[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 668 Reported in Senate (RS)]
Calendar No. 185
111th CONGRESS
1st Session
S. 668
[Report No. 111-90]
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 SENATE OF THE UNITED STATES
March 23, 2009
Mrs. Murray (for herself and Ms. Cantwell) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
October 21, 2009
Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Northwest Straits Marine
Conservation Initiative Reauthorization Act of 2009''.</DELETED>
<DELETED>SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE
CONSERVATION INITIATIVE ACT.</DELETED>
<DELETED> The Northwest Straits Marine Conservation Initiative Act
(title IV of Public Law 105-384; 112 Stat. 3458) is amended--</DELETED>
<DELETED> (1) in section 402, by striking ``(in this title
referred to as the `Commission')''; and</DELETED>
<DELETED> (2) by striking sections 403, 404, and 405 and
inserting the following:</DELETED>
<DELETED>``SEC. 403. FINDINGS.</DELETED>
<DELETED> ``Congress makes the following findings:</DELETED>
<DELETED> ``(1) The marine waters and ecosystem of the
Northwest Straits in Puget Sound in the State of Washington
represent a unique resource of enormous environmental and
economic value to the people of the United States.</DELETED>
<DELETED> ``(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 species, loss of
critical marine habitats, ocean acidification, and sea level
rise.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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 mobilize public support and raise capacity for
local efforts to protect and restore the ecosystem of the
Northwest Straits.</DELETED>
<DELETED> ``(5) The Northwest Straits Marine Conservation
Initiative helps the National Oceanic and Atmospheric
Administration and other Federal agencies with their marine
missions by fostering local interest in marine issues and
involving diverse groups of citizens.</DELETED>
<DELETED> ``(6) The Northwest Straits Marine Conservation
Initiative shares many of the same goals with the National
Oceanic and Atmospheric Administration, including fostering
citizen stewardship of marine resources, general ecosystem
management, and protecting federally managed marine
species.</DELETED>
<DELETED> ``(7) Ocean literacy and identification and
removal of marine debris projects are examples of on-going
partnerships between the Northwest Straits Marine Conservation
Initiative and the National Oceanic and Atmospheric
Administration.</DELETED>
<DELETED>``SEC. 404. DEFINITIONS.</DELETED>
<DELETED> ``In this title:</DELETED>
<DELETED> ``(1) Commission.--The term `Commission' means the
Northwest Straits Advisory Commission established by section
402.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(3) Northwest straits.--The term `Northwest
Straits' means the marine waters of the Strait of Juan de Fuca
and of Puget Sound from the Canadian border to the south end of
Snohomish County.</DELETED>
<DELETED>``SEC. 405. MEMBERSHIP OF THE COMMISSION.</DELETED>
<DELETED> ``(a) Composition.--The Commission shall be composed of up
to 14 members who shall be appointed as follows:</DELETED>
<DELETED> ``(1) One member appointed by a consensus of the
members of a marine resources committee established under
section 408 for each of the following counties of the State of
Washington:</DELETED>
<DELETED> ``(A) San Juan County.</DELETED>
<DELETED> ``(B) Island County.</DELETED>
<DELETED> ``(C) Skagit County.</DELETED>
<DELETED> ``(D) Whatcom County.</DELETED>
<DELETED> ``(E) Snohomish County.</DELETED>
<DELETED> ``(F) Clallam County.</DELETED>
<DELETED> ``(G) Jefferson County.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) One member appointed by the Governor of the
State of Washington to represent the interests of the Puget
Sound Partnership.</DELETED>
<DELETED> ``(4) Four members appointed by the Governor of
the State of Washington who--</DELETED>
<DELETED> ``(A) are residents of the State of
Washington; and</DELETED>
<DELETED> ``(B) are not employed by a Federal,
State, or local government.</DELETED>
<DELETED> ``(b) Vacancies.--A vacancy in the Commission shall be
filled in the manner in which the original appointment was
made.</DELETED>
<DELETED> ``(c) Chairperson.--The Commission shall select a
Chairperson from among its members.</DELETED>
<DELETED> ``(d) Meeting.--The Commission shall meet at the call of
the Chairperson, but not less frequently than quarterly.</DELETED>
<DELETED> ``(e) Liaison.--The Secretary of Commerce shall, acting
through the Under Secretary for Oceans and Atmosphere and in
consultation with the Director of the Commission appointed under
section 407(a), appoint an employee of the National Oceanic and
Atmospheric Administration--</DELETED>
<DELETED> ``(1) to serve as a liaison among the Commission
and the Department of Commerce; and</DELETED>
<DELETED> ``(2) to attend meetings and other events of the
Commission as a nonvoting participant.</DELETED>
<DELETED>``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) designing and initiating projects that are
driven by sound science, local priorities, community-based
decisions, and the ability to measure results;</DELETED>
<DELETED> ``(2) building awareness and stewardship and
making recommendations to improve the health of the Northwest
Straits marine resources;</DELETED>
<DELETED> ``(3) maintaining and expanding diverse membership
and partner organizations;</DELETED>
<DELETED> ``(4) expanding partnerships with governments of
Indian tribes and continuing to foster respect for tribal
cultures and treaties; and</DELETED>
<DELETED> ``(5) recognizing the importance of economic and
social benefits that are dependent on marine environments and
sustainable marine resources.</DELETED>
<DELETED> ``(b) Duties.--The duties of the Commission are the
following:</DELETED>
<DELETED> ``(1) To provide resources and technical support
for marine resources committees established under section
408.</DELETED>
<DELETED> ``(2) To work with such marine resources
committees and appropriate entities of Federal and State
governments and Indian tribes to develop programs to monitor
the overall health of the marine ecosystem of the Northwest
Straits.</DELETED>
<DELETED> ``(3) To identify factors adversely affecting or
preventing the restoration of the health of the marine
ecosystem and coastal economies of the Northwest
Straits.</DELETED>
<DELETED> ``(4) To develop scientifically sound restoration
and protection recommendations, informed by local priorities,
that address such factors.</DELETED>
<DELETED> ``(5) To assist in facilitating the successful
implementation of such recommendations by developing broad
support among appropriate authorities, stakeholder groups, and
local communities.</DELETED>
<DELETED> ``(6) To develop and implement regional projects
based on such recommendations to protect and restore the
Northwest Straits ecosystem.</DELETED>
<DELETED> ``(7) To serve as a public forum for the
discussion of policies and actions of Federal, State, or local
government, an Indian tribe, or the Government of Canada with
respect to the marine ecosystem of the Northwest
Straits.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(9) To consult with all affected Indian tribes
in the region of the Northwest Straits to ensure that the work
of the Commission does not violate tribal treaty
rights.</DELETED>
<DELETED> ``(c) Benchmarks.--The Commission shall carry out its
duties in a manner that promotes the achieving of the benchmarks
described in subsection (f)(2).</DELETED>
<DELETED> ``(d) Coordination and Collaboration.--The Commission
shall carry out the duties described in subsection (b) in coordination
and collaboration, when appropriate, with Federal, State, and local
governments and Indian tribes.</DELETED>
<DELETED> ``(e) Regulatory Authority.--The Commission shall have no
power to issue regulations.</DELETED>
<DELETED> ``(f) Annual Report.--</DELETED>
<DELETED> ``(1) In general.--Each year, the Commission shall
prepare, submit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Under
Secretary for Oceans and Atmosphere, and make available to the
public an annual report describing--</DELETED>
<DELETED> ``(A) the activities carried out by the
Commission during the preceding year; and</DELETED>
<DELETED> ``(B) the progress of the Commission in
achieving the benchmarks described in paragraph
(2).</DELETED>
<DELETED> ``(2) Benchmarks.--The benchmarks described in
this paragraph are the following:</DELETED>
<DELETED> ``(A) Protection and restoration of
marine, coastal, and nearshore habitats.</DELETED>
<DELETED> ``(B) Prevention of loss and achievement
of a net gain of healthy habitat areas.</DELETED>
<DELETED> ``(C) Protection and restoration of marine
populations to healthy, sustainable levels.</DELETED>
<DELETED> ``(D) Protection of the marine water
quality of the Northwest Straits region and restoration
of the health of marine waters.</DELETED>
<DELETED> ``(E) Collection of high-quality data and
promotion of the use and dissemination of such
data.</DELETED>
<DELETED> ``(F) Promotion of stewardship and
understanding of Northwest Straits marine resources
through education and outreach.</DELETED>
<DELETED>``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE
MATTERS.</DELETED>
<DELETED> ``(a) Director.--The Manager of the Shorelands and
Environmental Assistance Program of the Department 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 confirmation by the
Commission.</DELETED>
<DELETED> ``(b) Staff.--The Director may hire such other personnel
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.</DELETED>
<DELETED> ``(c) Administrative Services.--If the Governor of the
State of Washington makes available to the Commission the
administrative services of the State of Washington Department of
Ecology and Padilla Bay National Estuarine Research Reserve, the
Commission shall use such services for employment, procurement, grant
and fiscal management, and support services necessary to carry out the
duties of the Commission.</DELETED>
<DELETED>``SEC. 408. MARINE RESOURCES COMMITTEES.</DELETED>
<DELETED> ``(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 committee that--</DELETED>
<DELETED> ``(1) complies with the requirements of this
section; and</DELETED>
<DELETED> ``(2) receives from such government the mission,
direction, expert assistance, and financial resources
necessary--</DELETED>
<DELETED> ``(A) to address issues affecting the
marine ecosystems within its county; and</DELETED>
<DELETED> ``(B) to work to achieve the benchmarks
described in section 406(f)(2).</DELETED>
<DELETED> ``(b) Membership.--</DELETED>
<DELETED> ``(1) In general.--Each marine resources committee
established pursuant to this section shall be composed of--
</DELETED>
<DELETED> ``(A) members with relevant scientific
expertise; and</DELETED>
<DELETED> ``(B) members that represent balanced
representation, including representation of--</DELETED>
<DELETED> ``(i) local governments, including
planning staff from counties and cities with
marine shorelines;</DELETED>
<DELETED> ``(ii) affected economic
interests, such as ports and commercial
fishers;</DELETED>
<DELETED> ``(iii) affected recreational
interests, such as sport fishers; and</DELETED>
<DELETED> ``(iv) conservation and
environmental interests.</DELETED>
<DELETED> ``(2) Tribal members.--With respect to a county
referred to in subparagraph (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 resources committee for such county. Such member may be
appointed by the respective tribal authority.</DELETED>
<DELETED> ``(3) Chairperson.--</DELETED>
<DELETED> ``(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 committee.</DELETED>
<DELETED> ``(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 diversity of
representation in the leadership of the marine
resources committee.</DELETED>
<DELETED> ``(c) Duties.--The duties of a marine resources committee
established pursuant to this section are the following:</DELETED>
<DELETED> ``(1) To assist in assessing marine resource
problems in concert with governmental agencies, tribes, and
other entities.</DELETED>
<DELETED> ``(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 coordination with Federal, State, and
local governments, Indian tribes, and other entities.</DELETED>
<DELETED> ``(3) To work with other entities to enhance the
scientific baseline and monitoring program for the marine
environment of the Northwest Straits.</DELETED>
<DELETED> ``(4) To identify local priorities for marine
resource conservation and develop new projects to address those
needs.</DELETED>
<DELETED> ``(5) To work closely with county leadership to
implement local marine conservation and restoration
initiatives.</DELETED>
<DELETED> ``(6) To coordinate with the Commission on marine
ecosystem objectives.</DELETED>
<DELETED> ``(7) To educate the public and key constituencies
regarding the relationship between healthy marine habitats,
harvestable resources, and human activities.</DELETED>
<DELETED>``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION
FOUNDATION.</DELETED>
<DELETED> ``(a) Establishment.--The Director of the Commission and
the Director of the Padilla Bay National Estuarine Research Reserve 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.</DELETED>
<DELETED> ``(b) Designation.--The foundation authorized by
subsection (a) shall be known as the `Northwest Straits Marine
Conservation Foundation'.</DELETED>
<DELETED> ``(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 assist the Commission and the marine resources committees in
carrying out their duties under this Act.</DELETED>
<DELETED> ``(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.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northwest Straits Marine
Conservation Initiative Reauthorization Act of 2009''.
SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION
INITIATIVE ACT.
The Northwest Straits Marine Conservation Initiative Act (title IV
of Public Law 105-384; 112 Stat. 3458) is amended--
(1) by striking `` Commission (in this title referred to as
the `Commission').'' and inserting ``Commission.''; and
(2) by striking sections 403, 404, and 405 and inserting
the following:
``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 enormous environmental and economic value to
the people of the United States.
``(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 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 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 Atmospheric Administration and
other Federal agencies with their marine missions by fostering
local interest in marine issues and involving diverse groups of
citizens.
``(6) The Northwest Straits Marine Conservation Initiative
shares many of the same goals with the National Oceanic and
Atmospheric Administration, including fostering citizen
stewardship of marine resources, general ecosystem management,
and protecting federally managed marine species.
``(7) Ocean literacy and identification and removal 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 `Northwest Straits'
means the marine waters of the Strait of Juan de Fuca and of
Puget Sound from the Canadian border to the south end of
Snohomish County.
``SEC. 405. MEMBERSHIP OF THE COMMISSION.
``(a) Composition.--The Commission shall be composed of up to 14
members who shall be appointed as follows:
``(1) One member appointed by a consensus of the members of
a marine resources committee established 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 Washington; 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 quarterly.
``(e) Liaison.--
``(1) In general.--The Secretary of Commerce shall, acting
through the Under Secretary for Oceans and Atmosphere and in
consultation with the Director of the Commission appointed
under section 407(a), 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 as a member of the Commission by
the employee appointed under paragraph (1)--
``(A) is limited to the employee's service as a
liaison and attendance of meetings and other events as
a nonvoting participant; and
``(B) does not obligate the employee to perform 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 membership and
partner organizations;
``(4) expanding partnerships with governments of Indian
tribes 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 environments and
sustainable marine resources.
``(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 committees and
appropriate entities of Federal and State governments and
Indian tribes 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
implementation of such recommendations by developing broad
support among appropriate authorities, stakeholder groups, and
local communities.
``(6) To develop and implement regional projects based on
such recommendations to protect and restore the Northwest
Straits ecosystem.
``(7) To serve as a public forum for the discussion of
policies and actions of Federal, State, or local government, an
Indian tribe, 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 affected Indian tribes in the
region of the Northwest Straits 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 Commission shall carry
out the duties described in subsection (b) in coordination and
collaboration, when appropriate, with Federal, State, and local
governments and Indian tribes.
``(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, Science, and
Transportation of the Senate, the Committee on Energy and
Commerce of the House 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 Commission
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.
``(F) Promotion of stewardship and understanding 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 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 confirmation by the Commission.
``(b) Staff.--The Director may hire such other personnel 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 Department of Ecology and Padilla
Bay National Estuarine Research Reserve, the Commission shall use such
services for employment, procurement, grant and fiscal 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 section 405(a)(1) may establish
a marine resources committee that--
``(1) complies with the requirements of this section; 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 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 expertise;
and
``(B) members that represent balanced
representation, including representation of--
``(i) local governments, including planning
staff from counties and cities with marine
shorelines;
``(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 county referred to
in subparagraph (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
resources 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 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 diversity of representation in the leadership
of the marine resources committee.
``(c) Duties.--The duties of a marine resources committee
established pursuant to this section are the following:
``(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 Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.) in coordination with Federal, State, and local
governments, Indian tribes, 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 resource
conservation and develop new projects to address those needs.
``(5) To work closely with county leadership to implement
local marine conservation and restoration initiatives.
``(6) To coordinate with the Commission on marine 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 Commission and the
Director of the Padilla Bay National Estuarine Research Reserve 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 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
assist the Commission and the marine resources committees 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 assist them in carrying out their duties under this Act.
``SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary of
Commerce for the use of the Commission such sums as may be necessary to
carry out the provisions of this title.''.
Calendar No. 185
111th CONGRESS
1st Session
S. 668
[Report No. 111-90]
_______________________________________________________________________
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.
_______________________________________________________________________
October 21, 2009
Reported with an amendment