[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 880

To expand the boundaries of the Gulf of the Farallones National Marine 
       Sanctuary and the Cordell Bank National Marine Sanctuary.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 2005

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 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.

    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 the Oceans Act of 2000 (Public Law 106-256; 33 
        U.S.C. 857-19 note) calls for comprehensive protection for the 
        most productive ocean environments and recommends that such 
        environments 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 922.110 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 the Farallones NMS 
        and Cordell Bank NMS are located; and
            (2) include on such charts the boundaries of the 
        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 (16 U.S.C. 1432)); 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 
                        Farallones NMS, as expanded by section 5;
                            (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>