Approved November 30, 2007

MINUTES

INTERNATIONAL JOINT COMMISSION
EXECUTIVE MEETING
Ottawa, Ontario
October 16, 2007

The International Joint Commission met in Executive Session at the Canadian Section office in Ottawa, Ontario on October 16, 2007 and with its Boards and Task Forces, Governments and invited presenters, on October 17, 18 and 19, 2007, with Herb Gray in the chair.

1. APPROVAL OF THE AGENDA

   The Commission approved the agenda

2. APPOINTMENTS

   The Commission approved the appointment of Dr. Brian Grantham as a member of the Canadian Section of the Council of Great Lakes Research Managers for a three-year term effective October 30, 2007 to November 1, 2010.

3. IJC APPLICATIONS AND REFERENCES

   Commissioners further discussed the revised Table of IJC Applications and References to put on the IJC website and, subject to edits by legal advisers and confirmation by Secretaries, and confirmed their approval of:

   1. the Table with an additional column on the status of Dockets; and
      
   2. reviewing the Table no less frequently than annually.
   
   
4. 2009 GREAT LAKES WATER QUALITY AGREEMENT BIENNIAL MEETING

   Commissioners discussed plans for the next Biennial meeting and agreed that staff should hold a one-day workshop in Windsor to address key issues and explore options for Commissioners to discuss at the December Executive meeting.

5. IJC 14^th BIENNIAL REPORT - PART A: SUMMARY REPORT ON LaMPs

   The Commission reviewed a draft of the Report and agreed that staff should:

   1. put the document in final form for public release;
      
   2. raise the nature of the report with governments at the session on Friday;
      
   3. provide a draft to governments in advance for their review and comment;
      
   4. ask the Commission's Health Professionals Task Force and Great Lakes Science Advisory Board to comment on the draft report; and
      
   5. prepare a communications plan for the release.
      
   
   
6. NEARSHORE EXPERT CONSULTATION WORKSHOP

   Commissioners received an update on plans for the Workshop to be held November 19 -20, 2007 in Dearborn, Michigan, and agreed that the Commission's 2007- 2009 priorities should be more closely linked with the discussions and that there should be a Report produced summarizing the Workshop.

7. ACCOUNTABILITY WORKSHOP

   The Commission discussed and approved the talking points suggested by staff for the Friday session with governments and requested further talking points on the matter of the governments' Review of the Great Lakes Water Quality Agreement which Commissioners agreed should be raised as well.

8. GLOW V REQUEST

   Commissioners discussed the implications of the Global Environment Federation proposal and invitation to participate in the Great Lakes of the World V (GLOW V) conference, approved the staff proposal including Commission participation (one staff and no Commissioners to attend the conference) and asked Secretaries to provide information on the Commission's strategic involvement in international conferences and meetings.

9. AIR QUALITY - CRITICAL ISSUES REPORT

   Commissioners approved:

   1. the draft report of the International Air Quality Advisory Board and the proposed release strategy, including sending the Report to governments with a transmittal letter enclosing this report, as well as the Report summarizing comments on the governments' Air Quality Report ("Synthesis Report") and releasing same to the media;
      
   2. translating both reports in this instance and releasing them together;
      
   3. staff adjusting release strategies to consider the implications of releasing both documents together; and
      
   4. writing to the International Air Quality Advisory Board thanking them for their excellent report.
   
   
10. LAKE ONTARIO - ST. LAWRENCE RIVER STUDY

    Commissioners continued their review of the Lake Ontario - St. Lawrence River Orders of Approval. They received a debrief on the meetings/workshops held and planned as part of continuing consultations with governments, as well as a meeting with Peter Boehm of Foreign Affairs Canada scheduled for October 19 and an introductory meeting with Roberta Jacobsen of the U.S. Department of State scheduled for October 24, and agreed that staff should summarize the results of the consultation process with governments for Commissioners.

11. REQUESTS TO UPPER GREAT LAKES STUDY BOARD AND LAKE SUPERIOR BOARD OF CONTROL

    The Commission considered responses from the two Boards to the IJC letter dated September 14, 2007 regarding low water concerns in the Great Lakes and:

    1. agreed that the work of the International Upper Lakes Study Board regarding issues in the St. Clair River could be expedited and that staff should work with the Study Board to draft an appropriate press release on this matter and to clarify budget issues; and
       
    2. approved the recommendation of the International Lake Superior Board of Control that no action be taken at this time to change outflows from Lake Superior from those determined by the regulation plan.
    
    
12. INTERNATIONAL WATERSHED INITIATIVE (IWI)

    Staff provided an overview of the activities suggested for the IWI and Commissioners agreed that:

    1. staff should provide talking points for Commissioners to use at various meetings to promote the Initiative; and
       
    2. the suggested IWI Workshop (proposed for February 2008) might be a launching pad for the next progress report to governments, perhaps sometime in the January to March 2009 timeframe.
    
    
13. LAKE OF THE WOODS

    Commissioners noted the legal advisers' memo outlying options on how the Commission might bring Lake of the Woods water quality issues under IJC jurisdiction and their recommendation that this be handled by a new Reference from governments to the Commission under the Boundary Waters Treaty, and agreed to raise the matter at the Friday session with governments and to send another letter to governments on this matter.

14. ST. MARY - MILK RIVERS

    Commissioners received an oral update on consultations with Alberta and Montana from Commissioners Blaney and Olson and approved a draft letter to the Premier of Alberta and the Governor of Montana.

15. FLATHEAD

    Commisioners received an oral update from staff on recent media coverage and developments regarding coal mining plans in the Flathead basin and agreed to ask governments for a status report at their meeting on Friday.

16. OTHER BUSINESS

    Summary of IJC Great Lakes Water Quality Agreement Priorities
    Commissioners approved in principle a draft Summary of the 2007-2009 Great Lakes Water Quality Agreement Priorities, subject to edits by the three IJC offices, as well as a strategic release through a Great Lakes Information Network (GLIN) announcement and an IJC media release.

17. Synthesis of Comments on 2006 Air Quality Progress Report
    Commissioners approved the draft IJC Report synthesizing public comment on the governments' Progress Report subject to any edits as required to take into account releasing this report with the Critical Issues Report of the IJC's International Air Quality Advisory Board (see item 9).

18. 15^th Biennial Report

    Commissioners:

    1. confirmed their desire to plan for assessment capability in the 15^th Biennial Report and agreed that the Secretaries and the Great Lakes Regional Office Director should establish a small working group to explore how this might be accomplished; and
       
    2. agreed to raise this issue with the Commission's Great Lakes Water Quality Agreement Boards at the Thursday Roundtable.
    
    

19. Rainy Lake/Namakan Lake Rule Curve
    Commissioners approved the draft terms of reference and proposed membership for a 2000 Rule Curve Assessment Workgroup that will explore sustained monitoring in support of a review of the impacts of the 2000 Rainy and Namakan Lake Rule Curve Changes by 2015, as envisioned in the Commission's 2000 Order.

20. Namakan River
    On Friday, October 19, Commissioners approved making public their October 12, 2007 letter alerting governments to public concerns about proposed hydro generating station development by Ojibway Power and Energy Group on the Namakan River.

Decisions made during discussion/appearances of Boards/Task Force/Council reporting on Wednesday, October 17 and Thursday, October 18.

NOTE: Commissioners agreed that, subject to any final edits by staff and Boards, all submitted Board Reports could be released to the public and posted on the IJC website.

21. INTERNATIONAL UPPER GREAT LAKES STUDY BOARD

    With respect to independent/external peer review, Commissioners supported the World Bank model and agreed that staff should work to implement a peer review process as soon as possible.

22. Commissioners noted that the Study Board would produce a revised Progress Report with the most recent data and information for issuance to the public within the next two weeks.

23. Commissioners agreed that staff should work with the Study Board as it finalizes its Strategic Framework and Work Plan document and to raise with governments at the Friday meeting the need to designate three gauging sites under the International Gauging Station designation.

24. INTERNATIONAL LAKE SUPERIOR BOARD OF CONTROL

    Commissioners approved the Board's recommendation to lower the threshold in the lower St. Marys River under which hydropower ponding operations are allowed, noting the analysis undertaken by the Board including consideration of navigation and other impacts and independent assessment by a fisheries biologist.

25. INTERNATIONAL ST. LAWRENCE RIVER BOARD OF CONTROL

    Commissioners approved reappointments to the Board of all members whose terms expire in February 2008 and agreed that staff should draft appropriate appointment language to implement this decision.