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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northwest Straits Ma-
rine Conservation Initiative Reauthorization Act of 2011’’. 
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SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MA-
RINE CONSERVATION INITIATIVE ACT. 
The Northwest Straits Marine Conservation Initiative 
Act (title IV of Public Law 105–384; 112 Stat. 3458) is 
amended— 
(1) in section 402, by striking ‘‘(in this title re-
ferred to as the ‘Commission’)’’; 
(2) by striking sections 403 and 404; 
(3) by redesignating section 405 as section 410; 
and 
(4) by inserting after section 402 the following 
new sections: 
‘‘SEC. 403. FINDINGS. 
‘‘Congress makes the following findings: 
‘‘(1) The marine waters and ecosystem of the 
Northwest Straits in Puget Sound in the State of 
Washington represent a unique resource of enor-
mous environmental and economic value to the peo-
ple of the United States. 
‘‘(2) During the 20th century, the environ-
mental health of the Northwest Straits declined dra-
matically as indicated by impaired water quality, de-
clines in marine wildlife, collapse of harvestable ma-
rine species, loss of critical marine habitats, ocean 
acidification, and sea level rise. 
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‘‘(3) At the start of the 21st century, the 
Northwest Straits have been threatened by sea level 
rise, ocean acidification, and other effects of climate 
change. 
‘‘(4) In 1998, the Northwest Straits Marine 
Conservation Initiative Act (title IV of Public Law 
105–384) was enacted to tap the unprecedented 
level of citizen stewardship demonstrated in the 
Northwest Straits and create a mechanism to mobi-
lize public support and raise capacity for local ef-
forts to protect and restore the ecosystem of the 
Northwest Straits. 
‘‘(5) The Northwest Straits Marine Conserva-
tion Initiative helps the National Oceanic and At-
mospheric Administration and other Federal agen-
cies with their marine missions by fostering local in-
terest in marine issues and involving diverse groups 
of citizens. 
‘‘(6) The Northwest Straits Marine Conserva-
tion Initiative shares many of the same goals with 
the National Oceanic and Atmospheric Administra-
tion, including fostering citizen stewardship of ma-
rine resources, general ecosystem management, and 
protecting federally managed marine species. 
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‘‘(7) Ocean literacy and identification and re-
moval of marine debris projects are examples of on- 
going partnerships between the Northwest Straits 
Marine Conservation Initiative and the National 
Oceanic and Atmospheric Administration. 
‘‘SEC. 404. DEFINITIONS. 
‘‘In this title: 
‘‘(1) COMMISSION.—The term ‘Commission’ 
means the Northwest Straits Advisory Commission 
established by section 402. 
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
‘‘(3) NORTHWEST STRAITS.—The term ‘North-
west Straits’ means the marine waters of the Strait 
of Juan de Fuca and of Puget Sound from the Ca-
nadian border to the south end of Snohomish Coun-
ty. 
‘‘SEC. 405. MEMBERSHIP OF THE COMMISSION. 
‘‘(a) COMPOSITION.—The Commission shall be com-
posed of up to 14 members who shall be appointed as fol-
lows: 
‘‘(1) One member appointed by a consensus of 
the members of a marine resources committee estab-
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lished under section 408 for each of the following 
counties of the State of Washington: 
‘‘(A) San Juan County. 
‘‘(B) Island County. 
‘‘(C) Skagit County. 
‘‘(D) Whatcom County. 
‘‘(E) Snohomish County. 
‘‘(F) Clallam County. 
‘‘(G) Jefferson County. 
‘‘(2) Two members appointed by the Secretary 
of the Interior in trust capacity and in consultation 
with the Northwest Indian Fisheries Commission or 
the Indian tribes affected by this title collectively, as 
the Secretary of the Interior considers appropriate, 
to represent the interests of such tribes. 
‘‘(3) One member appointed by the Governor of 
the State of Washington to represent the interests of 
the Puget Sound Partnership. 
‘‘(4) Four members appointed by the Governor 
of the State of Washington who— 
‘‘(A) are residents of the State of Wash-
ington; and 
‘‘(B) are not employed by a Federal, State, 
or local government. 
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‘‘(b) VACANCIES.—A vacancy in the Commission 
shall be filled in the manner in which the original appoint-
ment was made. 
‘‘(c) CHAIRPERSON.—The Commission shall select a 
Chairperson from among its members. 
‘‘(d) MEETING.—The Commission shall meet at the 
call of the Chairperson, but not less frequently than quar-
terly. 
‘‘(e) LIAISON.— 
‘‘(1) IN
GENERAL.—The Secretary of Com-
merce, acting through the Under Secretary for 
Oceans and Atmosphere and in consultation with the 
Director of the Commission appointed under section 
407(a), shall appoint an employee of the National 
Oceanic and Atmospheric Administration— 
‘‘(A) to serve as a liaison between the 
Commission and the Department of Commerce; 
and 
‘‘(B) to attend meetings and other events 
of the Commission as a nonvoting participant. 
‘‘(2) LIMITATION.—Service of an employee as 
an appointee under paragraph (1)— 
‘‘(A) shall be limited to service as a liaison 
and attendance of meetings and other events as 
a nonvoting participant; and 
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‘‘(B) does not obligate the employee to per-
form any duty of the Commission under section 
406(b). 
‘‘SEC. 406. GOAL AND DUTIES OF THE COMMISSION. 
‘‘(a) GOAL.—The goal of the Commission is to pro-
tect and restore the marine waters, habitats, and species 
of the Northwest Straits region to achieve ecosystem 
health and sustainable resource use by— 
‘‘(1) designing and initiating projects that are 
driven by sound science, local priorities, community- 
based decisions, and the ability to measure results; 
‘‘(2) building awareness and stewardship and 
making recommendations to improve the health of 
the Northwest Straits marine resources; 
‘‘(3) maintaining and expanding diverse mem-
bership and partner organizations; 
‘‘(4) expanding partnerships with governments 
of Indian tribes affected by this title and continuing 
to foster respect for tribal cultures and treaties; and 
‘‘(5) recognizing the importance of economic 
and social benefits that are dependent on marine en-
vironments and sustainable marine resources. 
‘‘(b) DUTIES.—The duties of the Commission are the 
following: 
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‘‘(1) To provide resources and technical support 
for marine resources committees established under 
section 408. 
‘‘(2) To work with such marine resources com-
mittees and appropriate entities of Federal and 
State governments and Indian tribes affected by this 
title to develop programs to monitor the overall 
health of the marine ecosystem of the Northwest 
Straits. 
‘‘(3) To identify factors adversely affecting or 
preventing the restoration of the health of the ma-
rine ecosystem and coastal economies of the North-
west Straits. 
‘‘(4) To develop scientifically sound restoration 
and protection recommendations, informed by local 
priorities, that address such factors. 
‘‘(5) To assist in facilitating the successful im-
plementation of such recommendations by developing 
broad support among appropriate authorities, stake-
holder groups, and local communities. 
‘‘(6) To develop regional projects based on such 
recommendations to protect and restore the North-
west Straits ecosystem. 
‘‘(7) To serve as a public forum for the discus-
sion of policies and actions of Federal, State, or 
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local government, an Indian tribe affected by this 
title, or the Government of Canada with respect to 
the marine ecosystem of the Northwest Straits. 
‘‘(8) To inform appropriate authorities and 
local communities about the marine ecosystem of the 
Northwest Straits and about issues relating to the 
marine ecosystem of the Northwest Straits. 
‘‘(9) To consult with all Indian tribes affected 
by this title to ensure that the work of the Commis-
sion does not violate tribal treaty rights. 
‘‘(c) BENCHMARKS.—The Commission shall carry out 
its duties in a manner that promotes the achieving of the 
benchmarks described in subsection (f)(2). 
‘‘(d) COORDINATION
AND
COLLABORATION.—The 
Commission shall carry out the duties described in sub-
section (b) in coordination and collaboration, when appro-
priate, with Federal, State, and local governments and In-
dian tribes affected by this title. 
‘‘(e) REGULATORY AUTHORITY.—The Commission 
shall have no power to issue regulations. 
‘‘(f) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Each year, the Commission 
shall prepare, submit to the Committee on Com-
merce, Science, and Transportation of the Senate, 
the Committee on Natural Resources of the House 
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of Representatives, and the Under Secretary for 
Oceans and Atmosphere, and make available to the 
public an annual report describing— 
‘‘(A) the activities carried out by the Com-
mission during the preceding year; and 
‘‘(B) the progress of the Commission in 
achieving the benchmarks described in para-
graph (2). 
‘‘(2) 
BENCHMARKS.—The 
benchmarks 
de-
scribed in this paragraph are the following: 
‘‘(A) Protection and restoration of marine, 
coastal, and nearshore habitats. 
‘‘(B) Prevention of loss and achievement of 
a net gain of healthy habitat areas. 
‘‘(C) Protection and restoration of marine 
populations to healthy, sustainable levels. 
‘‘(D) Protection of the marine water qual-
ity of the Northwest Straits region and restora-
tion of the health of marine waters. 
‘‘(E) Collection of high-quality data and 
promotion of the use and dissemination of such 
data. 
‘‘(F) Promotion of stewardship and under-
standing of Northwest Straits marine resources 
through education and outreach. 
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‘‘SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE 
MATTERS. 
‘‘(a) DIRECTOR.—The Manager of the Shorelands 
and Environmental Assistance Program of the Depart-
ment of Ecology of the State of Washington may, upon 
the recommendation of the Commission and the Director 
of the Padilla Bay National Estuarine Research Reserve, 
appoint and terminate a Director of the Commission. The 
employment of the Director shall be subject to confirma-
tion by the Commission. 
‘‘(b) STAFF.—The Director may hire such other per-
sonnel as may be appropriate to enable the Commission 
to perform its duties. Such personnel shall be hired 
through the personnel system of the Department of Ecol-
ogy of the State of Washington. 
‘‘(c) ADMINISTRATIVE SERVICES.—If the Governor of 
the State of Washington makes available to the Commis-
sion the administrative services of the State of Wash-
ington Department of Ecology, the Commission shall use 
such services for employment, procurement, grant and fis-
cal management, and support services necessary to carry 
out the duties of the Commission. 
‘‘SEC. 408. MARINE RESOURCES COMMITTEES. 
‘‘(a) IN GENERAL.—The government of each of the 
counties referred to in subparagraphs (A) through (G) of 
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section 405(a)(1) may establish a marine resources com-
mittee that— 
‘‘(1) complies with the requirements of this sec-
tion; and 
‘‘(2) receives from such government the mis-
sion, direction, expert assistance, and financial re-
sources necessary— 
‘‘(A) to address issues affecting the marine 
ecosystems within its county; and 
‘‘(B) to work to achieve the benchmarks 
described in section 406(f)(2). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN
GENERAL.—Each marine resources 
committee established pursuant to this section shall 
be composed of— 
‘‘(A) members with relevant scientific ex-
pertise; and 
‘‘(B) members that represent balanced rep-
resentation, including representation of— 
‘‘(i) local governments, including plan-
ning staff from counties and cities with 
marine shorelines; 
‘‘(ii) affected economic interests, such 
as ports and commercial fishers; 
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‘‘(iii) affected recreational interests, 
such as sport fishers; and 
‘‘(iv) conservation and environmental 
interests. 
‘‘(2) TRIBAL
MEMBERS.—With respect to a 
county referred to in subparagraphs (A) through (G) 
of section 405(a)(1), each Indian tribe with usual 
and accustomed fishing rights in the waters of such 
county and each Indian tribe with reservation lands 
in such county, may appoint one member to the ma-
rine resources committee for such county. Such 
member may be appointed by the respective tribal 
authority. 
‘‘(3) CHAIRPERSON.— 
‘‘(A) IN
GENERAL.—Each marine re-
sources committee established pursuant to this 
section shall select a chairperson from among 
members by a majority vote of the members of 
the committee. 
‘‘(B) ROTATING POSITION.—Each marine 
resources committee established pursuant to 
this section shall select a new chairperson at a 
frequency determined by the county charter of 
the marine resources committee to create a di-
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versity of representation in the leadership of the 
marine resources committee. 
‘‘(c) DUTIES.—The duties of a marine resources com-
mittee established pursuant to this section are the fol-
lowing: 
‘‘(1) To assist in assessing marine resource 
problems in concert with governmental agencies, 
tribes, and other entities. 
‘‘(2) To assist in identifying local implications, 
needs, and strategies associated with the recovery of 
Puget Sound salmon and other species in the region 
of the Northwest Straits listed under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
in coordination with Federal, State, and local gov-
ernments, Indian tribes affected by this title, and 
other entities. 
‘‘(3) To work with other entities to enhance the 
scientific baseline and monitoring program for the 
marine environment of the Northwest Straits. 
‘‘(4) To identify local priorities for marine re-
source conservation and develop new projects to ad-
dress those needs. 
‘‘(5) To work closely with county leadership to 
implement local marine conservation and restoration 
initiatives. 
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‘‘(6) To coordinate with the Commission on ma-
rine ecosystem objectives. 
‘‘(7) To educate the public and key constitu-
encies regarding the relationship between healthy 
marine habitats, harvestable resources, and human 
activities. 
‘‘SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION 
FOUNDATION. 
‘‘(a) ESTABLISHMENT.—The Director of the Com-
mission and the Director of the State of Washington De-
partment of Ecology, or his or her designee, may enter 
into an agreement with an organization described in sec-
tion 501(c)(3) of the Internal Revenue Code of 1986 to 
establish a nonprofit foundation to support the Commis-
sion and the marine resources committees established 
under section 408 in carrying out their duties under this 
Act. 
‘‘(b) DESIGNATION.—The foundation authorized by 
subsection (a) shall be known as the ‘Northwest Straits 
Marine Conservation Foundation’. 
‘‘(c) RECEIPT OF GRANTS.—The Northwest Straits 
Marine Conservation Foundation may, if eligible, apply 
for, accept, and use grants awarded by Federal agencies, 
States, local governments, regional agencies, interstate 
agencies, corporations, foundations, or other persons to 
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assist the Commission and the marine resources commit-
tees in carrying out their duties under this Act. 
‘‘(d) TRANSFER OF FUNDS.—The Northwest Straits 
Marine Conservation Foundation may transfer funds to 
the Commission or the marine resources committees to as-
sist them in carrying out their duties under this Act.’’. 
Æ 
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