[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1187 Reported in Senate (RS)]
Calendar No. 1098
110th CONGRESS
2d Session
H. R. 1187
[Report No. 110-516]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1 (legislative day, March 13), 2008
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
October 1 (legislative day, September 17), 2008
Reported by Mr. Inouye, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
To expand the boundaries of the Gulf of the Farallones National Marine
Sanctuary and the Cordell Bank National Marine Sanctuary, and for other
purposes.
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 the ecological
value and national importance of 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 and location of
fishing activities in the Sanctuaries.
SEC. 4. DEFINITIONS.
In this Act:
<DELETED> (1) Mariculture.--The term ``mariculture'' means
the propagation or rearing of aquatic organisms in controlled
or selected aquatic environments for any commercial,
recreational, or public purpose.</DELETED>
(2) </DELETED>(1) Cordell bank nms.--The term ``Cordell
Bank NMS'' means the Cordell Bank National Marine Sanctuary.
<DELETED>(3) </DELETED>(2) Farallones nms.--The term
``Farallones NMS'' means the Gulf of the Farallones National
Marine Sanctuary.
<DELETED>(4) </DELETED>(3) 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.
<DELETED>(5) </DELETED>(4) Secretary.--The term
``Secretary'' means the Secretary of Commerce.
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 high water line 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 the 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) commences from the mean high
water line (MHWL) at 39.00000 degrees north in a
westward direction approximately 29 nautical miles (nm)
to 39.00000 north, 124.33333 west. The boundary then
extends in a southeasterly direction to 38.30000
degrees north, 124.00000 degrees west, approximately 44
nm westward of Bodega Head. The boundary then extends
eastward to the most northeastern corner of the
expanded Cordell Bank NMS at 38.30000 north, 123.20000
degrees west, approximately 6 nm miles westward of
Bodega Head. The boundary then extends in a
southeasterly direction to <DELETED>38.26500
</DELETED>38.26390 degrees north, <DELETED>123.18166
</DELETED>123.18138 degrees west at the northwestern
most point of the current Gulf of the Farallones
Boundary. The boundary then follows the current
northern Gulf of the Farallones NMS boundary in a
northeasterly direction to the MHWL near Bodega Head.
The boundary then follows the MHWL in a northeasterly
direction to the commencement point at the intersection
of the MHWL and 39.00000 north. Coordinates listed in
this subparagraph are based on the North American Datum
1983 and the geographic projection.
(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 (A) commences at the most northeastern
point of the current Cordell Bank NMS boundary at
<DELETED>38.26500 </DELETED>38.26390 degrees north,
<DELETED>123.18166 </DELETED>123.18138 degrees west and
extends northwestward to 38.30000 degrees north,
123.20000 degrees west, approximately 6 nautical miles
(nm) west of Bodega Head. The boundary then extends
westward to 38.30000 degrees north, 124.00000 degrees
west, approximately 44 nautical miles west of Bodega
Head. The boundary then turns southeastward and
continues approximately 34 nautical miles to 37.76687
degrees north, 123.75142 degrees west, and then
approximately 15 nm eastward to 37.76687 north,
123.42694 west at an intersection with the current
Cordell Bank NMS boundary. The boundary then follows
the current Cordell Bank NMS, which is coterminous with
the current Gulf of the Farallones boundary, in a
northeasterly and the northwesterly direction to its
commencement point at <DELETED>38.26500
</DELETED>38.26390 degrees north, <DELETED>123.18166
</DELETED>123.18138 degrees west. Coordinates listed in
this subparagraph are based on NAD83 Datum and the
geographic projection.
(c) Inclusion in the System.--The areas included in the Sanctuaries
under subsections (a) and (b) 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 shall--
(1) produce updated National Oceanic and Atmospheric
Administration nautical charts for the areas in which the
Sanctuaries are located; and
(2) include on those nautical charts the boundaries of the
Sanctuaries, as revised by this Act.
(e) Boundary Adjustments.--In producing revised nautical charts as
directed by subsection (d) and in describing the boundaries in
regulations issued by the Secretary, the Secretary may make technical
modifications to the boundaries described in this section for clarity
and ease of identification, as appropriate.
SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PERMITTING.
No lease or permit may be issued that authorizes exploration,
development, production, or transporting by pipeline of minerals or
hydrocarbons within the Sanctuaries.
SEC. 7. MANAGEMENT PLANS AND REGULATIONS.
(a) Interim Plan.--The Secretary shall complete an interim
supplemental management plan for the Sanctuaries by not later than 24
months after the date of enactment of this Act, that focuses on
management in the areas added to the Sanctuaries under this Act. The
Secretary shall ensure that the supplemental plan does not weaken
existing resource protections.
(b) Revised Plans.--The Secretary shall issue a revised
comprehensive management plan for the Sanctuaries during the first
management review initiated after the date of the enactment of this Act
under section 304(e) 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), including any changes made as a result of a joint
management plan review for the Sanctuaries conducted pursuant to
section 304(e) of the National Marine Sanctuaries Act (16 U.S.C.
1434(e)), shall apply to the areas added to each Sanctuary,
respectively, under section 5 until the Secretary modifies such
regulations in accordance with subsection (d) of this section.
(d) Revised Regulations.--
(1) In general.--The Secretary shall carry out an
assessment of necessary revisions to the regulations for the
Sanctuaries in a manner that ensures the protection of the
resources of the Sanctuaries consistent with the purposes and
policies of the National Marine Sanctuaries Act and the goals
and objectives for the new areas added to each sanctuary under
section 5 of this Act. The assessment and any corresponding
regulatory changes shall be complete within 24 months of the
date of enactment of this Act.
(2) Regulation of specific activities.--In revising the
regulations for the Sanctuaries pursuant to this subsection,
the Secretary shall consider appropriate regulations for the
following activities:
(A) The deposit or release of introduced species.
(B) The alteration of stream and river drainage
into the Sanctuaries.
<DELETED> (C) Mariculture operations in the
Sanctuaries.</DELETED>
(3) Considerations.--In revising the regulations for the
Sanctuaries pursuant to this subsection, the Secretary shall
consider exempting from further regulation under the National
Marine Sanctuaries Act and this Act discharges that are
permitted under a National Pollution Discharge Elimination
System permit 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 and that originates--
(A) in the Russian River Watershed outside the
boundaries of the Gulf of the Farallones National
Marine Sanctuary; or
(B) from the Bodega Marine Laboratory.
(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 appropriate public and private uses of
the national marine sanctuary to which each respective plan
applies 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 that will--
(A) improve management 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
superintendents and other Federal, State, and local authorities
with jurisdiction over areas within or adjacent to the
Sanctuaries to deal with issues affecting the Sanctuaries,
including surface water run-off, stream and river drainages,
and navigation;
(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 Farallones NMS and establish
voluntary best management practices programs;
(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 and educational
programs to promote sustainable fisheries, conservation of
resources, and navigational safety; and
(9) promote education and public awareness, among users of
the Sanctuaries, about the need for marine resource
conservation and safe navigation and marine transportation.
(f) Public Participation.--The Secretary shall provide for
participation by the general public in the revision of the
comprehensive management plans and relevant regulations under this
section.
<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated to the Secretary--
</DELETED>
<DELETED> (1) $3,000,000 to carry out this Act for each of
fiscal years 2009 through 2013, other than for construction and
acquisition projects; and</DELETED>
<DELETED> (2) $3,500,000 for fiscal year 2009 and such sums
as may be necessary for each of fiscal years 2010 through 2013
for construction and acquisition projects related to the
Sanctuaries.</DELETED>
</DELETED>Calendar No. 1098
110th CONGRESS
2d Session
H. R. 1187
[Report No. 111-516]
_______________________________________________________________________
AN ACT
To expand the boundaries of the Gulf of the Farallones National Marine
Sanctuary and the Cordell Bank National Marine Sanctuary, and for other
purposes.
_______________________________________________________________________
October 1 (legislative day, September 17), 2008
Reported with amendments