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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Northwest Straits Ma-
rine Conservation Initiative Reauthorization Act of 2009’’. 
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-
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rine species, loss of critical marine habitats, ocean 
acidification, and sea level rise. 
‘‘(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-
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rine resources, general ecosystem management, and 
protecting federally managed marine species. 
‘‘(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: 
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‘‘(1) One member appointed by a consensus of 
the members of a marine resources committee estab-
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 
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‘‘(B) are not employed by a Federal, State, 
or local government. 
‘‘(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)— 
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‘‘(A) shall be limited to service as a liaison 
and attendance of meetings and other events as 
a nonvoting participant; and 
‘‘(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. 
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‘‘(b) DUTIES.—The duties of the Commission are the 
following: 
‘‘(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. 
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‘‘(7) To serve as a public forum for the discus-
sion of policies and actions of Federal, State, or 
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-
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