1.This Act may be cited as
the Northwest Straits Marine
Conservation Initiative Reauthorization Act of
2009
.
2.Reauthorization
of Northwest Straits Marine Conservation Initiative ActThe 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 referred to as the
Commission
)
; and
(2)by striking
sections 403, 404, and 405 and inserting the following:
403.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.
404.In this title:
(1)The
term Commission means the Northwest Straits Advisory Commission
established by section 402.
(2)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)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.
405.Membership of
the Commission
(a)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)A
vacancy in the Commission shall be filled in the manner in which the original
appointment was made.
(c)The
Commission shall select a Chairperson from among its members.
(d)The
Commission shall meet at the call of the Chairperson, but not less frequently
than quarterly.
(e)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—
(1)to serve as a
liaison among the Commission and the Department of Commerce; and
(2)to attend
meetings and other events of the Commission as a nonvoting participant.
406.Goal and
duties of the Commission
(a)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)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)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 collaborationThe 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)The Commission shall have no power to issue
regulations.
(f)
(1)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)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.
407.Commission
personnel and administrative matters
(a)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)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)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.
408.Marine
resources committees
(a)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)
(1)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)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)
(A)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)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)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.
409.Northwest
Straits Marine Conservation Foundation
(a)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)The foundation authorized by subsection (a)
shall be known as the Northwest Straits Marine Conservation
Foundation
.
(c)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)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.
.