II 

Calendar No. 221 

111TH CONGRESS 

1ST SESSION H. R. 1672 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2009 

Received; read twice and placed on the calendar 

AN ACT 

To reauthorize the Northwest Straits Marine Conservation 

Initiative Act to promote the protection of the resources 

of the Northwest Straits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Northwest Straits Ma3 rine Conservation Initiative Reauthorization Act of 2009’’. 

4 SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MA5 RINE CONSERVATION INITIATIVE ACT. 

6 The Northwest Straits Marine Conservation Initiative 

7 Act (title IV of Public Law 105–384; 112 Stat. 3458) is 

8 amended— 

9 (1) in section 402, by striking ‘‘(in this title re10 ferred to as the ‘Commission’)’’; 

11 (2) by striking sections 403 and 404; 

12 (3) by redesignating section 405 as section 410; 

13 and 

14 (4) by inserting after section 402 the following 

15 new sections: 

16 ‘‘SEC. 403. FINDINGS. 

17 ‘‘Congress makes the following findings: 

18 ‘‘(1) The marine waters and ecosystem of the 

19 Northwest Straits in Puget Sound in the State of 

20 Washington represent a unique resource of enor21 mous environmental and economic value to the peo22 ple of the United States. 

23 ‘‘(2) During the 20th century, the environ24 mental health of the Northwest Straits declined dra25 matically as indicated by impaired water quality, de26 clines in marine wildlife, collapse of harvestable maVerDate Nov 24 2008 01:46 Dec 09, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1672.PCS H1672

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1 rine species, loss of critical marine habitats, ocean 

2 acidification, and sea level rise. 

3 ‘‘(3) At the start of the 21st century, the 

4 Northwest Straits have been threatened by sea level 

5 rise, ocean acidification, and other effects of climate 

6 change. 

7 ‘‘(4) In 1998, the Northwest Straits Marine 

8 Conservation Initiative Act (title IV of Public Law 

9 105–384) was enacted to tap the unprecedented 

10 level of citizen stewardship demonstrated in the 

11 Northwest Straits and create a mechanism to mobi12 lize public support and raise capacity for local ef13 forts to protect and restore the ecosystem of the 

14 Northwest Straits. 

15 ‘‘(5) The Northwest Straits Marine Conserva16 tion Initiative helps the National Oceanic and At17 mospheric Administration and other Federal agen18 cies with their marine missions by fostering local in19 terest in marine issues and involving diverse groups 

20 of citizens. 

21 ‘‘(6) The Northwest Straits Marine Conserva22 tion Initiative shares many of the same goals with 

23 the National Oceanic and Atmospheric Administra24 tion, including fostering citizen stewardship of maVerDate Nov 24 2008 01:46 Dec 09, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1672.PCS H1672

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1 rine resources, general ecosystem management, and 

2 protecting federally managed marine species. 

3 ‘‘(7) Ocean literacy and identification and re4 moval of marine debris projects are examples of on5 going partnerships between the Northwest Straits 

6 Marine Conservation Initiative and the National 

7 Oceanic and Atmospheric Administration. 

8 ‘‘SEC. 404. DEFINITIONS. 

9 ‘‘In this title: 

10 ‘‘(1) COMMISSION.—The term ‘Commission’ 

11 means the Northwest Straits Advisory Commission 

12 established by section 402. 

13 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

14 has the meaning given that term in section 4 of the 

15 Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 450b). 

17 ‘‘(3) NORTHWEST STRAITS.—The term ‘North18 west Straits’ means the marine waters of the Strait 

19 of Juan de Fuca and of Puget Sound from the Ca20 nadian border to the south end of Snohomish Coun21 ty. 

22 ‘‘SEC. 405. MEMBERSHIP OF THE COMMISSION. 

23 ‘‘(a) COMPOSITION.—The Commission shall be com24 posed of up to 14 members who shall be appointed as fol25 lows: 


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1 ‘‘(1) One member appointed by a consensus of 

2 the members of a marine resources committee estab3 lished under section 408 for each of the following 

4 counties of the State of Washington: 

5 ‘‘(A) San Juan County. 

6 ‘‘(B) Island County. 

7 ‘‘(C) Skagit County. 

8 ‘‘(D) Whatcom County. 

9 ‘‘(E) Snohomish County. 

10 ‘‘(F) Clallam County. 

11 ‘‘(G) Jefferson County. 

12 ‘‘(2) Two members appointed by the Secretary 

13 of the Interior in trust capacity and in consultation 

14 with the Northwest Indian Fisheries Commission or 

15 the Indian tribes affected by this title collectively, as 

16 the Secretary of the Interior considers appropriate, 

17 to represent the interests of such tribes. 

18 ‘‘(3) One member appointed by the Governor of 

19 the State of Washington to represent the interests of 

20 the Puget Sound Partnership. 

21 ‘‘(4) Four members appointed by the Governor 

22 of the State of Washington who— 

23 ‘‘(A) are residents of the State of Wash24 ington; and 


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1 ‘‘(B) are not employed by a Federal, State, 

2 or local government. 

3 ‘‘(b) VACANCIES.—A vacancy in the Commission 

4 shall be filled in the manner in which the original appoint5 ment was made. 

6 ‘‘(c) CHAIRPERSON.—The Commission shall select a 

7 Chairperson from among its members. 

8 ‘‘(d) MEETING.—The Commission shall meet at the 

9 call of the Chairperson, but not less frequently than quar10 terly. 

11 ‘‘(e) LIAISON.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Com13 merce, acting through the Under Secretary for 

14 Oceans and Atmosphere and in consultation with the 

15 Director of the Commission appointed under section 

16 407(a), shall appoint an employee of the National 

17 Oceanic and Atmospheric Administration— 

18 ‘‘(A) to serve as a liaison between the 

19 Commission and the Department of Commerce; 

20 and 

21 ‘‘(B) to attend meetings and other events 

22 of the Commission as a nonvoting participant. 

23 ‘‘(2) LIMITATION.—Service of an employee as 

24 an appointee under paragraph (1)— 


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1 ‘‘(A) shall be limited to service as a liaison 

2 and attendance of meetings and other events as 

3 a nonvoting participant; and 

4 ‘‘(B) does not obligate the employee to per5 form any duty of the Commission under section 

6 406(b). 

7 ‘‘SEC. 406. GOAL AND DUTIES OF THE COMMISSION. 

8 ‘‘(a) GOAL.—The goal of the Commission is to pro9 tect and restore the marine waters, habitats, and species 

10 of the Northwest Straits region to achieve ecosystem 

11 health and sustainable resource use by— 

12 ‘‘(1) designing and initiating projects that are 

13 driven by sound science, local priorities, community14 based decisions, and the ability to measure results; 

15 ‘‘(2) building awareness and stewardship and 

16 making recommendations to improve the health of 

17 the Northwest Straits marine resources; 

18 ‘‘(3) maintaining and expanding diverse mem19 bership and partner organizations; 

20 ‘‘(4) expanding partnerships with governments 

21 of Indian tribes affected by this title and continuing 

22 to foster respect for tribal cultures and treaties; and 

23 ‘‘(5) recognizing the importance of economic 

24 and social benefits that are dependent on marine en25 vironments and sustainable marine resources. 


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1 ‘‘(b) DUTIES.—The duties of the Commission are the 

2 following: 

3 ‘‘(1) To provide resources and technical support 

4 for marine resources committees established under 

5 section 408. 

6 ‘‘(2) To work with such marine resources com7 mittees and appropriate entities of Federal and 

8 State governments and Indian tribes affected by this 

9 title to develop programs to monitor the overall 

10 health of the marine ecosystem of the Northwest 

11 Straits. 

12 ‘‘(3) To identify factors adversely affecting or 

13 preventing the restoration of the health of the ma14 rine ecosystem and coastal economies of the North15 west Straits. 

16 ‘‘(4) To develop scientifically sound restoration 

17 and protection recommendations, informed by local 

18 priorities, that address such factors. 

19 ‘‘(5) To assist in facilitating the successful im20 plementation of such recommendations by developing 

21 broad support among appropriate authorities, stake22 holder groups, and local communities. 

23 ‘‘(6) To develop regional projects based on such 

24 recommendations to protect and restore the North25 west Straits ecosystem. 


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1 ‘‘(7) To serve as a public forum for the discus2 sion of policies and actions of Federal, State, or 

3 local government, an Indian tribe affected by this 

4 title, or the Government of Canada with respect to 

5 the marine ecosystem of the Northwest Straits. 

6 ‘‘(8) To inform appropriate authorities and 

7 local communities about the marine ecosystem of the 

8 Northwest Straits and about issues relating to the 

9 marine ecosystem of the Northwest Straits. 

10 ‘‘(9) To consult with all Indian tribes affected 

11 by this title to ensure that the work of the Commis12 sion does not violate tribal treaty rights. 

13 ‘‘(c) BENCHMARKS.—The Commission shall carry out 

14 its duties in a manner that promotes the achieving of the 

15 benchmarks described in subsection (f)(2). 

16 ‘‘(d) COORDINATION AND COLLABORATION.—The 

17 Commission shall carry out the duties described in sub18 section (b) in coordination and collaboration, when appro19 priate, with Federal, State, and local governments and In20 dian tribes affected by this title. 

21 ‘‘(e) REGULATORY AUTHORITY.—The Commission 

22 shall have no power to issue regulations. 

23 ‘‘(f) ANNUAL REPORT.— 

24 ‘‘(1) IN GENERAL.—Each year, the Commission 

25 shall prepare, submit to the Committee on ComVerDate Nov 24 2008 01:46 Dec 09, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1672.PCS H1672

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1 merce, Science, and Transportation of the Senate, 

2 the Committee on Natural Resources of the House 

3 of Representatives, and the Under Secretary for 

4 Oceans and Atmosphere, and make available to the 

5 public an annual report describing— 

6 ‘‘(A) the activities carried out by the Com7 mission during the preceding year; and 

8 ‘‘(B) the progress of the Commission in 

9 achieving the benchmarks described in para10 graph (2). 

11 ‘‘(2) BENCHMARKS.—The benchmarks de12 scribed in this paragraph are the following: 

13 ‘‘(A) Protection and restoration of marine, 

14 coastal, and nearshore habitats. 

15 ‘‘(B) Prevention of loss and achievement of 

16 a net gain of healthy habitat areas. 

17 ‘‘(C) Protection and restoration of marine 

18 populations to healthy, sustainable levels. 

19 ‘‘(D) Protection of the marine water qual20 ity of the Northwest Straits region and restora21 tion of the health of marine waters. 

22 ‘‘(E) Collection of high-quality data and 

23 promotion of the use and dissemination of such 

24 data. 


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1 ‘‘(F) Promotion of stewardship and under2 standing of Northwest Straits marine resources 

3 through education and outreach. 

4 ‘‘SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE 

5 MATTERS. 

6 ‘‘(a) DIRECTOR.—The Manager of the Shorelands 

7 and Environmental Assistance Program of the Depart8 ment of Ecology of the State of Washington may, upon 

9 the recommendation of the Commission and the Director 

10 of the Padilla Bay National Estuarine Research Reserve, 

11 appoint and terminate a Director of the Commission. The 

12 employment of the Director shall be subject to confirma13 tion by the Commission. 

14 ‘‘(b) STAFF.—The Director may hire such other per15 sonnel as may be appropriate to enable the Commission 

16 to perform its duties. Such personnel shall be hired 

17 through the personnel system of the Department of Ecol18 ogy of the State of Washington. 

19 ‘‘(c) ADMINISTRATIVE SERVICES.—If the Governor of 

20 the State of Washington makes available to the Commis21 sion the administrative services of the State of Wash22 ington Department of Ecology, the Commission shall use 

23 such services for employment, procurement, grant and fis24 cal management, and support services necessary to carry 

25 out the duties of the Commission. 


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1 ‘‘SEC. 408. MARINE RESOURCES COMMITTEES. 

2 ‘‘(a) IN GENERAL.—The government of each of the 

3 counties referred to in subparagraphs (A) through (G) of 

4 section 405(a)(1) may establish a marine resources com5 mittee that— 

6 ‘‘(1) complies with the requirements of this sec7 tion; and 

8 ‘‘(2) receives from such government the mis9 sion, direction, expert assistance, and financial re10 sources necessary— 

11 ‘‘(A) to address issues affecting the marine 

12 ecosystems within its county; and 

13 ‘‘(B) to work to achieve the benchmarks 

14 described in section 406(f)(2). 

15 ‘‘(b) MEMBERSHIP.— 

16 ‘‘(1) IN GENERAL.—Each marine resources 

17 committee established pursuant to this section shall 

18 be composed of— 

19 ‘‘(A) members with relevant scientific ex20 pertise; and 

21 ‘‘(B) members that represent balanced rep22 resentation, including representation of— 

23 ‘‘(i) local governments, including plan24 ning staff from counties and cities with 

25 marine shorelines; 


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1 ‘‘(ii) affected economic interests, such 

2 as ports and commercial fishers; 

3 ‘‘(iii) affected recreational interests, 

4 such as sport fishers; and 

5 ‘‘(iv) conservation and environmental 

6 interests. 

7 ‘‘(2) TRIBAL MEMBERS.—With respect to a 

8 county referred to in subparagraphs (A) through (G) 

9 of section 405(a)(1), each Indian tribe with usual 

10 and accustomed fishing rights in the waters of such 

11 county and each Indian tribe with reservation lands 

12 in such county, may appoint one member to the ma13 rine resources committee for such county. Such 

14 member may be appointed by the respective tribal 

15 authority. 

16 ‘‘(3) CHAIRPERSON.— 

17 ‘‘(A) IN GENERAL.—Each marine re18 sources committee established pursuant to this 

19 section shall select a chairperson from among 

20 members by a majority vote of the members of 

21 the committee. 

22 ‘‘(B) ROTATING POSITION.—Each marine 

23 resources committee established pursuant to 

24 this section shall select a new chairperson at a 

25 frequency determined by the county charter of 


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1 the marine resources committee to create a di2 versity of representation in the leadership of the 

3 marine resources committee. 

4 ‘‘(c) DUTIES.—The duties of a marine resources com5 mittee established pursuant to this section are the fol6 lowing: 

7 ‘‘(1) To assist in assessing marine resource 

8 problems in concert with governmental agencies, 

9 tribes, and other entities. 

10 ‘‘(2) To assist in identifying local implications, 

11 needs, and strategies associated with the recovery of 

12 Puget Sound salmon and other species in the region 

13 of the Northwest Straits listed under the Endan14 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

15 in coordination with Federal, State, and local gov16 ernments, Indian tribes affected by this title, and 

17 other entities. 

18 ‘‘(3) To work with other entities to enhance the 

19 scientific baseline and monitoring program for the 

20 marine environment of the Northwest Straits. 

21 ‘‘(4) To identify local priorities for marine re22 source conservation and develop new projects to ad23 dress those needs. 


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1 ‘‘(5) To work closely with county leadership to 

2 implement local marine conservation and restoration 

3 initiatives. 

4 ‘‘(6) To coordinate with the Commission on ma5 rine ecosystem objectives. 

6 ‘‘(7) To educate the public and key constitu7 encies regarding the relationship between healthy 

8 marine habitats, harvestable resources, and human 

9 activities. 

10 ‘‘SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION 

11 FOUNDATION. 

12 ‘‘(a) ESTABLISHMENT.—The Director of the Com13 mission and the Director of the State of Washington De14 partment of Ecology, or his or her designee, may enter 

15 into an agreement with an organization described in sec16 tion 501(c)(3) of the Internal Revenue Code of 1986 to 

17 establish a nonprofit foundation to support the Commis18 sion and the marine resources committees established 

19 under section 408 in carrying out their duties under this 

20 Act. 

21 ‘‘(b) DESIGNATION.—The foundation authorized by 

22 subsection (a) shall be known as the ‘Northwest Straits 

23 Marine Conservation Foundation’. 

24 ‘‘(c) RECEIPT OF GRANTS.—The Northwest Straits 

25 Marine Conservation Foundation may, if eligible, apply 


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1 for, accept, and use grants awarded by Federal agencies, 

2 States, local governments, regional agencies, interstate 

3 agencies, corporations, foundations, or other persons to 

4 assist the Commission and the marine resources commit5 tees in carrying out their duties under this Act. 

6 ‘‘(d) TRANSFER OF FUNDS.—The Northwest Straits 

7 Marine Conservation Foundation may transfer funds to 

8 the Commission or the marine resources committees to as9 sist them in carrying out their duties under this Act.’’. 

Passed the House of Representatives December 7, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 221 

111TH CONGRESS 

1ST SESSION H. R. 1672 

AN ACT 

To reauthorize the Northwest Straits Marine Conother purposes. of the resources of the Northwest Straits, and for servation Initiative Act to promote the protection 

DECEMBER 8, 2009 

Received; read twice and placed on the calendar 


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