4.

(b)

proposed changes of policy, regulations or practices which may significantly affect transboundary air pollution.

Scientific Information, Research and Development

In order to improve understanding of their common problem and to increase their capability for controlling transboundary air pollution both Governments shall:

(a) exchange information generated in research programs being undertaken in both countries on the atmospheric aspects of the transport of air pollutants and on their effects on aquatic and terrestrial ecosystems and on human health and property;

(b)

(c)

maintain and further develop a coordinated program for monitoring and evaluation of the impacts of transboundary air pollution, including the maintenance of a United States/Canada sampling network and exchange of data on current and projected emissions of major air pollutants; and

continue to exchange information on research to develop improved technologies for reducing emissions of major air pollutants of concern. The Memorandum of Intent will become effective on signature and will remain in effect until revised by mutual agreement.

DONE in duplicate at Washington, this fifth day of August, 1980, in the English and French languages, both texts being equally authoritative.

WORK GROUP STRUCTURE FOR NEGOTIATION OF

A TRANSBOUNDARY AIR POLLUTION AGREEMENT

To establish technical and scientific work groups to assist in preparations for and the conduct of negotiations on a bilateral transboundary air pollution agreement. These groups shall include:

II. TERMS OF REFERENCE

1.

A. General

The Work Groups shall function under the general direction and policy guidance of a United States/Canada Coordinating Committee co-chaired by the Department of External Affairs and the Department of State.

2. The Work Groups shall provide reports assembling and analyzing information and identifying measures as outlined in Part B below, which will provide the basis of proposals for inclusion in a transboundary air pollution agreement. These reports shall be provided by January 1982 and shall be based on available information.

3.

Within one month of the establishment of the Work Groups, they shall submit to the United States/Canada Coordinating Committee a work plan to accomplish the specific tasks outlined in Part B, below. Additionally, each Work Group shall submit an interim report by January 15, 1981.

4. During the course of negotiations and under the general direction and policy guidance of the Coordinating Committee, the Work Groups shall assist the Coordinating Committee as required.

5. Nothing in the foregoing shall preclude subsequent alteration of the tasks of the Work Groups or the establishment of additional Work Groups as may be agreed upon by the Governments.

The Group will provide information on the current and projected impact of air pollutants on sensitive receptor areas, and prepare proposals for the "Research, Modelling and Monitoring" element of an agreement.

2.

In carrying out this work, the Group will:

identify and assess physical and biological consequences possibly related to transboundary air pollution;

determine the present status of physical and biological indicators which characterize the ecological stability of each sensitive area identified;

review available data bases to establish more accurately historic adverse environmental impacts;

determine the current adverse environmental impact within identified sensitive areas-annual, seasonal and episodic;

determine the release of residues potentially related to transboundary air pollution, including possible episodic release from snowpack melt in sensitive areas;

assess the years remaining before significant ecological changes are sustained within identified sensitive

areas;

propose reductions in the air pollutant deposition rates-annual, seasonal and episodic—which would be necessary to protect identified sensitive areas; and

prepare proposals for the "Research, Modelling and Monitoring" element of an agreement.

Atmospheric Modelling Work Group

The Group will provide information based on cooperative atmospheric modelling activities leading to an understanding of the transport of air pollutants between source regions and sensitive areas, and prepare proposals for the "Research, Modelling and Monitoring" element of an agreement. As a first priority the Group will by October 1, 1980 provide initial guidance on suitable atmospheric transport models to be used in preliminary assessment activities.

3A.

In carrying out its work, the Group will:

identify source regions and applicable emission data bases;

evaluate and select atmospheric transport models and data bases to be used;

relate emissions from the source regions to loadings in each identified sensitive area;

calculate emission reductions required from source regions to achieve proposed reductions in air pollutant concentration and deposition rates which would be necessary in order to protect sensitive areas;

assess historic trends of emissions, ambient concentrations and atmospheric deposition trends to gain further insights into source receptor relationships for air quality, including deposition; and

prepare proposals for the "Research, Modelling and Monitoring" element of an agreement.

Strategies Development and Implementation Work Group

The Group will identify, assess and propose options for the "Control" element of an agreement. Subject to the overall direction of the Coordinating Committee, it will be responsible also for coordination of the activities of Work Groups I and II. It will have one subgroup.

3B.

In carrying out its work, the Group will:

prepare various strategy packages for the Coordinating Committee designed to achieve proposed emission reductions;

coordinate with other Work Groups to increase the effectiveness of these packages;

identify monitoring requirements for the implementation of any tentatively agreed-upon emissionreduction strategy for each country;

propose additional means to further coordinate the air quality programs of the two countries; and

prepare proposals relating to the actions each Government would need to take to implement the various strategy options.

Emissions, Costs and Engineering Assessment Subgroup

This Subgroup will provide support to the development of the “Control” element of an agreement. It will also prepare proposals for the "Applied Research and Development" element of an agreement.

In carrying out its work, the Subgroup will:

identify control technologies, which are available presently or in the near future, and their associated costs;

review available data bases in order to establish improved historical emission trends for defined source regions;

determine current emission rates from defined source regions;

project future emission rates from defined source regions for most probable economic growth and pollution control conditions;

project future emission rates resulting from the implementation of proposed strategy packages, and associated costs of implementing the proposed strategy packages; and

prepare proposals for the "Applied Research and Development" element of an agreement.

develop the legal elements of an agreement such as notification and consultation, equal access, non-discrimination, liability and compensation;

propose institutional arrangements needed to give effect to an agreement and monitor its implementation; and

review proposals of the Work Groups and refine language of draft provisions of an agreement.

Agreement Between the Government of the United States of America and the Government of Canada on the Conservation of the Porcupine Caribou Herd, Ottawa, 1987

Done at Ottawa 17 July 1987

Entered into force 17 July 1987

Primary source citation: TIAS 11259

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA ON THE CONSERVATION OF THE PORCUPINE CARIBOU HERD

The Government of the United States of America and the Government of Canada, hereinafter called the "Parties":

Recognizing that the Porcupine Caribou Herd regularly migrates across the international boundary between Canada and the United States of America and that caribou in their large free-roaming herds comprise a unique and irreplaceable natural resource of great value which each generation should maintain and make use of so as to conserve them for future generations;

Acknowledging that there are various human uses of caribou and that for generations certain people of Yukon Territory and the Northwest Territories in Canada have customarily and traditionally harvested Porcupine Caribou to meet their nutritional, cultural and other essential needs and will continue to do so in the future, and that certain rural residents of the State of Alaska in the United States of America have harvested Porcupine Caribou for customary and traditional uses and will continue to do so in the future; and that these people should participate in the conservation of the Porcupine Caribou Herd and its habitat;

Recognizing the importance of conserving the habitat of the Porcupine Caribou Herd, including such areas as calving, post-calving, migration, wintering and insect relief habitat;

Understanding that the conservation of the Porcupine Caribou Herd and its habitat requires goodwill among landowners, wildlife managers, users of the caribou and other users of the area;

Recognizing that the Porcupine Caribou Herd should be conserved according to ecological principles and that actions for the conservation of the Porcupine Caribou Herd that result in the long-term detriment of other indigenous species of wild fauna and flora should be avoided;

Recognizing that the Parties wish to establish co-operative bilateral mechanisms to co-ordinate their activities for the long-term conservation of the Porcupine Caribou Herd and its habitat;