Terms of Reference for the Ad-Hoc Committee to address the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities for the Gulf of Maine
1. Introduction
1.1. What is the GPA?
In November 1995, more than 100 nations, including Canada, the United States and Mexico, joined in adopting a Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (GPA). The Programme, building on the 1985 Montreal Guidelines for the Protection of the Marine Environment against Pollution from Land-Based Sources, urges countries to develop or strengthen national, subregional and regional programmes of action to counter marine degradation from land-based activities.
The GPA reemphasizes many of the responsibilities from the 1982 Law of the Sea Convention, such as the obligation for governments to further develop regional standards for land-based pollution, and highlights the need for principled decision-making as set out in Agenda 21 and the Rio Declaration on Environment and Development. The principles of precaution, pollution prevention, public participation and integrated coastal area management are to guide national and regional efforts to protect the marine environment.
The GPA, developed under the auspices of the United Nations Environment Programme (UNEP), is designed to assist national and regional authorities in reaching the Agenda 21 goal of "sustainable seas." Approximately 80 percent of all marine degradation comes from human activities on land. Therefore, it is urgent that activities such as sewage disposal, inadequate treatment of industrial wastewater, nutrient run-off and contamination by heavy metals and persistent organic pollutants be addressed.
Regional follow-up in implementing the GPA was left largely to the discretion of the signing governments. Chapter III of the GPA, encourages the strengthening of regional and subregional arrangements. In addition, while the Global Programme of Action provides no funding mechanism for assisting regional actions, developing a funding strategy is an important part of the GPA methodology.
The Commission for Environmental Cooperation (CEC) is assisting the three North American countries in implementing the GPA by promoting cooperative partnerships which will form the basis for ongoing regional cooperation and joint actions in marine and coastal areas. Initial efforts will focus on two binational coastal regions selected by the three North American countries as pilot projects: the Bight of the Californias and the Gulf of Maine.
1.2. The GPA Methodology
The GPA is intended to provide guidance on developing a process for management actions that result in sustainable use of coastal and marine resources. Degradation of the marine environment results from human activities that use resources beyond replenishment, that dispose of wastes in areas unable to assimilate pollutants, and that alter habitats through siltation, sedimentation, removal, filling and other disturbances. These activities not only threaten resources, but in many cases may imperil human health through contaminated seafood, unsafe beaches and waters for swimming and other recreational activities.
The GPA provides a process for developing programs of action that can be used by all countries, those which are highly industrialized and those with developing economies. Although first described in Chapter II, entitled Actions at the National Level, the process is applicable to regional, national and more local areas. The GPA methodology has six steps:
1.3. The Gulf of Maine
The Gulf of Maine, located off the Northeast coast of North America, is a highly dynamic marine ecosystem that extends from Cape Sable, Nova Scotia in Canada to Cape Cod, Massachusetts in the United States. It is characterized by a diversity of habitats that provide refuge to a variety of organisms, from benthic dwelling worms and clams to marine mammals and sea birds and is best known for its cod, lobsters, scallops and other fish and shellfish.
The Gulf of Maine was chosen as the site for a pilot project because the region offers the opportunity for the implementation of workable models for binational cooperation in geographic, environmental and institutional contexts. The pilot project can assist with:
Finally, in combination with the Bight of the Californias project, the Gulf of Maine allows the CEC to have two pilot projects that touch on all three of its member countries, as well as both Pacific and Atlantic Ocean environments.
1.4. Land-Based Pollution and Physical Alterations in the Gulf of Maine
While the Gulf of Maine may be viewed as relatively clean and pristine next to more polluted bodies of water in the world, increasing pollution pressures from all source categories identified in the GPA threaten the area.
Contaminants enter the Gulf of Maine through a number of point sources, especially municipal and industrial discharge effluents and combined sewer overflows, and a wide variety of non-point sources that include, among others, riverine input, atmospheric deposition, agricultural runoff and septic system leakage. Point source impacts are often localized. Contaminants of concern include sewage effluent, coliform bacteria, metals, persistent organic pollutants (POPs), and hydrocarbons. Loading estimates of point sources indicate that urban areas still contribute significant amounts of contaminants. Estimates of non-point sources of loading are more difficult to compile because monitoring data are scarce.
Destruction and physical alteration of habitats is a major concern in the Gulf of Maine. Assaults on wetlands, coastal environments, the sea floor and river flow have negatively impacted habitats and access to habitats, as is the case for anadromous fish access to spawning grounds.
1.5. Existing Regional Initiatives Relevant to Land-Based Activities
Recognizing the considerable amount of public sector and scientific cooperation and networking in the region, the CEC’s approach to the Gulf of Maine began with a review of ongoing initiatives. The CEC considers the many initiatives currently focused on this area as the basis for improved binational coordination and cooperation to address marine degradation within the Gulf of Maine.
The Gulf of Maine has a long history of binational collaboration. In December 1989, a Gulf of Maine Agreement was signed by the premiers of two Canadian Provinces and the governors of three US states to establish a framework for regional cooperation and marine environmental protection. The agreement established a Gulf of Maine Council on the Marine Environment that has developed an Action Plan and initiated a monitoring program. The Council has also promoted outreach and educational activities.
Regional scientific research is facilitated by communication among scientists through the Regional Association for Research on the Gulf of Maine (RARGOM). Programs such as the Regional Marine Research Program (RMRP) and Globec, as well as provincial and state and federal programs, also support Gulf of Maine regional research activities.
Other efforts also exist. Non-governmental organizations from Canada and the United States are working to form a Gulf of Maine Alliance, which is intended to better integrate efforts of smaller, non-academic groups and provide a mechanism for information exchange and coordinated efforts to improve and protect the Gulf of Maine.
1.6. Regional Workshop for the Implementation of the GPA
To accomplish the pilot project objective of implementing the GPA methodology, the CEC organized a workshop in Durham, New Hampshire, United States (November 20-22, 1996). This regional workshop had two purposes: (1) to allow participants to compare the status of existing management arrangements in the Gulf of Maine region with the GPA suggested objectives and action, and (2) to make specific recommendations to the CEC for GPA implementation in the region.
Plenary speakers introduced the GPA, the Gulf of Maine Council on the Marine Environment and US and Canadian approaches to managing sewage and effluents, contaminants, and physical alteration of habitats. Two working groups were formed to apply the methodology to the region, identify gaps in knowledge, suggest objectives and strategies, assess regional arrangements and recommend future actions to the CEC. In addition, workshop participants identified various challenges remaining for GPA implementation in the Gulf of Maine region.
Working Group I followed a process of assessing the GPA as it relates to the Gulf of Maine Action Plan and identifying areas of consistency and overlap. The group examined current regional efforts at managing land-based sources of marine pollution, in order to suggest avenues for strengthening and broadening overall management objectives. The group focused on outlining six specific recommendations to augment present regional activities and encourage a management approach more consistent with the GPA. These recommendations included:
Working Group II reviewed what is known about the Gulf of Maine and the nine priority areas identified by the GPA. For example, Group II noted that de-coupling of nearshore and offshore circulation patterns suggests that pollution effects should be examined separately in each area. The group reviewed the status of sewage, persistent organic pollutants, heavy metals, oil and hydrocarbons, nutrients, marine debris and litter, sedimentation, radionuclides, and physical alteration and destruction of habitats. Group II concluded that some source categories were a "local" problem (e.g. nutrients), but not a problem throughout the Gulf of Maine, and listed habitats as the highest priority area to address. Group II also discussed a process for achieving the goals of pollution prevention, recommended regional actions, and inclusive participation of all, including scientists, non-governmental organizations and First Nations.
The Workshop concluded with a proposal to the CEC and Gulf of Maine Council and other groups to refine the working groups’ recommendations and support activities that would further implement of the Global Programme of Action in the Gulf of Maine.
1.7. The Gulf of Maine Working Paper
This paper gives more detail of the discussions and recommendations from the CEC sponsored workshop held in Durham, New Hampshire. The paper also describes the GPA methodology; provides an overview of the Gulf of Maine region (including ecosystem relationships and marine resources of importance); summarizes existing regional cooperation agreements and arrangements; compares national management approaches to controlling land-based pollution activities; assesses the status of regional management objectives and actions in light of the GPA methodology; and suggests possible CEC follow-up projects or activities to support GPA implementation in the Gulf of Maine region.
2. Creation of the Ad-Hoc Committee
The CEC is currently underwriting the establishment and operation of an "Ad-Hoc Committee" to further the suggestions from the November 1996 workshop, and to draft an action plan consistent with the goals and objectives of the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities. The structure and composition of the Ad Hoc Committee is the subject of an ongoing consultative process. First, it was determined that the Committee should be small enough to be functional, and large enough to represent the region’s key stakeholders. Second, because this is a working committee, members, through their own activities and organizations, must be actively involved in addressing the issues of land-based sources of marine degradation. Third, the Committee invitation list reflects the need for the participation of government officials and staff from all levels of government, federal, state/provincial, regional and local/municipal.
The Ad Hoc Committee will include representatives from non-governmental organizations, the academic and private sectors, and First Nations. The Committee is also being structured to provide a balance between US and Canada membership. The Ad Hoc Committee is in the formative process and notwithstanding these recommendations, it is anticipated that the Committee will expand to include new members, as required.
3. Ad-Hoc Committee Goal
The Ad-Hoc Committee will assist in the implementation of the GPA as it relates to the Gulf of Maine.
4. Responsibilities of the Ad-Hoc Committee
The Committee will examine current regional efforts at managing land-based sources of marine degradation in order to suggest avenues for strengthening and broadening overall management objectives and to assist with making current efforts more consistent with the GPA. This can and should include providing support for immediate, preventative and remedial actions using existing knowledge, resources, plans and processes. The Ad-Hoc Committee should draw on the GPA methodology to prioritize its work:
The Ad-Hoc Committee will hold at least two meetings to facilitate the development and implementation of the GPA. A third meeting will take place in 1998 to assess progress.
Three tasks will be required of the Ad-Hoc Committee:
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5. Tentative Meeting/Program Schedule for 1997
|
TASK |
ACTION |
DATE |
|
Establishment of a Regional Ad-Hoc Binational Committee |
Identify and invite partner institutions |
June-July '97 |
|
|
Convene first meeting, distribute terms of reference, and discuss the elements of a draft action plan |
30-31 July '97 |
|
|
The Ad-Hoc Committee Liaison will prepare minutes of first meeting and a draft action plan |
11 August '97 |
|
Development of an Action plan |
The Liaison will send the draft Action plan to the Ad-Hoc Committee and to the CEC’s GPA Technical Advisory Group for comments |
|
|
|
Comments due |
|
|
|
Convene Second Ad-Hoc Committee meeting: - approve action plan - define timetables and responsibilities |
29 October '97 (provisional) |
|
|
The Ad-Hoc Committee Liaison will prepare minutes of second meeting and a final action plan |
October '97 |
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|
The CEC will send the final action plan to the Ad-Hoc Committee and to the CEC’s GPA Technical Advisory Group |
November '97 |
|
First assessment of action plan |
Convene third Ad-Hoc Committee meeting: - update an assessment of the action plan |
1998 |
|
|
The Ad-Hoc Committee Liaison will prepare minutes of third meeting |
1998 |
6. Administration
6.1. The Commission for Environmental Cooperation
As noted above, the CEC’s mission is to assist the three North American countries in implementing the GPA by establishing cooperative partnerships. The partnerships will facilitate ongoing regional cooperation and joint actions in marine and coastal areas. The CEC is committed to the support of the pilot project for three years beginning in 1996. At the end of the three years, the CEC hopes to have fostered a stand-alone GPA implementation.
The CEC is an international organization whose members are Canada, Mexico and the United States. The CEC was created in 1994 under the North American Agreement for Environmental Cooperation (NAAEC) to address regional environmental concerns, help prevent potential trade and environmental conflicts and to promote the effective enforcement of environmental law. The Agreement complements the environmental provisions established in the North American Free Trade Agreement (NAFTA).
6.2. The Liaison to the Ad-Hoc Committee
Colleen Mercer Clarke has been appointed by the CEC as its liaison to the Ad-Hoc Committee. As such, she will facilitate partnerships between the CEC and relevant agencies and organizations for the implementation of the GPA in the Gulf of Maine, serve as liaison between the Commission and the Regional Ad-Hoc Committee, once it is established, and assist in the development of a Action plan. Specifically, Mrs. Clarke will undertake the following tasks:
7. Communications and Outreach
The Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities (GPA) dictates a cooperative, multi-disciplinary methodology for environmental problem solving. The complexity of this endeavor demands a comprehensive approach to communications. Elin Kelsey has been appointed by the CEC to facilitate the development of a Communications and Outreach Strategy to forward the goals of GPA pilot projects within the Bight of the Californias and the Gulf of Maine. This strategy will serve to