[Senate Report 112-151]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 330
112th Congress                                                   Report
 2d Session                      SENATE                         112-151
_______________________________________________________________________



 THE NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION 
                              ACT OF 2011

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 962



                                     

               February 27, 2012.--Ordered to be printed

                             _________

                    U.S. GOVERNMENT PRINTING OFFICE

19-010                      WASHINGTON : 2012




       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred twelfth congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      JOHNNY ISAKSON, Georgia
MARK PRYOR, Arkansas                 ROY BLUNT, Missouri
CLAIRE McCASKILL, Missouri           JOHN BOOZMAN, Arkansas
AMY KLOBUCHAR, Minnesota             PATRICK J. TOOMEY, Pennsylvania
TOM UDALL, New Mexico                MARCO RUBIO, Florida
MARK WARNER, Virginia                KELLY AYOTTE, New Hampshire
MARK BEGICH, Alaska                  DEAN HELLER, Nevada
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     John Williams, General Counsel
                Todd Bertoson, Republican Staff Director
           Jarrod Thompson, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel
                                                       Calendar No. 330
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-151

======================================================================



 
 THE NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE REAUTHORIZATION 
                              ACT OF 2011

                                _______
                                

               February 27, 2012.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 962]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 962) to reauthorize the 
Northwest Straits Marine Conservation Initiative Act to promote 
the protection of the resources of the Northwest Straits, and 
for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                          Purpose of the Bill

  The purpose of S. 962, the Northwest Straits Marine 
Conservation Initiative Reauthorization Act of 2011, is to 
reauthorize the Northwest Straits Marine Conservation 
Initiative Act to protect the resources of the Northwest 
Straits (NWS).

                          Background and Needs

  Congress authorized the Northwest Straits Marine Conservation 
Initiative (112 Stat. 3458) (Initiative) in 1998 to coordinate 
Federal, State, and local marine resource protection and 
restoration activities in the NWS. The NWS region includes the 
U.S. marine waters of the Strait of Juan de Fuca, the San Juan 
Islands, and northern Puget Sound reaching from the southern 
borders of Snohomish and Jefferson counties (in the State of 
Washington) to the Canadian border. Seven counties, 15 tribes, 
many cities, and other local governments have jurisdiction in 
the region, and the region is home to 1.16 million people. 
Iconic species like Pacific salmon, Puget Sound southern 
resident orca, western grebe, and rockfish all depend on a 
healthy NWS ecosystem as does the State's fishing and wildlife 
viewing industry. Damage to shoreline habitat, disturbed 
ecological processes, and impaired water quality are harming 
the marine ecosystem, and the area is experiencing declines in 
highly valued marine species.
  The Initiative established the Northwest Straits Commission 
(Commission). The Commission consists of five gubernatorial 
representatives, one tribal representative appointed by the 
Secretary of the Interior, and one representative from each of 
the Marine Resource Committees (MRCs). At the core of the 
Initiative are seven locally-based MRCs created in each of the 
NWS counties: Clallam, Island, Jefferson, San Juan, Skagit, 
Snohomish, and Whatcom. The Commission and the MRCs bring 
local, tribal, State, community, organizational, and citizen 
interests together to protect and restore the marine 
environment. Each MRC is citizen-based and created by county 
ordinance. The members of each MRC are appointed by their 
county commission or council. Each MRC includes representatives 
from commercial, recreational, scientific, educational, and 
environmental interests, as well as local and tribal 
governments. The MRC members set priorities and design marine 
restoration and protection projects, provide stewardship 
information to local residents, and work in cooperation with 
the local elected officials. MRCs receive funds and support 
from the Commission to carry out programs that meet the 
Initiative's benchmarks. MRCs use existing State and local 
authorities, and base their actions on sound scientific 
information and the overall needs of the ecosystem.
  MRCs coordinate their activities through the Commission, 
which provides technical assistance, integrates scientific 
information, develops ecosystem-level coordination, and 
coordinates funding. Five performance benchmarks help partners 
guide project development and evaluate the Initiative's 
progress. These benchmarks are: (1) protect and restore marine, 
coastal, and nearshore habitats, prevent loss, and achieve a 
net gain of healthy habitat areas; (2) protect and restore 
marine populations to healthy, sustainable levels; (3) protect 
marine water quality of the NWS region, and restore the health 
of marine waters; (4) collect high quality data and promote its 
use and dissemination; and (5) promote stewardship and 
understanding of NWS marine resources through education and 
outreach. In addition to the Commission and MRCs, the 
Initiative is supported by the Northwest Straits Foundation, a 
non-profit organization established to leverage additional 
funds for the Initiative's scientific, restoration, and 
education projects.
  Congress mandated a program review, and in 2004, an 
evaluation panel of national experts recommended continued 
Federal authorization and expanded support for the Initiative.

                         Summary of Provisions

  S. 962 would reauthorize the Initiative. The Commission would 
be composed of up to 14 members, each appointed to represent 
the diversity of local and Federal interests in the Initiative. 
The Commission would select a Chairperson from among its 
members. An employee of the National Oceanic and Atmospheric 
Administration (NOAA) would serve as liaison to the Commission.
  The goal of the Commission would be to protect and restore 
the marine waters, habitats, and species of the NWS region to 
achieve ecosystem health and sustainable resource use by 
designing and initiating projects, building stewardship, and 
expanding partnerships. The duties of the Commission would 
include such actions as: monitoring ecosystem health; 
identifying adverse factors affecting restoration and health; 
developing scientifically sound restoration and protection 
recommendations; and serving as a public forum and facilitator 
for local concerns, issues, and solutions with the aim of 
restoration and protection of the marine resources in the area. 
The Commission would be directed to prepare an annual report to 
the Committee on Commerce, Science, and Transportation in the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives describing the activities completed during the 
previous year and the progress made in achieving the 
Commission's protection and restoration benchmarks and goals.
  S. 962 would provide for the hiring of a director for the 
Commission (and the provision of staff) to enable the 
Commission to perform its duties. It would also authorize the 
government of each of the seven counties in the NWS region to 
establish an MRC. Each MRC would address issues affecting the 
marine ecosystems within its county with the support of the 
local government. Membership in each MRC would include members 
with relevant scientific expertise and representatives of all 
the different stakeholder groups. Each MRC would select a 
chairperson from among its members, and this position would be 
rotating. It also directs the MRCs to work to fulfill the goals 
and duties of the Commission, to work on a local level to 
coordinate marine conservation and restoration initiatives, and 
to educate the public about the connection between healthy 
marine habitats, harvestable resources, and human activities.

                          Legislative History

  S. 962 was introduced by Senator Murray on May 12, 2011. 
Senator Cantwell is a cosponsor of the legislation. The 
Committee ordered the bill to be reported without amendment 
favorably at its Executive Session on June 8, 2011. In the 
111th Congress, the Committee reported favorably S. 668, a bill 
identical to S. 962 except for the dates of authorization, on 
July 8, 2009.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 962--Northwest Straits Marine Conservation Initiative 
        Reauthorization Act of 2011

    S. 962 would reauthorize the Northwest Straits Marine 
Conservation Initiative Act and codify aspects of the 
initiative, including the composition and goals of the 
Northwest Straits Advisory Commission. The bill also would 
require the commission to submit an annual report to the 
Congress regarding its activities. Assuming appropriation of 
the necessary amounts, CBO estimates that implementing S. 962 
would cost approximately $2 million a year over the 2012-2016 
period. Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    The Northwest Straits Initiative is an intergovernmental 
partnership that restores and protects marine resources along 
the northwest coast of Washington state. The initiative is led 
by the Northwest Straits Advisory Commission, composed of 
federal, state, and county representatives; the commission 
provides resources and support to county governments working to 
achieve the goals of the Northwest Straits Initiative.
    Authorization for the Northwest Straits Initiative expired 
in 2004. In recent years, the initiative has received 
appropriations ranging from $1 million to $2 million annually.
    S. 962 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Dubary Brea 
and Jeff LaFave. The estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The reported bill would not authorize any new regulations, 
and therefore will not subject any individuals or businesses to 
new regulations.

                            ECONOMIC IMPACT

  The bill, as reported, would have a modest positive economic 
impact through improved resource management that would support 
Washington's fishing and wildlife viewing industries.

                                PRIVACY

  The reported bill would have little, if any, impact on the 
personal privacy of U.S. citizens.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector. NOAA paperwork requirements would 
likely increase slightly as a result of the enhanced 
authorities and rulemaking and reporting requirements provided 
in the bill.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short Title.

  This section would provide that the legislation be cited as 
the ``Northwest Straits Marine Conservation Initiative 
Reauthorization Act of 2011''.

Section 2. Reauthorization of Northwest Straits Marine Conservation 
        Initiative Act.

  This section would amend the Northwest Straits Marine 
Conservation Initiative Act (112 Stat. 3458) by striking 
sections 403 through 405 of the current Act, inserting new 
language to those sections, and creating new sections 406 
through 410 as follows:

Section 403. Findings.

  This section would identify key findings of the bill 
concerning the Initiative and the marine waters and ecosystem 
of the NWS.

Section 404. Definitions.

  This section would define the terms ``Commission'', ``Indian 
tribe'', and ``Northwest Straits''.

Section 405. Membership of the Commission.

  This section would set forth requirements concerning the 
membership of the Commission. The Commission would be composed 
of up to 14 members. One member would be appointed by members 
of the MRC established under section 408, two members would be 
appointed by the Secretary of the Interior, and one member 
would be appointed by the Governor of the State of Washington 
to represent the interests of the Puget Sound Partnership. The 
Governor would also appoint four other members who would be 
residents of the State of Washington and not employed by a 
Federal, State, or local government. The section would also set 
forth requirements concerning the filling of Commission 
vacancies and the selection of the Chairperson of the 
Commission. Additionally, the section would require the 
Commission to meet at the call of the Chairperson (though not 
less frequently than quarterly) and require the Secretary of 
Commerce to appoint a liaison to the Commission from NOAA.

Section 406. Goal and Duties of the Commission.

  This section would define the goal and duties of the 
Commission. The goal of the Commission would be to protect and 
restore the marine waters, habitats, and species of the NWS 
region to achieve ecosystem health and sustainable resource use 
through project design and initiation. The duties of the 
Commission would include such actions as monitoring ecosystem 
health; identifying adverse factors affecting restoration and 
health; developing scientifically sound restoration and 
protection recommendations; and serving as a public forum and 
facilitator for local concerns, issues, and solutions with the 
aim of restoring and protecting the marine resources in the 
area. The Commission would prepare an annual report describing 
the activities completed during the previous year and the 
progress made in achieving the Commission's protection and 
restoration benchmarks and goals.

Section 407. Commission Personnel and Administrative Matters.

  This section would provide for the appointment of Commission 
personnel and other administrative matters. It would establish 
the Director of the Commission as a paid position with the 
responsibility to hire such personnel as appropriate to enable 
the Commission to perform its duties. The Commission would be 
required to use the administrative services of the State of 
Washington Department of Ecology and Padilla Bay National 
Estuarine Research Reserve for employment, procurement, grant 
and fiscal management, and support services necessary to carry 
out the duties of the Commission if consent is given by the 
Governor of the State of Washington.

Section 408. Marine Resources Committees.

  This section would allow the governments of each of the seven 
counties in the NWS region to establish a MRC. Each MRC would 
address issues affecting the marine ecosystems within its 
county with the support of the local government. Each MRC would 
include persons with relevant scientific expertise and 
representatives of all appropriate stakeholder groups, 
including one member from each Indian tribe with fishing rights 
in the waters of such county or reservation lands in such 
county. Each MRC would select a chairperson from among its 
members, which would be a rotating position. MRCs would work to 
fulfill the goal and duties of the Commission, to coordinate 
local marine conservation and restoration initiatives, and to 
educate the public about the connection between healthy marine 
habitats, harvestable resources, and human activities.

Section 409. Northwest Straits Marine Conservation Foundation.

  This section would permit the Director of the Commission and 
the Director of the Padilla Bay National Estuarine Research 
Reserve to establish a nonprofit foundation to support the 
Commission and the MRCs in carrying out their duties.

Section 410. Authorization of Appropriations.

  This section would authorize to be appropriated to the 
Secretary of Commerce such sums as may be necessary to carry 
out the provisions of the Northwest Straits Marine Conservation 
Initiative Act.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

          NORTHWEST STRAITS MARINE CONSERVATION INITIATIVE ACT

            [Title IV of Public Law 105-384; 112 Stat. 3458]

SEC. 402. ESTABLISHMENT.

  There is established a commission to be known as the 
Northwest Straits Advisory [Commission (in this title referred 
to as the ``Commission'').] Commission.

[SEC. 403. ORGANIZATION AND OPERATION.

  [The Commission shall be organized and operated in accordance 
with the provisions of the Northwest Straits Citizen's Advisory 
Commission Report of August 20, 1998, on file with the 
Secretary of Commerce (in this title referred to as the 
``Report'').

[SEC. 404. FUNDING.

  [(a) In General.--The Secretary of Commerce may, from amounts 
available to the Secretary to carry out the work of the 
Commission, provide assistance for use in accordance with the 
Report and the priorities of the Commission--
          [(1) to collect marine resources data in the 
        Northwest Straits;
          [(2) to coordinate Federal, State, and local marine 
        resources protection and restoration activities in the 
        Northwest Straits; and
          [(3) to carry out other activities identified in the 
        Report as important to the protection and restoration 
        of marine resources in the Northwest Straits.
  [(b) Provision.--The Secretary may provide the assistance 
authorized by subsection (a) through the Director of the 
Padilla Bay National Estuarine Research Reserve, unless the 
Governor of the State of Washington objects. If the Governor 
objects, then the Secretary may provide the assistance through 
the Administrator of the National Oceanic and Atmospheric 
Administration.

[SEC. 405. LIMITATION.

  [Nothing in this title provides the Commission with the 
authority to implement any Federal law or regulation.]

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) This Act 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.

                                  
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