FROM THE PRESIDENT OF THE UNITED STATES pollution contributes to the degradation of coral reefs and commercial fisheries, negatively affects regional economies, ... \HR\OC\TD001.XXX

$Page 1: FROM THE PRESIDENT OF THE UNITED STATES pollution contributes to the degradation of coral reefs and commercial fisheries, negatively affects regional economies, ... \HR\OC\TD001.XXX$
U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON :

1

59–118

SENATE " ! 110TH CONGRESS 1st Session

TREATY DOC.

2007

110–1

LAND-BASED SOURCES PROTOCOL TO CARTAGENA CONVENTION

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES TRANSMITTING

PROTOCOL CONCERNING POLLUTION FROM LAND-BASED SOURCES AND ACTIVITIES (THE ‘‘PROTOCOL’’) TO THE CONVEN-TION FOR THE PROTECTION AND DEVELOPMENT OF THE MA-RINE ENVIRONMENT OF THE WIDER CARIBBEAN REGION, WITH ANNEXES, DONE AT ORANJESTAD, ARUBA, ON OCTOBER 6, 1999, AND SIGNED BY THE UNITED STATES ON THAT SAME DATE

FEBRUARY 16, 2007.—The Protocol was read the first time, and together with the accompanying papers, referred to the Committee on Foreign Relations and order to be printed for the use of the Senate

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LETTER OF TRANSMITTAL

THE WHITE HOUSE, February 15, 2007. To the Senate of the United States:

I transmit herewith, for the advice and consent of the Senate to ratification, the Protocol Concerning Pollution from Land-Based Sources and Activities (the ‘‘Protocol’’) to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, with Annexes, done at Oranjestad, Aruba, on October 6, 1999, and signed by the United States on that same date. The report of the Secretary of State is enclosed for the infor-mation of the Senate.

The Convention for the Protection and Development of the Ma-rine Environment of the Wider Caribbean Region (the ‘‘Cartagena Convention’’) is a regional framework agreement negotiated under the auspices of the Regional Seas Program of the United Nations Environment Program (UNEP). It sets out general legal obligations to protect the marine environment of the Gulf of Mexico, Straits of Florida, Caribbean Sea, and immediately adjacent areas of the At-lantic Ocean—collectively known as the Wider Caribbean Region. The United States became a Party to the Cartagena Convention in 1984. The Cartagena Convention envisions the development of pro-tocols to further elaborate certain of its general obligations and to facilitate its effective implementation.

Negotiated with the active participation and leadership of the United States, the Protocol addresses one of the most serious sources of marine pollution in the Wider Caribbean Region. It is es-timated that 70 to 90 percent of pollution entering the marine envi-ronment emanates from land-based sources and activities. Among the principal land-based sources of marine pollution in the Carib-bean are domestic wastewater and agricultural nonpoint source runoff. Such pollution contributes to the degradation of coral reefs and commercial fisheries, negatively affects regional economies, and endangers public health, recreation, and tourism throughout the region.

The Protocol and its Annexes list priority source categories, ac-tivities, and associated contaminants that affect the Wider Carib-bean Region, and set forth factors that Parties will be required to apply in determining prevention, reduction, and control strategies to manage land-based sources of pollution. In particular, the Par-ties are required to ensure that domestic wastewater discharges meet specific effluent limitations, and to develop plans for the pre-vention and reduction of agricultural nonpoint source pollution. The Protocol is expected to raise standards for treating domestic wastewater throughout the region to levels close to those already in place in the United States.


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IV

The United States would be able to implement its obligations under the Protocol under existing statutory and regulatory author-ity.

The Protocol is the first regional agreement to establish effluent standards to protect one of our most valuable resources, the marine environment. It differs markedly from other, similar regional agreements in its conceptual approach and the specificity of its ob-ligations. As such, the Protocol is expected to set a new standard for regional agreements on this subject. Early ratification will dem-onstrate our continued commitment to global leadership and to the protection of the marine environment of the Wider Caribbean Re-gion.

I recommend that the Senate give early and favorable consider-ation to the Protocol and its Annexes, with the declaration de-scribed in the accompanying report of the Secretary of State, and give its advice and consent to ratification.

GEORGE W. BUSH.


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LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, May 17, 2005.

The PRESIDENT, The White House.

THE PRESIDENT: I have the honor to submit to you the Protocol Concerning Pollution from Land-Based Sources and Activities (the Protocol) to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, with An-nexes, done at Oranjestad, Aruba on October 6, 1999. I recommend that the Protocol be transmitted to the Senate for its advice and consent to ratification.

The Convention for the Protection and Development of the Ma-rine Environment of the Wider Caribbean Region (the Cartagena Convention) is a regional framework agreement negotiated under the auspices of the Regional Seas Program of the United Nations Environment Program (UNEP). It sets out general legal obligations to protect the marine environment of the Gulf of Mexico, Straits of Florida, Caribbean Sea, and immediately adjacent areas of the At-lantic Ocean—collectively known as the Wider Caribbean Region. The United States became a Party to the Cartagena Convention in 1984. The Convention envisages the development of protocols to further elaborate certain of its general obligations and to facilitate its effective implementation.

The Protocol was negotiated with the active participation of the United States. The United States and other Parties to the Cartagena Convention recognized that land-based sources of ma-rine pollution presented one of the greatest threats to the Wider Caribbean Region and that development of a legally binding pro-tocol was a priority.

From the U.S. perspective, the Protocol’s major attribute is its framework for the development of source-specific controls on land- based sources of marine pollution. Two specific, mandatory annexes were negotiated with, and will enter into force at the same time as, the Protocol. Of particular importance is Annex III, which estab-lishes quantitative and measurable effluent standards for domestic wastewater discharges in the Region. Implementation of Annex III would result in significant progress toward addressing a major source of pollution in the Wider Caribbean Region. As more coun-tries in the Region take actions to protect the marine environment, benefits will accrue to the health of people and ecosystems in the Gulf of Mexico, Straits of Florida, and the Caribbean. Those waters are interconnected across the region through circulation patterns and shared biological resources. It will also result in benefits to


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local economies, commercial and recreational fisheries, tourism, and biodiversity throughout the region.

U.S. waters adjacent to the following U.S. states and territories fall within the geographic scope of the Protocol: Texas, Louisiana, Mississippi, Alabama, Florida, the Commonwealth of Puerto Rico, and the Territory of the U.S. Virgin Islands. Officials in these states and territories were consulted throughout the negotiating process and following conclusion of the Protocol in 2000.

The United States would be able to implement its obligations under the Protocol under existing statutory and regulatory author-ity.

All concerned agencies in the Executive Branch support ratifica-tion of the Protocol.

An article-by-article analysis of the treaty is attached. The United States would make the declaration provided for in Articles XVII and XVIII regarding the approval of new annexes.

The Protocol will enter into force on the thirtieth day after the deposit of the ninth instrument of ratification, acceptance or acces-sion.

I recommend, therefore, that the Protocol Concerning Pollution from Land-Based Sources and Activities to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region be transmitted to the Senate as soon as possible for its advice and consent to ratification.

Respectfully submitted. CONDOLEEZZA RICE.

Attachment: as mentioned.


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Documents

FROM THE PRESIDENT OF THE UNITED STATES pollution contributes to the degradation of coral reefs and commercial fisheries, negatively affects regional economies, ... \HR\OC\TD001.XXX