, L., (2003) The -U.S. Gulf of Maine Program: Bureaucrats Without Borders at The 2003 Georgia Strait/Puget Sound Research Conference, Joint Commission, (2005b), Missisquoi Bay Task Force, Available: < Accessed9 Feb 2005, Last Modified 10 Nov 2004 Joint Commission (2005) St Croix River Board, Available: < Accessed: 9 Jan Last Modified: 23 March Missisquoi Bay Task Force, Final Report to the Joint Commission, < > Accessed 26jjan 2005, Last Modified 20 Oct Lake Champlain Basin Program (2005), Lake Champlain Basin Program, Available: < Accessed 25 Jan 2005, Last Modified 24 Jan 2005 Lake Champlain Basin Program, (2005b) Missisquoi Bay Phosphurus Reduction Agreement, Available: < Accessed 26 Jan 2005, Mangle, W. (2001), Ecosystem Management Initiative: Lake Champlain Basin Program, Available < Accessed 26 Jan 2005 Mitchell Sharpe (Canadian Secretary Of State Of External Affairs) & Adolph Schmidt (Embassy Of The United States Of America) (1972) Agreement Relating To The Establishment Of A -United States Committee On Water Quality In The St John River And Its Tributary Rivers And Streams. With Annex, 18 Jan Last Modified: 21 Sept1972. NRACOOS (2007) Northeast Regional Association of Coastal Ocean Observing Systems. Available: Accessed: 10 April 2007 NACEC North American Commission For Cooperation, (2005), Transboundary Agreements Database, Available: < Accessed: 6 Feb NACSE - Northwest Alliance for Computational Science and Engineering, (2004) Transboundary Freshwater Dispute Database, Oregon State University, Available: < Accessed: 28 Nov 2004 NACSE - Northwest Alliance For Computational Science And Engineering, (2004), Agreement Constituting Appendix I, Relating To Gross Reductions In Inputs Of Phopshporus To Lakes Superior And Huron To The Great Lakes Water Quality Agreement Of April 15, 1972,Nnovember 21, 1973 Available: < Accessed 9 Feb 2005 Ontario Association For Impact Assessment (2004) Lake Champlain Basin Program, Available: < Accessed: 28 Nov Last Modified: 28 Nov Pederson, J. & Vanderzwaag, D. (1997) Sustaining Resources in the Gulf of Maine: Toward Regional Management Actions - Working Paper Accessed: 25 Jan Last Modified: Jan US Protection Agency (2004) Lake Superior Binational Program, Accessed: 23 Dec Last Modified: 6 Dec St Croix Waterway Commission (2007) St Croix Waterway Commission, Available: < Accessed: 9 April Last Modified: N/A. State o Maine (1987), Chapter 8: St. Croix Waterway Commission (Heading: Pl 1987, C. (New)) Available: <Janus.State.Me.Us/Legis/Statutes/38/Title38ch8.Rtf> Accessed 9 Feb 2005, State of New York Executive Chamber (2003), Governor Pataki, Governor Douglas Renew Agreement To Protect Lake Champlain, < Accessed 26 Jan 2005, Last Modified: 22 April May 2007 ESN 8

9 -United States Transboundary Water Governance Steering Committee Final Report (1997), Review of the Orders of Approval: St. Croix River Basin, Maine And, Available: < >, Accessed 6 Feb 2005, Last Modified: Nov May 2007 ESN 9