I 

112TH CONGRESS 

1ST SESSION H. R. 1858 

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 

MAY 12, 2011 

Mr. LARSEN of Washington 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 2011’’. 


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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’)’’; 

8 (2) by striking sections 403 and 404; 

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

10 and 

11 (4) by inserting after section 402 the following 

12 new sections: 

13 ‘‘SEC. 403. FINDINGS. 

14 ‘‘Congress makes the following findings: 

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

16 Northwest Straits in Puget Sound in the State of 

17 Washington represent a unique resource of enor18 mous environmental and economic value to the peo19 ple of the United States. 

20 ‘‘(2) During the 20th century, the environ21 mental health of the Northwest Straits declined dra22 matically as indicated by impaired water quality, de23 clines in marine wildlife, collapse of harvestable ma24 rine species, loss of critical marine habitats, ocean 

25 acidification, and sea level rise. 


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

2 Northwest Straits have been threatened by sea level 

3 rise, ocean acidification, and other effects of climate 

4 change. 

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

6 Conservation Initiative Act (title IV of Public Law 

7 105–384) was enacted to tap the unprecedented 

8 level of citizen stewardship demonstrated in the 

9 Northwest Straits and create a mechanism to mobi10 lize public support and raise capacity for local ef11 forts to protect and restore the ecosystem of the 

12 Northwest Straits. 

13 ‘‘(5) The Northwest Straits Marine Conserva14 tion Initiative helps the National Oceanic and At15 mospheric Administration and other Federal agen16 cies with their marine missions by fostering local in17 terest in marine issues and involving diverse groups 

18 of citizens. 

19 ‘‘(6) The Northwest Straits Marine Conserva20 tion Initiative shares many of the same goals with 

21 the National Oceanic and Atmospheric Administra22 tion, including fostering citizen stewardship of ma23 rine resources, general ecosystem management, and 

24 protecting federally managed marine species. 


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1 ‘‘(7) Ocean literacy and identification and re2 moval of marine debris projects are examples of on3 going partnerships between the Northwest Straits 

4 Marine Conservation Initiative and the National 

5 Oceanic and Atmospheric Administration. 

6 ‘‘SEC. 404. DEFINITIONS. 

7 ‘‘In this title: 

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

9 means the Northwest Straits Advisory Commission 

10 established by section 402. 

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

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

13 Indian Self-Determination and Education Assistance 

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

15 ‘‘(3) NORTHWEST STRAITS.—The term ‘North16 west Straits’ means the marine waters of the Strait 

17 of Juan de Fuca and of Puget Sound from the Ca18 nadian border to the south end of Snohomish Coun19 ty. 

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

21 ‘‘(a) COMPOSITION.—The Commission shall be com22 posed of up to 14 members who shall be appointed as fol23 lows: 

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

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1 lished under section 408 for each of the following 

2 counties of the State of Washington: 

3 ‘‘(A) San Juan County. 

4 ‘‘(B) Island County. 

5 ‘‘(C) Skagit County. 

6 ‘‘(D) Whatcom County. 

7 ‘‘(E) Snohomish County. 

8 ‘‘(F) Clallam County. 

9 ‘‘(G) Jefferson County. 

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

11 of the Interior in trust capacity and in consultation 

12 with the Northwest Indian Fisheries Commission or 

13 the Indian tribes affected by this title collectively, as 

14 the Secretary of the Interior considers appropriate, 

15 to represent the interests of such tribes. 

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

17 the State of Washington to represent the interests of 

18 the Puget Sound Partnership. 

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

20 of the State of Washington who— 

21 ‘‘(A) are residents of the State of Wash22 ington; and 

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

24 or local government. 


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

2 shall be filled in the manner in which the original appoint3 ment was made. 

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

5 Chairperson from among its members. 

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

7 call of the Chairperson, but not less frequently than quar8 terly. 

9 ‘‘(e) LIAISON.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Com11 merce, acting through the Under Secretary for 

12 Oceans and Atmosphere and in consultation with the 

13 Director of the Commission appointed under section 

14 407(a), shall appoint an employee of the National 

15 Oceanic and Atmospheric Administration— 

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

17 Commission and the Department of Commerce; 

18 and 

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

20 of the Commission as a nonvoting participant. 

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

22 an appointee under paragraph (1)— 

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

24 and attendance of meetings and other events as 

25 a nonvoting participant; and 


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1 ‘‘(B) does not obligate the employee to per2 form any duty of the Commission under section 

3 406(b). 

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

5 ‘‘(a) GOAL.—The goal of the Commission is to pro6 tect and restore the marine waters, habitats, and species 

7 of the Northwest Straits region to achieve ecosystem 

8 health and sustainable resource use by— 

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

10 driven by sound science, local priorities, community11 based decisions, and the ability to measure results; 

12 ‘‘(2) building awareness and stewardship and 

13 making recommendations to improve the health of 

14 the Northwest Straits marine resources; 

15 ‘‘(3) maintaining and expanding diverse mem16 bership and partner organizations; 

17 ‘‘(4) expanding partnerships with governments 

18 of Indian tribes affected by this title and continuing 

19 to foster respect for tribal cultures and treaties; and 

20 ‘‘(5) recognizing the importance of economic 

21 and social benefits that are dependent on marine en22 vironments and sustainable marine resources. 

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

24 following: 


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

2 for marine resources committees established under 

3 section 408. 

4 ‘‘(2) To work with such marine resources com5 mittees and appropriate entities of Federal and 

6 State governments and Indian tribes affected by this 

7 title to develop programs to monitor the overall 

8 health of the marine ecosystem of the Northwest 

9 Straits. 

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

11 preventing the restoration of the health of the ma12 rine ecosystem and coastal economies of the North13 west Straits. 

14 ‘‘(4) To develop scientifically sound restoration 

15 and protection recommendations, informed by local 

16 priorities, that address such factors. 

17 ‘‘(5) To assist in facilitating the successful im18 plementation of such recommendations by developing 

19 broad support among appropriate authorities, stake20 holder groups, and local communities. 

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

22 recommendations to protect and restore the North23 west Straits ecosystem. 

24 ‘‘(7) To serve as a public forum for the discus25 sion of policies and actions of Federal, State, or 


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1 local government, an Indian tribe affected by this 

2 title, or the Government of Canada with respect to 

3 the marine ecosystem of the Northwest Straits. 

4 ‘‘(8) To inform appropriate authorities and 

5 local communities about the marine ecosystem of the 

6 Northwest Straits and about issues relating to the 

7 marine ecosystem of the Northwest Straits. 

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

9 by this title to ensure that the work of the Commis10 sion does not violate tribal treaty rights. 

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

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

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

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

15 Commission shall carry out the duties described in sub16 section (b) in coordination and collaboration, when appro17 priate, with Federal, State, and local governments and In18 dian tribes affected by this title. 

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

20 shall have no power to issue regulations. 

21 ‘‘(f) ANNUAL REPORT.— 

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

23 shall prepare, submit to the Committee on Com24 merce, Science, and Transportation of the Senate, 

25 the Committee on Natural Resources of the House 


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1 of Representatives, and the Under Secretary for 

2 Oceans and Atmosphere, and make available to the 

3 public an annual report describing— 

4 ‘‘(A) the activities carried out by the Com5 mission during the preceding year; and 

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

7 achieving the benchmarks described in para8 graph (2). 

9 ‘‘(2) BENCHMARKS.—The benchmarks de10 scribed in this paragraph are the following: 

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

12 coastal, and nearshore habitats. 

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

14 a net gain of healthy habitat areas. 

15 ‘‘(C) Protection and restoration of marine 

16 populations to healthy, sustainable levels. 

17 ‘‘(D) Protection of the marine water qual18 ity of the Northwest Straits region and restora19 tion of the health of marine waters. 

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

21 promotion of the use and dissemination of such 

22 data. 

23 ‘‘(F) Promotion of stewardship and under24 standing of Northwest Straits marine resources 

25 through education and outreach. 


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1 ‘‘SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE 

2 MATTERS. 

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

4 and Environmental Assistance Program of the Depart5 ment of Ecology of the State of Washington may, upon 

6 the recommendation of the Commission and the Director 

7 of the Padilla Bay National Estuarine Research Reserve, 

8 appoint and terminate a Director of the Commission. The 

9 employment of the Director shall be subject to confirma10 tion by the Commission. 

11 ‘‘(b) STAFF.—The Director may hire such other per12 sonnel as may be appropriate to enable the Commission 

13 to perform its duties. Such personnel shall be hired 

14 through the personnel system of the Department of Ecol15 ogy of the State of Washington. 

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

17 the State of Washington makes available to the Commis18 sion the administrative services of the State of Wash19 ington Department of Ecology, the Commission shall use 

20 such services for employment, procurement, grant and fis21 cal management, and support services necessary to carry 

22 out the duties of the Commission. 

23 ‘‘SEC. 408. MARINE RESOURCES COMMITTEES. 

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

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


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1 section 405(a)(1) may establish a marine resources com2 mittee that— 

3 ‘‘(1) complies with the requirements of this sec4 tion; and 

5 ‘‘(2) receives from such government the mis6 sion, direction, expert assistance, and financial re7 sources necessary— 

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

9 ecosystems within its county; and 

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

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

12 ‘‘(b) MEMBERSHIP.— 

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

14 committee established pursuant to this section shall 

15 be composed of— 

16 ‘‘(A) members with relevant scientific ex17 pertise; and 

18 ‘‘(B) members that represent balanced rep19 resentation, including representation of— 

20 ‘‘(i) local governments, including plan21 ning staff from counties and cities with 

22 marine shorelines; 

23 ‘‘(ii) affected economic interests, such 

24 as ports and commercial fishers; 


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1 ‘‘(iii) affected recreational interests, 

2 such as sport fishers; and 

3 ‘‘(iv) conservation and environmental 

4 interests. 

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

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

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

8 and accustomed fishing rights in the waters of such 

9 county and each Indian tribe with reservation lands 

10 in such county, may appoint one member to the ma11 rine resources committee for such county. Such 

12 member may be appointed by the respective tribal 

13 authority. 

14 ‘‘(3) CHAIRPERSON.— 

15 ‘‘(A) IN GENERAL.—Each marine re16 sources committee established pursuant to this 

17 section shall select a chairperson from among 

18 members by a majority vote of the members of 

19 the committee. 

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

21 resources committee established pursuant to 

22 this section shall select a new chairperson at a 

23 frequency determined by the county charter of 

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1 versity of representation in the leadership of the 

2 marine resources committee. 

3 ‘‘(c) DUTIES.—The duties of a marine resources com4 mittee established pursuant to this section are the fol5 lowing: 

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

7 problems in concert with governmental agencies, 

8 tribes, and other entities. 

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

10 needs, and strategies associated with the recovery of 

11 Puget Sound salmon and other species in the region 

12 of the Northwest Straits listed under the Endan13 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

14 in coordination with Federal, State, and local gov15 ernments, Indian tribes affected by this title, and 

16 other entities. 

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

18 scientific baseline and monitoring program for the 

19 marine environment of the Northwest Straits. 

20 ‘‘(4) To identify local priorities for marine re21 source conservation and develop new projects to ad22 dress those needs. 

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

24 implement local marine conservation and restoration 

25 initiatives. 


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1 ‘‘(6) To coordinate with the Commission on ma2 rine ecosystem objectives. 

3 ‘‘(7) To educate the public and key constitu4 encies regarding the relationship between healthy 

5 marine habitats, harvestable resources, and human 

6 activities. 

7 ‘‘SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION 

8 FOUNDATION. 

9 ‘‘(a) ESTABLISHMENT.—The Director of the Com10 mission and the Director of the State of Washington De11 partment of Ecology, or his or her designee, may enter 

12 into an agreement with an organization described in sec13 tion 501(c)(3) of the Internal Revenue Code of 1986 to 

14 establish a nonprofit foundation to support the Commis15 sion and the marine resources committees established 

16 under section 408 in carrying out their duties under this 

17 Act. 

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

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

20 Marine Conservation Foundation’. 

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

22 Marine Conservation Foundation may, if eligible, apply 

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

24 States, local governments, regional agencies, interstate 

25 agencies, corporations, foundations, or other persons to 


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1 assist the Commission and the marine resources commit2 tees in carrying out their duties under this Act. 

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

4 Marine Conservation Foundation may transfer funds to 

5 the Commission or the marine resources committees to as6 sist them in carrying out their duties under this Act.’’. 

Æ 


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