I 

111TH CONGRESS 

1ST SESSION H. R. 1672 

To reauthorize the Northwest Straits Marine Conservation Initiative Act to 

promote the protection of the resources of the Northwest Straits, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2009 

Mr. LARSEN of Washington (for himself, Mr. INSLEE, and Mr. DICKS) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northwest Straits Ma5 rine Conservation Initiative Reauthorization Act of 2009’’. 


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1 SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MA2 RINE CONSERVATION INITIATIVE ACT. 

3 The Northwest Straits Marine Conservation Initiative 

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

5 amended— 

6 (1) in section 402, by striking ‘‘(in this title re7 ferred to as the ‘Commission’)’’; and 

8 (2) by striking sections 403, 404, and 405 and 

9 inserting the following: 

10 ‘‘SEC. 403. FINDINGS. 

11 ‘‘Congress makes the following findings: 

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

13 Northwest Straits in Puget Sound in the State of 

14 Washington represent a unique resource of enor15 mous environmental and economic value to the peo16 ple of the United States. 

17 ‘‘(2) During the 20th century, the environ18 mental health of the Northwest Straits declined dra19 matically as indicated by impaired water quality, de20 clines in marine wildlife, collapse of harvestable ma21 rine species, loss of critical marine habitats, ocean 

22 acidification, and sea level rise. 

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

24 Northwest Straits have been threatened by sea level 

25 rise, ocean acidification, and other effects of climate 

26 change. 


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

2 Conservation Initiative Act (title IV of Public Law 

3 105–384) was enacted to tap the unprecedented 

4 level of citizen stewardship demonstrated in the 

5 Northwest Straits and create a mechanism to mobi6 lize public support and raise capacity for local ef7 forts to protect and restore the ecosystem of the 

8 Northwest Straits. 

9 ‘‘(5) The Northwest Straits Marine Conserva10 tion Initiative helps the National Oceanic and At11 mospheric Administration and other Federal agen12 cies with their marine missions by fostering local in13 terest in marine issues and involving diverse groups 

14 of citizens. 

15 ‘‘(6) The Northwest Straits Marine Conserva16 tion Initiative shares many of the same goals with 

17 the National Oceanic and Atmospheric Administra18 tion, including fostering citizen stewardship of ma19 rine resources, general ecosystem management, and 

20 protecting federally managed marine species. 

21 ‘‘(7) Ocean literacy and identification and re22 moval of marine debris projects are examples of on23 going partnerships between the Northwest Straits 

24 Marine Conservation Initiative and the National 

25 Oceanic and Atmospheric Administration. 


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1 ‘‘SEC. 404. DEFINITIONS. 

2 ‘‘In this title: 

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

4 means the Northwest Straits Advisory Commission 

5 established by section 402. 

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

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

8 Indian Self-Determination and Education Assistance 

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

10 ‘‘(3) NORTHWEST STRAITS.—The term ‘North11 west Straits’ means the marine waters of the Strait 

12 of Juan de Fuca and of Puget Sound from the Ca13 nadian border to the south end of Snohomish Coun14 ty. 

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

16 ‘‘(a) COMPOSITION.—The Commission shall be com17 posed of up to 14 members who shall be appointed as fol18 lows: 

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

20 the members of a marine resources committee estab21 lished under section 408 for each of the following 

22 counties of the State of Washington: 

23 ‘‘(A) San Juan County. 

24 ‘‘(B) Island County. 

25 ‘‘(C) Skagit County. 

26 ‘‘(D) Whatcom County. 


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1 ‘‘(E) Snohomish County. 

2 ‘‘(F) Clallam County. 

3 ‘‘(G) Jefferson County. 

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

5 of the Interior in trust capacity and in consultation 

6 with the Northwest Indian Fisheries Commission or 

7 the Indian tribes affected by this title collectively, as 

8 the Secretary of the Interior considers appropriate, 

9 to represent the interests of such tribes. 

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

11 the State of Washington to represent the interests of 

12 the Puget Sound Partnership. 

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

14 of the State of Washington who— 

15 ‘‘(A) are residents of the State of Wash16 ington; and 

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

18 or local government. 

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

20 shall be filled in the manner in which the original appoint21 ment was made. 

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

23 Chairperson from among its members. 


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

2 call of the Chairperson, but not less frequently than quar3 terly. 

4 ‘‘(e) LIAISON.—The Secretary of Commerce shall, 

5 acting through the Under Secretary for Oceans and At6 mosphere and in consultation with the Director of the 

7 Commission appointed under section 407(a), appoint an 

8 employee of the National Oceanic and Atmospheric Ad9 ministration— 

10 ‘‘(1) to serve as a liaison among the Commis11 sion and the Department of Commerce; and 

12 ‘‘(2) to attend meetings and other events of the 

13 Commission as a nonvoting participant. 

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

15 ‘‘(a) GOAL.—The goal of the Commission is to pro16 tect and restore the marine waters, habitats, and species 

17 of the Northwest Straits region to achieve ecosystem 

18 health and sustainable resource use by— 

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

20 driven by sound science, local priorities, community21 based decisions, and the ability to measure results; 

22 ‘‘(2) building awareness and stewardship and 

23 making recommendations to improve the health of 

24 the Northwest Straits marine resources; 


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1 ‘‘(3) maintaining and expanding diverse mem2 bership and partner organizations; 

3 ‘‘(4) expanding partnerships with governments 

4 of Indian tribes and continuing to foster respect for 

5 tribal cultures and treaties; and 

6 ‘‘(5) recognizing the importance of economic 

7 and social benefits that are dependent on marine en8 vironments and sustainable marine resources. 

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

10 following: 

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

12 for marine resources committees established under 

13 section 408. 

14 ‘‘(2) To work with such marine resources com15 mittees and appropriate entities of Federal and 

16 State governments and Indian tribes to develop pro17 grams to monitor the overall health of the marine 

18 ecosystem of the Northwest Straits. 

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

20 preventing the restoration of the health of the ma21 rine ecosystem and coastal economies of the North22 west Straits. 

23 ‘‘(4) To develop scientifically sound restoration 

24 and protection recommendations, informed by local 

25 priorities, that address such factors. 


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1 ‘‘(5) To assist in facilitating the successful im2 plementation of such recommendations by developing 

3 broad support among appropriate authorities, stake4 holder groups, and local communities. 

5 ‘‘(6) To develop and implement regional 

6 projects based on such recommendations to protect 

7 and restore the Northwest Straits ecosystem. 

8 ‘‘(7) To serve as a public forum for the discus9 sion of policies and actions of Federal, State, or 

10 local government, an Indian tribe, or the Govern11 ment of Canada with respect to the marine eco12 system of the Northwest Straits. 

13 ‘‘(8) To inform appropriate authorities and 

14 local communities about the marine ecosystem of the 

15 Northwest Straits and about issues relating to the 

16 marine ecosystem of the Northwest Straits. 

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

18 in the region of the Northwest Straits to ensure that 

19 the work of the Commission does not violate tribal 

20 treaty rights. 

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

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

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

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

25 Commission shall carry out the duties described in subVerDate Nov 24 2008 06:37 Mar 24, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1672.IH H1672

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1 section (b) in coordination and collaboration, when appro2 priate, with Federal, State, and local governments and In3 dian tribes. 

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

5 shall have no power to issue regulations. 

6 ‘‘(f) ANNUAL REPORT.— 

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

8 shall prepare, submit to the Committee on Com9 merce, Science, and Transportation of the Senate, 

10 the Committee on Energy and Commerce of the 

11 House of Representatives, and the Under Secretary 

12 for Oceans and Atmosphere, and make available to 

13 the public an annual report describing— 

14 ‘‘(A) the activities carried out by the Com15 mission during the preceding year; and 

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

17 achieving the benchmarks described in para18 graph (2). 

19 ‘‘(2) BENCHMARKS.—The benchmarks de20 scribed in this paragraph are the following: 

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

22 coastal, and nearshore habitats. 

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

24 a net gain of healthy habitat areas. 


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1 ‘‘(C) Protection and restoration of marine 

2 populations to healthy, sustainable levels. 

3 ‘‘(D) Protection of the marine water qual4 ity of the Northwest Straits region and restora5 tion of the health of marine waters. 

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

7 promotion of the use and dissemination of such 

8 data. 

9 ‘‘(F) Promotion of stewardship and under10 standing of Northwest Straits marine resources 

11 through education and outreach. 

12 ‘‘SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE 

13 MATTERS. 

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

15 and Environmental Assistance Program of the Depart16 ment of Ecology of the State of Washington may, upon 

17 the recommendation of the Commission and the Director 

18 of the Padilla Bay National Estuarine Research Reserve, 

19 appoint and terminate a Director of the Commission. The 

20 employment of the Director shall be subject to confirma21 tion by the Commission. 

22 ‘‘(b) STAFF.—The Director may hire such other per23 sonnel as may be appropriate to enable the Commission 

24 to perform its duties. Such personnel shall be hired 


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1 through the personnel system of the Department of Ecol2 ogy of the State of Washington. 

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

4 the State of Washington makes available to the Commis5 sion the administrative services of the State of Wash6 ington Department of Ecology and Padilla Bay National 

7 Estuarine Research Reserve, the Commission shall use 

8 such services for employment, procurement, grant and fis9 cal management, and support services necessary to carry 

10 out the duties of the Commission. 

11 ‘‘SEC. 408. MARINE RESOURCES COMMITTEES. 

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

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

14 section 405(a)(1) may establish a marine resources com15 mittee that— 

16 ‘‘(1) complies with the requirements of this sec17 tion; and 

18 ‘‘(2) receives from such government the mis19 sion, direction, expert assistance, and financial re20 sources necessary— 

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

22 ecosystems within its county; and 

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

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

25 ‘‘(b) MEMBERSHIP.— 


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

2 committee established pursuant to this section shall 

3 be composed of— 

4 ‘‘(A) members with relevant scientific ex5 pertise; and 

6 ‘‘(B) members that represent balanced rep7 resentation, including representation of— 

8 ‘‘(i) local governments, including plan9 ning staff from counties and cities with 

10 marine shorelines; 

11 ‘‘(ii) affected economic interests, such 

12 as ports and commercial fishers; 

13 ‘‘(iii) affected recreational interests, 

14 such as sport fishers; and 

15 ‘‘(iv) conservation and environmental 

16 interests. 

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

18 county referred to in subparagraph (A) through (G) 

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

20 and accustomed fishing rights in the waters of such 

21 county and each Indian tribe with reservation lands 

22 in such county, may appoint one member to the ma23 rine resources committee for such county. Such 

24 member may be appointed by the respective tribal 

25 authority. 


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1 ‘‘(3) CHAIRPERSON.— 

2 ‘‘(A) IN GENERAL.—Each marine re3 sources committee established pursuant to this 

4 section shall select a chairperson from among 

5 members by a majority vote of the members of 

6 the committee. 

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

8 resources committee established pursuant to 

9 this section shall select a new chairperson at a 

10 frequency determined by the county charter of 

11 the marine resources committee to create a di12 versity of representation in the leadership of the 

13 marine resources committee. 

14 ‘‘(c) DUTIES.—The duties of a marine resources com15 mittee established pursuant to this section are the fol16 lowing: 

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

18 problems in concert with governmental agencies, 

19 tribes, and other entities. 

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

21 needs, and strategies associated with the recovery of 

22 Puget Sound salmon and other species in the region 

23 of the Northwest Straits listed under the Endan24 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 


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1 in coordination with Federal, State, and local gov2 ernments, Indian tribes, and other entities. 

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

4 scientific baseline and monitoring program for the 

5 marine environment of the Northwest Straits. 

6 ‘‘(4) To identify local priorities for marine re7 source conservation and develop new projects to ad8 dress those needs. 

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

10 implement local marine conservation and restoration 

11 initiatives. 

12 ‘‘(6) To coordinate with the Commission on ma13 rine ecosystem objectives. 

14 ‘‘(7) To educate the public and key constitu15 encies regarding the relationship between healthy 

16 marine habitats, harvestable resources, and human 

17 activities. 

18 ‘‘SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION 

19 FOUNDATION. 

20 ‘‘(a) ESTABLISHMENT.—The Director of the Com21 mission and the Director of the Padilla Bay National Es22 tuarine Research Reserve may enter into an agreement 

23 with an organization described in section 501(c)(3) of the 

24 Internal Revenue Code of 1986 to establish a nonprofit 

25 foundation to support the Commission and the marine reVerDate Nov 24 2008 06:37 Mar 24, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1672.IH H1672

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1 sources committees established under section 408 in car2 rying out their duties under this Act. 

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

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

5 Marine Conservation Foundation’. 

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

7 Marine Conservation Foundation may, if eligible, apply 

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

9 States, local governments, regional agencies, interstate 

10 agencies, corporations, foundations, or other persons to 

11 assist the Commission and the marine resources commit12 tees in carrying out their duties under this Act. 

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

14 Marine Conservation Foundation may transfer funds to 

15 the Commission or the marine resources committees to as16 sist them in carrying out their duties under this Act.’’. 

Æ 


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