Approved December 2, 2004

MINUTES
INTERNATIONAL JOINT COMMISSION
EXECUTIVE MEETING
Ottawa, Ontario
October 19, 2004

The International Joint Commission met in executive session at the Canadian Section office in Ottawa, Ontario on October 19, 2004 with Chair Herb Gray in the chair.

APPROVAL OF THE AGENDA

1. Commissioners approved the items covered below as the agenda with the addition of Lakewide Management Plans (LaMPs) discussed on the October 13 conference call.

MINUTES

2. Commissioners approved the Minutes of their September 8, 2004 conference call.

BRING-FORWARD SYSTEM

3. Commissioners agreed to defer consideration of this item to a future conference call pending review of the relevant background documents provided.

GREAT LAKES REGIONAL OFFICE (GLRO) DIRECTOR'S REPORT

4. Commissioners discussed several items in the report and agreed that early consultations with lead Commissioners and Secretaries, and with legal advisers when necessary, should occur for decisions with possible significant financial or legal considerations, such as partnerships to leverage funds outside of the IJC with outside organizations.

2005 BIENNIAL MEETING ON GREAT LAKES WATER QUALITY

5. Commissioners discussed plans for the 2005 Biennial Meeting in Kingston and approved changing the theme to "Make Big Plans" and furthermore agreed that staff should:
   
   
   1. explore a well-chaired panel to examine the role of the IJC within the GLWQA, possibly then expanding on the topic in a break-out session,
      
      
   2. include information on boat tours in the registration packages rather than including such a tour as part of the program,
      
      
   3. contact the city of Kingston to explore holding a reception at City Hall on the evening of Thursday June 15,
      
      
   4. restructure the break-out session on Alien Invasive Species (AIS) to allow for input on various AIS efforts,
      
      
   5. examine sponsorship of, or paying for, box lunches during the Lake Ontario - St. Lawrence Study session so as to promote increased attendance,
      
      
   6. invite Bill Carr (Ontario Ministry of Natural Resources) to sing both national anthems, and
      
      
   7. redraft the letters of invitation in light of the Commissioners' guidance.

GREAT LAKES WATER QUALITY AGREEMENT (GLWQA) REVIEW

6. Commissioners received an update on the Agreement Review Scoping Committee (ARSC) activities and discussed the format and timing of IJC advice on the GLWQA Review and agreed the:
   
   
   1. IJC should provide its own advice to governments and could transmit Boards' advice as well.
      
      
   2. proposal to contract for scholarly papers should be put on hold pending funding clarification.

IJC SPILLS REPORT

7. Commissioners discussed options for an IJC Report on spills in the Great Lakes Connecting Channels as noted in the 12th Biennial Report and approved:
   
   
   1. issuing a draft letter to Ontario Premier McGuinty,
      
      
   2. issuing letters to the federal governments noting the binational aspects of the issue and requesting governments' cooperation in obtaining the relevant data and information (and transmitting the McGuinty letter to the Department of Foreign Affairs), and
      
      
   3. entering into one small, focused contract to help obtain missing information.

IJC REPORT ON AIS WITH THE GREAT LAKES FISHERY COMMISSION (GLFC)

8. Commissioners discussed updating the 1990 IJC/GLFC report and agreed:
   
   
   1. this proposal had been overtaken by events such that the joint IJC/GLFC document issued at the September international AIS conference in Ennis, Ireland represents the proposed update,
      
      
   2. to emphasize the need for an IJC Reference on AIS at the semiannual meeting with governments on October 22,
      
      
   3. to inform governments of the Commission's availability to support the Great Lakes Regional Collaboration, and continued availability to support the Canadian National Invasive Species Plan, with a view to encouraging a more binational approach, and
      
      
   4. staff should propose options for an AIS workshop at the 2005 Biennial Meeting.

ANNEX 2001

9. Commissioners considered staff views on the Annex 2001 documents released by the Council of Great Lakes Governors (CGLG) and agreed that staff should:
   
   
   1. obtain a copy of the recent comments from the U.S. Department of State,
      
      
   2. consider all other comments submitted as well as any revisions by the CGLG to the current draft documents,
      
      
   3. attend the CGLG's November 15 Working Group meeting as observers to the process, and
      
      
   4. prepare a joint document for Commissioners' consideration.

LAKEWIDE MANAGEMENT PLANS (LaMPs)

10. Commissioners reconsidered their decision for staff to provide a summary overview of the LaMP updates submitted by governments based on the executive summaries and agreed that staff need not provide this summary.

WATERSHED BOARDS REFERENCE

11. Commissioners discussed the annotated outline for the draft IJC Second Report to governments and agreed:
    
    
    1. the draft outline provides a good basis for the report,
       
       
    2. the report should press the governments for financial support, and
       
       
    3. staff should provide a joint draft text for review by Commissioners at the December Executive meeting.

MISSISQUOI BAY REFERENCE

12. Commissioners noted that the Missisquoi Bay Task Force planned to submit its final report at its appearance on October 20 and agreed:
    
    
    1. to release the Task Force Report and post it on the IJC website as soon as both the english and french versions were available,
       
       
    2. to discuss dates for Public Hearings with the Task Force at that time and that the public should have 30 days' notice after release of the Task Force report.
       
       
    3. to send the proposed draft letter to governments, to be signed by the Chairs and subject to the edits discussed, updating governments on IJC actions to date under the Reference.

INFRASTRUCTURE SECURITY

13. Commissioners noted responses from Applicants, IJC Boards and governments and agreed:
    
    
    1. staff should verify if there are any missing responses,
       
       
    2. staff should proceed to revise and finalize the summary table in the IJC's 1998 Report, verify individual entries with the appropriate applicant, and send to governments with a cover update letter report,
       
       
    3. governments should be consulted on any security issues before posting the update letter report on the IJC website, and
       
       
    4. the update letter report should be produced inexpensively with cerlox binding.

ST. MARY-MILK RIVERS

14. Commissioners considered the written submissions, including the recent submission by the government of Canada, and what they had heard at their July public meetings in the basin, as well as options to address the request from the State of Montana to review the IJC's St. Mary-Milk 1921 Order under Article VI of the Boundary Waters Treaty and agreed to discuss the matter further with the Field Representatives during an in-camera meeting on October 20.

OTHER BUSINESS

Invitation to participate in UNESCO-IHE meeting (November 25-26 Delft)

15. Commissioners agreed that Commissioners and staff would not attend the meeting but that staff should request the relevant documents for possible review and consideration.

Health Professionals Task Force (HPTF) Mandate Extension

16. Commissioners noted that the current HPTF five-year work plan ends in November 2005 and agreed that a new work plan should be submitted for Commission consideration at the December Executive meeting.

INTERNATIONAL LAKE ONTARIO - ST. LAWRENCE RIVER STUDY BOARD

17. At the Board's appearance on October 21, Commissioners agreed to the conduct of a workshop in conjunction with its December executive meeting to explore options for institutional arrangements concerning the implementation of Orders following the study.

INTERNATIONAL NIAGARA BOARD OF CONTROL

18. At the Board's appearance on October 21, Commissioners confirmed that the January 18, 1984 Order of Approval for the Lake Erie - Niagara River ice boom, as amended, remains in effect pending Commission consideration of further information anticipated from the Board.

INTERNATIONAL RED RIVER BOARD

19. At the Board's appearance on October 21, Commissioners approved in principle the Board's advice on nutrient loading goals subject to the Board providing more precise language. (Note: the language was provided later that day, "Participating jurisdictions and water management agencies work towards reducing Red River nutrient loading to meet the interim goal of reducing nutrient loading into Lake Winnipeg by 10% over the next five years.")