Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act - Declares it is U.S. policy to protect and preserve living and other resources of the Gulf of the Farallones National Marine Sanctuary (Farallones NMS) and Cordell Bank National Marine Sanctuary (Cordell Bank NMS) marine environments.
Makes certain adjustments to expand the boundaries of the Farallones NMS and the Cordell NMS.
Prohibits within the Farallones NMS and the Cordell Bank NMS: (1) the leasing, exploration, development, production, or transporting by pipeline of minerals or hydrocarbons; (2) the conduct of aquaculture (with exceptions); and (3) the discharge of materials and substances or a change in the salinity. Prohibits the conduct of aquaculture within Monterey Bay National Marine Sanctuary.
Directs the Secretary of Commerce to complete an interim supplemental management plan for each sanctuary that focuses on protective resource management in the areas added by this Act.
Requires the Secretary to review the operations of the Farallones NMS to determine whether area added to it by this Act shall be designated as a new and separate NMS.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1712 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1712
To expand the boundaries of the Gulf of the Farallones National Marine
Sanctuary and the Cordell Bank National Marine Sanctuary.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 19, 2005
Ms. Woolsey (for herself, Mr. Baca, Mr. Becerra, Mr. Berman, Mrs.
Capps, Mr. Cardoza, Mr. Costa, Mrs. Davis of California, Ms. Eshoo, Mr.
Farr, Mr. Filner, Ms. Harman, Mr. Honda, Mr. Lantos, Ms. Lee, Ms. Zoe
Lofgren of California, Ms. Millender-McDonald, Mr. George Miller of
California, Mrs. Napolitano, Ms. Roybal-Allard, Ms. Pelosi, Ms. Linda
T. Sanchez of California, Ms. Loretta Sanchez of California, Mr.
Schiff, Mr. Sherman, Ms. Solis, Mr. Stark, Mrs. Tauscher, Mr. Thompson
of California, Ms. Waters, Ms. Watson, Mr. Waxman, and Ms. Matsui)
introduced the following bill; which was referred to the Committee on
Resources
_______________________________________________________________________
A BILL
To expand the boundaries of the Gulf of the Farallones National Marine
Sanctuary and the Cordell Bank National Marine Sanctuary.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf of the Farallones and Cordell
Bank National Marine Sanctuaries Boundary Modification and Protection
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Gulf of the Farallones extends approximately 100
miles along the coast of Marin and Sonoma counties of northern
California. It includes approximately one-half of California's
nesting seabirds, rich benthic marine life on hard-rock
substrate, prolific fisheries, and substantial concentrations
of resident and seasonally migratory marine mammals.
(2) Cordell Bank is adjacent to the Gulf of the Farallones
and is a submerged island with spectacular, unique, and
nationally significant marine environments.
(3) These marine environments have national and
international significance, exceed the biological productivity
of tropical rain forests, and support high levels of biological
diversity.
(4) These biological communities are easily susceptible to
damage from human activities, and must be properly conserved
for themselves and to protect the economic viability of their
contribution to national and regional economies.
(5) The Gulf of Farallones and Cordell Bank include some of
the Nation's richest fishing grounds, supporting important
commercial and recreational fisheries. These fisheries are
regulated by State and Federal fishery agencies and are
supported and fostered through protection of the waters and
habitats of Gulf of the Farallones National Marine Sanctuary
and Cordell Bank National Marine Sanctuary.
(6) The report of the Commission on Ocean Policy
established by Public Law 106-256 calls for comprehensive
protection for the most productive ocean environments and
recommends that they be managed as ecosystems.
(7) New scientific discoveries by the National Marine
Sanctuary Program support comprehensive protection for these
marine environments by broadening the geographic scope of the
existing Gulf of the Farallones National Marine Sanctuary and
the Cordell Bank National Marine Sanctuary.
(8) Cordell Bank is at the nexus of an ocean upwelling
system, which produces the highest biomass concentrations on
the west coast of the United States.
SEC. 3. POLICY AND PURPOSE.
(a) Policy.--It is the policy of the United States in this Act to
protect and preserve living and other resources of the Gulf of the
Farallones and Cordell Bank marine environments.
(b) Purpose.--The purposes of this Act are the following:
(1) To extend the boundaries of the Gulf of the Farallones
National Marine Sanctuary and the Cordell Bank National Marine
Sanctuary to the areas described in section 5.
(2) To strengthen the protections that apply in the
Sanctuaries.
(3) To educate and interpret for the public regarding those
marine environments.
(4) To manage human uses of the Sanctuaries under this Act
and the National Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.).
(c) Effect on Fishing Activities.--Nothing in this Act is intended
to alter any existing authorities regarding the conduct of fishing
activities in the Sanctuaries.
SEC. 4. DEFINITIONS.
In this Act:
(1) Aquaculture.--The term ``aquaculture'' means the
propagation or rearing of aquatic organisms in controlled or
selected aquatic environments for any commercial, recreational,
or public purpose.
(2) Cordell bank nms.--The term ``Cordell Bank NMS'' means
the Cordell Bank National Marine Sanctuary.
(3) Farallones nms.--The term ``Farallones NMS'' means the
Gulf of the Farallones National Marine Sanctuary.
(4) Sanctuaries.--The term ``Sanctuaries'' means the Gulf
of the Farallones National Marine Sanctuary and the Cordell
Bank National Marine Sanctuary, as expanded by section 5.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(6) Mean higher high water mark.--The term ``Mean Higher
High Water Mark'' means the arithmetic average of the
elevations of the higher of two high waters of a tidal day over
a period of time as determined by the National Oceanic and
Atmospheric Administration.
(7) Person.--The term ``Person'' means any private or
public individual, corporation, partnership, trust,
institution, association, or any other public or private
entity, whether foreign or domestic, or any officer, employee,
agent, department, agency, or instrumentality of the Federal
Government, of any State, tribal or local unit of government,
or of any foreign government.
SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS.
(a) Gulf of the Farallones.--
(1) Boundary adjustment.--The areas described in paragraph
(2) are added to the existing Gulf of the Farallones National
Marine Sanctuary described in part 922.80 of title 15, Code of
Federal Regulations.
(2) Areas included.--
(A) In general.--The areas referred to in paragraph
(1) consist of the following:
(i) All submerged lands and waters,
including living marine and other resources
within and on those lands and waters, from the
mean higher high water mark to the boundary
described in subparagraph (B).
(ii) The submerged lands and waters,
including living marine and other resources
within those waters, within the approximately
two square nautical mile portion of Cordell
Bank NMS (as in effect immediately before the
enactment of this Act) that is located south of
the area that is added to Cordell Bank NMS by
subsection (b)(2), which are transferred to the
Farallones NMS from the Cordell Bank NMS.
(B) Boundary described.--The boundary referred to
in subparagraph (A)(i) is the line formed by connecting
points in succession beginning at Bodega Head'
Southernmost Point located at 38 degrees, 18 minutes
north latitude, 123 degrees, 6.5 minutes west
longitude; then in a northwestly direction along the
coast to the mouth of the Gualala River at 38 degrees,
45 minutes north latitude, 123 degrees, 31.9 minutes
west longitude; then west 21.7 nautical miles to 38
degrees, 45 minutes north latitude, 124 degrees west
longitude; then due south 27 nautical miles to 38
degrees, 18 minutes north latitude, 124 degrees west
longitude; then 37.7 nautical miles east to 38 degrees,
18 minutes north latitude, 123 degrees, 12 minutes west
longitude; then to the shared boundary of the
Farallones NMS and Cordell Bank NMS (as in effect
immediately before the enactment of this Act) at 38
degrees, 15.9 minutes north latitude, 123 degrees, 10.9
minutes west longitude.
(b) Cordell Bank.--
(1) Boundary adjustment.--The area described in paragraph
(2) is added to the existing Cordell Bank National Marine
Sanctuary described in part 922.80 of title 15, Code of Federal
Regulations.
(2) Area included.--
(A) In general.--The area referred to in paragraph
(1) consists of all submerged lands and waters,
including living marine and other resources within
those waters, within the boundary described in
subparagraph (B).
(B) Boundary.--The boundary referred to in
subparagraph (B) is the line formed by connecting
points in succession beginning at the present most
northeastern point of the Cordell Bank NMS at 38
degrees, 15.9 minutes north latitude, 123 degrees, 10.9
minutes west longitude; then to 38 degrees, 18 minutes
north latitude, 123 degrees, 12 minutes west longitude,
which is 7 miles west of Bodega Head; then to 38
degrees, 18 minutes north latitude, 123 degrees, 40
minutes west longitude, which is 28.6 nautical miles
west of Bodega Head; then due south 32 nautical miles
to 37 degrees, 50 minutes north latitude, 123 degrees,
40 minutes west longitude; then 11.5 nautical miles
east where it intersects with a boundary shared by
Cordell Bank NMS and Farallones NMS at 37 degrees, 50
minutes north latitude, 123 degrees, 25.4 minutes west
longitude.
(c) Inclusion in the System.--The areas included in the Sanctuaries
under subsections (a) and (b) of this section shall be managed as part
of the National Marine Sanctuary System, established by section 301(c)
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in
accordance with that Act.
(d) Updated NOAA Charts.--The Secretary of Commerce shall--
(1) produce updated National Oceanic and Atmospheric
Administration charts for the areas in which are located the
Farallones NMS and Cordell Bank NMS; and
(2) include on those charts the boundaries of such national
marine sanctuaries, as revised by this Act.
SEC. 6. PROHIBITION OF CERTAIN USES.
(a) Mineral and Hydrocarbon Leasing, Exploration, Development, and
Production.--No leasing, exploration, development, production, or
transporting by pipeline of minerals or hydrocarbons shall be permitted
within the Sanctuaries.
(b) Aquaculture.--
(1) Prohibition.--It is unlawful for any person to conduct
aquaculture--
(A) in any area of the Sanctuaries; or
(B) within Monterey Bay National Marine Sanctuary.
(2) Existing bivalve farming allowed.--The prohibition in
paragraph (1) shall not apply to persons conducting farming
operations of bivalve species that are in existence on the date
of enactment of this Act.
(3) Regulations.--The Secretary shall issue regulations
that specify the operations referred to in paragraph (2).
(c) Discharge of Materials and Substances.--
(1) Prohibitions.--It is unlawful for any person--
(A) to deposit or discharge any material or
substance of any kind within the Sanctuaries;
(B) to deposit or discharge any material or
substance of any kind that enters and injures any
sanctuary resource (as that term is defined in the
National Marine Sanctuaries Act); or
(C) to deposit or discharge any invasive species
from a vessel in the Sanctuaries.
(2) Changes in salinity.--No person shall cause a change of
salinity in the Sanctuaries that is injurious to the marine
ecosystem of the Sanctuaries.
(3) Limitation on applicability.--Paragraph (1) does not
apply with respect to any discharge--
(A) of fish, fish parts, and chumming materials
resulting from, and while conducting otherwise lawful,
fishing activity;
(B) of food consumed onboard a vessel;
(C) of biodegradable effluents incidental to vessel
use and generated by an operable Type I or II marine
sanitation device as classified by the United States
Coast Guard, that is approved in accordance with
section 312 of the Federal Water Pollution Control Act
(33 U.S.C. 1322) provided the vessel operator secures
all marine sanitation devices in a manner that prevents
discharge of untreated sewage from a Type I or Type II
Coast Guard-approved sanitation devices, except that
this subparagraph does not apply with respect to a
discharge from a cruise ship within the boundaries of
either sanctuary;
(D) of biodegradable material resulting from deck
wash down and vessel engine cooling water (excluding
ballast water and oily wastes from bilge pumping), from
a vessel;
(E) from vessel engine exhaust; or
(F) that--
(i) originates in the Russian River
Watershed outside the boundaries of the Gulf of
the Farallones National Marine Sanctuary;
(ii) originates from the Bodega Marine
Laboratory; and
(iii) is permitted under a National
Pollution Discharge Elimination System permit
that is in effect on the date of enactment of
this Act, or under a new or renewed National
Pollution Discharge Elimination System permit
that does not increase pollution in the
Sanctuaries.
(d) Consultation Requirement for Changes in Water Flow.--Any
Federal, State or local government agency that is responsible for
significant alteration of fresh water flow regimes that may affect the
Sanctuaries must consult with the Secretary prior to initiating such
change in order to ensure sanctuary resources are not injured.
(e) Penalties and Enforcement.--A violation of this section shall
be treated as a violation of section 306 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1436).
SEC. 7. MANAGEMENT PLANS AND REGULATIONS.
(a) Interim Plan.--The Secretary shall complete an interim
supplemental management plan for each of the Sanctuaries by not later
than 30 months after the date of enactment of this Act, that focuses on
management in the areas added under this Act. These supplemental plans
shall not weaken existing resource protections.
(b) Revised Plans.--The Secretary shall issue a revised
comprehensive management plan for each of the Sanctuaries during the
next management review process required by section 304 of the National
Marine Sanctuaries Act (16 U.S.C. 1434(e)) for the Sanctuaries, and
issue such final regulations as may be necessary.
(c) Application of Existing Regulations.--The regulations for the
Gulf of the Farallones National Marine Sanctuary (15 C.F.R. 922,
subpart H) and the Cordell Bank National Marine Sanctuary (15 C.F.R.
922, subpart K) shall apply to the areas added to the Sanctuaries under
section 5 until the Secretary modifies such regulations in accordance
with this section.
(d) Procedures.--In developing the revisions under this section,
the Secretary shall follow the procedures specified in sections 303 and
304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16
U.S.C. 1433 and 1434), except those procedures requiring the
delineation of national marine sanctuary boundaries and development of
a resource assessment report.
(e) Contents of Plans.--Revisions to each comprehensive management
plan under this section shall, in addition to matters required under
section 304(a)(2) of the Marine Protection, Research and Sanctuaries
Act of 1972 (16 U.S.C. 1434(A)(2))--
(1) facilitate all public and private uses of each of the
Sanctuaries consistent with the primary objective of sanctuary
resource protection;
(2) establish temporal and geographical zoning if necessary
to ensure protection of sanctuary resources;
(3) identify priority needs for research which will--
(A) improve management of each of the Sanctuaries;
(B) diminish threats to the health of the
ecosystems in the Sanctuaries; or
(C) fulfill both of subparagraphs (A) and (B);
(4) establish a long-term ecological monitoring program and
database, including the development and implementation of a
resource information system to disseminate information on the
Sanctuaries' ecosystem, history, culture and management;
(5) identify alternative sources of funding needed to fully
implement the plan's provisions and supplement appropriations
under section 313 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1444);
(6) ensure coordination and cooperation between Sanctuary
managers and other Federal, State, and local authorities with
jurisdiction within or adjacent to the Sanctuaries;
(7) in the case of revisions to the plan for the Farallones
NMS, promote cooperation with farmers and ranchers operating in
the watersheds adjacent to the Gulf of the Farallones NMS and
establish voluntary best practices programs for farming and
ranching;
(8) promote cooperative and educational programs with
fishing vessel operators and crews operating in the waters of
the Sanctuaries, and, whenever possible, include individuals
who engage in fishing and their vessels in cooperative
research, assessment, and monitoring programs of the education,
among users of the Sanctuaries, about conservation and
navigational safety and the conservation of those resources;
and
(9) promote education, among users of the Sanctuaries,
about conservation and navigation safety.
(f) Public Participation.--The Secretary shall provide for
participation by the general public in the revision of the
comprehensive management plans and regulations under this section.
SEC. 8. FEASIBILITY OF A NEW SANCTUARY DESIGNATION.
(a) Review and Recommendation.--As part of the first review,
following the date of enactment of this Act, of the Gulf of the
Farallones National Marine Sanctuary Management Plan pursuant to
section 304(e) of the National Marine Sanctuaries Act (16 U.S.C.
1434(e)), the Secretary shall--
(1) conduct a review of the operations of the Farallones
NMS; and
(2) following not less than one public hearing held in the
area added to the Farallones NMS by this Act and the receipt of
public comment, determine whether that area shall be designated
as a new and separate National Marine Sanctuary.
(b) Considerations for Determination.--In making the determination
under subsection (a)(2), the Secretary shall consider responsiveness to
local needs, the effectiveness of conservation, education and volunteer
programs, and organizational efficiency.
(c) Implementation of Determination.--If the Secretary determines
under subsection (b) to designate a new national marine sanctuary, the
Secretary shall implement measures to assure a smooth and effective
transition to a separate national marine sanctuary.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries and Oceans.
Executive Comment Requested from Commerce.
Sponsor introductory remarks on measure. (CR H11566)
Sponsor introductory remarks on measure. (CR H2782-2783)
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