‘‘(2) During the 20th century, the environmental 
health of the Northwest Straits declined dramatically 
as indicated by impaired water quality, declines in 
marine wildlife, collapse of harvestable marine spe-
cies, loss of critical marine habitats, ocean acidifica-
tion, and sea level rise. 
‘‘(3) At the start of the 21st century, the North-
west Straits have been threatened by sea level rise, 
ocean acidification, and other effects of climate 
change. 
‘‘(4) In 1998, the Northwest Straits Marine Con-
servation Initiative Act (title IV of Public Law 105– 
384) was enacted to tap the unprecedented level of cit-
izen stewardship demonstrated in the Northwest 
Straits and create a mechanism to mobilize public 
support and raise capacity for local efforts to protect 
and restore the ecosystem of the Northwest Straits. 
‘‘(5) The Northwest Straits Marine Conservation 
Initiative helps the National Oceanic and Atmos-
pheric Administration and other Federal agencies 
with their marine missions by fostering local interest 
in marine issues and involving diverse groups of citi-
zens. 
‘‘(6) The Northwest Straits Marine Conservation 
Initiative shares many of the same goals with the Na-
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tional Oceanic and Atmospheric Administration, in-
cluding fostering citizen stewardship of marine re-
sources, general ecosystem management, and pro-
tecting 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 Ma-
rine Conservation Initiative and the National Oce-
anic and Atmospheric Administration. 
‘‘SEC. 404. DEFINITIONS. 
‘‘In this title: 
‘‘(1) 
COMMISSION.—The 
term 
‘Commission’ 
means the Northwest Straits Advisory Commission es-
tablished by section 402. 
‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has 
the meaning given that term in section 4 of the In-
dian 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 Cana-
dian border to the south end of Snohomish County. 
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‘‘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-
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— 
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‘‘(A) are residents of the State of Wash-
ington; and 
‘‘(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 appointment 
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 Commerce, 
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 At-
mospheric Administration— 
‘‘(A) to serve as a liaison between the Com-
mission 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 protect 
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 environ-
ments 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 sec-
tion 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 marine 
ecosystem and coastal economies of the Northwest 
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 and implement regional projects 
based on such recommendations to protect and restore 
the Northwest 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 North-
west 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 Commission 
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 Com-
mission shall carry out the duties described in subsection 
(b) in coordination and collaboration, when appropriate, 
with Federal, State, and local governments and Indian 
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 Commerce, 
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Science, and Transportation of the Senate, the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives, and the Under Secretary for Oceans and 
Atmosphere, and make available to the public an an-
nual 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 paragraph 
(2). 
‘‘(2) BENCHMARKS.—The benchmarks described 
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 quality 
of the Northwest Straits region and restoration 
of the health of marine waters. 
‘‘(E) Collection of high-quality data and 
promotion of the use and dissemination of such 
data. 
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‘‘(F) Promotion of stewardship and under-
standing of Northwest Straits marine resources 
through education and outreach. 
‘‘SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE 
MATTERS. 
‘‘(a) DIRECTOR.—The Manager of the Shorelands and 
Environmental Assistance Program of the Department of 
Ecology of the State of Washington may, upon the rec-
ommendation of the Commission and the Director of the 
Padilla Bay National Estuarine Research Reserve, appoint 
and terminate a Director of the Commission. The employ-
ment of the Director shall be subject to confirmation 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 Ecology of the 
State of Washington. 
‘‘(c) ADMINISTRATIVE SERVICES.—If the Governor of 
the State of Washington makes available to the Commission 
the administrative services of the State of Washington De-
partment of Ecology, the Commission shall use such services 
for employment, procurement, grant and fiscal manage-
ment, and support services necessary to carry out the duties 
of the Commission. 
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‘‘SEC. 408. MARINE RESOURCES COMMITTEES. 
‘‘(a) IN GENERAL.—The government of each of the 
counties referred to in subparagraphs (A) through (G) of 
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 mission, 
direction, expert assistance, and financial resources 
necessary— 
‘‘(A) to address issues affecting the marine 
ecosystems within its county; and 
‘‘(B) to work to achieve the benchmarks de-
scribed in section 406(f)(2). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—Each marine resources com-
mittee established pursuant to this section shall be 
composed of— 
‘‘(A) members with relevant scientific exper-
tise; and 
‘‘(B) members that represent balanced rep-
resentation, including representation of— 
‘‘(i) local governments, including plan-
ning staff from counties and cities with ma-
rine shorelines; 
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‘‘(ii) affected economic interests, such 
as ports and commercial fishers; 
‘‘(iii) affected recreational interests, 
such as sport fishers; and 
‘‘(iv) conservation and environmental 
interests. 
‘‘(2) TRIBAL MEMBERS.—With respect to a coun-
ty 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 marine re-
sources committee for such county. Such member may 
be appointed by the respective tribal authority. 
‘‘(3) CHAIRPERSON.— 
‘‘(A) IN GENERAL.—Each marine resources 
committee established pursuant to this section 
shall select a chairperson from among members 
by a majority vote of the members of the com-
mittee. 
‘‘(B) ROTATING
POSITION.—Each marine 
resources committee established pursuant to this 
section shall select a new chairperson at a fre-
quency determined by the county charter of the 
marine resources committee to create a diversity 
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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 following: 
‘‘(1) To assist in assessing marine resource prob-
lems 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 Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) in co-
ordination with Federal, State, and local govern-
ments, 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 constituencies 
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 Commis-
sion and the Director of the State of Washington Depart-
ment of Ecology, or his or her designee, may enter into an 
agreement with an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 to establish 
a nonprofit foundation to support the Commission 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 Ma-
rine 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 as-
sist the Commission and the marine resources committees 
in carrying out their duties under this Act. 
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‘‘(d) TRANSFER OF FUNDS.—The Northwest Straits 
Marine Conservation Foundation may transfer funds to the 
Commission or the marine resources committees to assist 
them in carrying out their duties under this Act.’’. 
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Union Calendar No. 206 
111TH CONGRESS 
1ST SESSION 
H. R. 1672 
[Report No. 111–354] 
A BILL 
To reauthorize the Northwest Straits Marine Con-
servation Initiative Act to promote the protection 
of the resources of the Northwest Straits, and for 
other purposes. 
DECEMBER 7, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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