(a)

(b)

(c)

(d)

(e)

Annex 4 of the Agreement is amended by:

inserting the phrase “, including any such quantities as may be contained in ballast water," between the words "substance" and "shall" in sub-paragraph 2(a);

inserting the phrase ", or probable discharge," between the words "discharge" and "of harmful substance" in sub-paragraph 2(b);

replacing the phrase "the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk as established through the Inter-Governmental Maritime Consultative Organizations (IMCO), including the following requirements:" with the phrase "the standards developed by the International Maritime Organization (IMO), including the following additional requirements:" in sub-paragraph 4(a);

replacing the existing sub-paragraph 4(d) with the following:

"carriage and storage arrangements of all hazardous polluting substances in packaged form, using as a guide the International Maritime Dangerous Goods Code."; and

inserting the phrase ", in cooperation with State and Provincial Governments" between the words "Parties" and “shall” in paragraph 5.

(a)

(b)

Article XI

Annex 5 of the Agreement is amended by:

replacing the existing sub-paragraph 2(b) with the following:

"The discharge of waste water in harmful amounts or concentrations shall be prohibited and made subject to appropriate penalties; and";

and

deleting the existing paragraph 4 and replacing it with the following:

"The parties, in cooperation with State and Provincial Governments, shall establish regulations to control the discharge of sewage from pleasure craft or other classes of vessels operating in the Great Lakes System or designated areas thereof."

(b)

(c)

❝, including, as required, studies to determine if live fish or invertebrates in ballast water discharges into the Great Lakes System constitute a threat to the System;"

adding a new sub-paragraph 1(e) as follows:

"(e)

Review of international ship safety, pollution prevention and civil liability conventions and standards developed by the International Maritime Organization to determine their applicability in the boundary waters of the Great Lakes System."

and,

replacing the phrase "this Annex” with the phrase “Annexes 4, 5, 6, 8 and 9 of this Agreement” in paragraph 2.

(b)

(a)

(b)

"Annex One (CANUSLAK) of the Canada-United States Joint Marine Contingency Plan, as amended or revised, shall be maintained in force for the Great Lakes.”; and

by replacing the phrase "to the Plan" with the word "thereto" in the last sentence of paragraph 1.

Article XIV

Annex 10 of the Agreement is amended by adding a new paragraph 6, as follows:

"In addition to the lists of hazardous polluting substances described in appendices 1 and 2 to this Annex, practices and procedures consistent with the general principles of this Agreement shall be applied to those substances categorized as marine pollutants by the International Maritime Organization."

Article XV

Annex 11 of the Agreement is amended by:

adding the following new sub-paragraph to paragraph 1:

"(e) Annex 2 Programs. To support the development of Remedial Action Plans for Areas of Concern and Lakewide Management Plans for Critical Pollutants pursuant to Annex 2";

adding the following new sub-paragraphs to paragraph 3:

"(d)

Total pollutant loadings to, storage and transformation within, and export from the Great Lakes System; "(e) The adequacy of proposed load reductions and schedules contained in Lakewide Management Plans; and

(c)

"4.

"(f)

Contributions of various exposure media to the overall human intake of toxic substances in the Great
Lakes Basic Ecosystem"; and

adding a new paragraph 4 as follows:

Development of Ecosystem Health Indicators for the Great Lakes. The Parties agree to develop ecosystem health indicators to assist in evaluating the achievement of the specific objectives for the ecosystem pursuant to Annex 1:

"(a)

"(b)

with respect to Lake Superior, lake trout and the crustacean Pontoporeia hoyi shall be used as indicators: "Lake Trout

productivity greater than 0.38 kilograms/hectare;

stable, self-producing stocks;

free from contaminants at concentrations that adversely affect the trout themselves or the quality of the harvested products.

"Pontoporeia hoyi

the abundance of the crustacean, Pontoporeia hoyi, maintained throughout the entire lake at present levels of 220-320/(metres)2 (depths less than 100 metres) and 30-160/(metres)2 (depths greater than 100 metres); and

With respect to the rest of the boundary waters of the Great Lakes System or portions thereof, and for
Lake Michigan, the indicators are to be developed."

(a)

(b)

(c)

(d)

Article XVI

Annex 12 of the Agreement is amended by:

deleting the word "man's" and replacing it with the word "human" in sub-paragraph 2(a)(i);

adding a new sub-paragraph 2(a)(iii) as follows:

“(iii)

The reduction in the generation of contaminants, particularly persistent toxic substances, either through the reduction of the total volume or quantity of waste or through the reduction of the toxicity of waste, or both, shall, wherever possible, be encouraged.";

adding new sub-paragraphs 5(i) and 5(j) as follows:

"(i)

"(j)

Development of data necessary to evaluate the loadings of critical pollutants or other polluting substances identified in the boundary waters of the Great Lakes System"; and

Further development and use of reproductive, physiological and biochemical measures in wildlife, fish and humans as health effects indicators and the establishment of a data base for storage, retrieval and interpretation of the data.";

replacing the existing paragraph 6 with the following:

"The Parties shall establish action levels to protect human health based on multimedia exposure and the interactive effects of toxic substances."; and

follows:

"8. Reporting. The Parties shall report, by December 31, 1988 and biennially thereafter, on the progress of programs and measures to reduce the generation of contaminants in accordance with the principle in sub-paragraph 2(a)(iii) above.”

Article XVII

The Agreement is amended by adding a new Annex 13 entitled "Pollution from Non-Point Sources" as

"1.

"ANNEX 13

POLLUTION FROM NON-POINT SOURCES"

Purpose. This Annex further delineates programs and measures for the abatement and reduction of non-point sources of pollution from land-use activities. These include efforts to further reduce non-point source inputs of phosphorus, sediments, toxic substances and microbiological contaminants contained in drainage from urban and rural land, including waste disposal sites, in the Great Lakes System.

“2.

Implementation. The Parties, in conjunction with State and Provincial Governments, shall:

"(a) identify land-based activities contributing to water quality problems described in Remedial Action Plans for Areas of Concern, or in Lakewide Management Plans including, but not limited to, phosphorus and Critical Pollutants; and

"(b)

"3.

develop and implement watershed management plans, consistent with the objectives and schedules for individual Remedial Action Plans or Lakewide Management Plans, on priority hydrologic units to reduce non-point source inputs. Such watershed plans shall include a description of priority areas, intergovernmental agreements, implementation schedules, and programs and other measures to fulfill the purpose of this Annex and the General and Specific Objectives of this Agreement. Such measures shall include provisions for regulation of non-point sources of pollution.

Wetlands and their Preservation. Significant wetland areas in the Great Lakes System that are threatened by urban and agricultural development and waste disposal activities should be identified, preserved and, where necessary, rehabilitated.

"4.

Surveillance, Surveys and Demonstration Projects. Programs and projects shall be implemented in order to

determine:

"(a) non-point source pollutant inputs to and outputs from rivers and shoreline areas sufficient to estimate loadings to the boundary waters of the Great Lakes System; and

"(b)

the extent of change in land-use and land management practices that significantly affect water quality for the purpose of tracking implementation of remedial measures and estimating associated changes in loadings to the Lakes.

"Demonstration projects of remedial programs on pilot urban and rural watersheds shall be encouraged to advance knowledge and enhance information and education services, including extension services, where applicable.

"5.

The Parties shall report by December 31, 1988 and biennially thereafter, to the Commission on progress in developing specific watershed management plans and implementing programs and measures to control non-point sources of pollution."

Article XVIII

The Agreement is amended by adding a new Annex 14 entitled "Contaminated Sediment" as follows:

"ANNEX 14

CONTAMINATED SEDIMENT”

"1. Objectives. The Parties shall, in cooperation with State and Provincial Governments, identify the nature and extent of sediment pollution of the Great Lakes System. Based on these findings, they shall develop methods to evaluate both the impact of polluted sediment on the Great Lakes System, and the technological capabilities of programs to remedy such pollution. Information obtained through research and studies pursuant to this Annex shall be used to guide the development of Remedial Action Plans and Lakewide Management Plans pursuant to Annex 2, but shall not be used to forestall the implementation of remedial measures already under way. Dredging for the purpose of navigation is addressed in Annex 7.

"(a) General. The Parties, in cooperation with State and Provincial Governments, shall exchange information relating to the mapping, assessment and management of contaminated sediments in the Great Lakes System. "(b) Surveillance Programs. The Parties, in cooperation with State and Provincial Governments shall: "(i) evaluate, on or before December 31, 1988 and biennially thereafter, existing methods for quantifying the transfer of contaminants and nutrients to and from bottom sediments for use in determining the impact of polluted sediment on the Great Lakes Basin Ecosystem;

“(ii) review practices in both countries regarding the classification of contaminated sediments and establish compatible criteria for the classification of sediment quality;

“(iii) develop common methods to quantify the transfer of contaminants and nutrients to and from bottom sediments. Such methods shall be used to determine the impact of polluted sediment on the Great Lakes System. As a first step, biological indicators shall be developed to determine accumulation rates in biota from polluted bottom sediments; and

"(iv) develop a standard approach and agreed procedures for the management of contaminated sediments by December 31, 1988.

"(c) Technology Programs

"(i) The Parties shall, on or before December 31, 1988 and biennially thereafter, in co-operation with State and Provincial Governments, evaluate existing technologies for the management of contaminated sediments such as isolation, capping, in-place decontamination and removal of polluted bottom sediment.

"(ii) The Parties, in cooperation with State and Provincial Governments, shall design and implement demonstration projects for the management of polluted bottom sediment at selected Areas of Concern identified pursuant to Annex 2. The design shall be based on the evaluation(s) made pursuant to subparagraph (i) above. The Parties shall meet by June 30, 1988 to jointly design a demonstration program and implementation schedule and report progress biennially thereafter.

"3.

Long-Term Measures. The Parties, in cooperation with State and Provincial Governments, shall also ensure that measures are adopted for the management of contaminated sediment respecting:

"4.

(a) the construction and the long-term maintenance of disposal facilities; and

(b) the use of contaminated sediment in the creation of land.

Reporting. The Parties shall report their progress in implementing this Annex to the Commission biennially, commencing with a report no later than December 31, 1988."