[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2635 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2635

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

                           February 13, 2008

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 and location 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) Person.--The term ``person'' means--
                    (A) any private or public individual, corporation, 
                partnership, trust, institution, association, or other 
                entity, whether foreign or domestic; or
                    (B) any officer, employee, agent, department, 
                agency, or instrumentality of--
                            (i) the Federal Government;
                            (ii) any State, tribal, or local unit of 
                        government; or
                            (iii) 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 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 38.26500 degrees north, 
                123.18166 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 
                38.26500 degrees north, 123.18166 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, 123.66666 degrees 
                west, approximately 28 nautical miles west of Bodega 
                Head. The boundary then turns southward and continues 
                approximately 32 nautical miles to 37.83333 degrees 
                north, 123.66666 degrees west, and then approximately 
                11 nm eastward to 37.83333 north, 123.42333 west at an 
                intersection with the current Gulf of the Farallones 
                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 38.26500 degrees north, 123.18166 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 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.
    (e) Boundary Adjustments.--In producing revised charts as directed 
by subsection (d) of this section 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 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 and their successors 
        conducting bivalve farming operations that are in existence on 
        the date of enactment of this Act, and shall not apply to their 
        successors in such operations.
            (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 introduced species 
                in the Sanctuaries.
            (2) Changes in salinity.--No person shall cause a change of 
        salinity in the Sanctuaries that injures, causes the loss of, 
        or destroys any sanctuary resource.
            (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 biodegradable effluents incidental to vessel 
                use and generated by an operable Type I or II marine 
                sanitation device (as classified by the Coast Guard) 
                that is approved in accordance with section 312 of the 
                Federal Water Pollution Control Act (33 U.S.C. 1322) if 
                all marine sanitation devices on the vessel are secured 
                in a manner that prevents discharge of untreated sewage 
                from a Type I or Type II Coast Guard-approved 
                sanitation devices on the vessel, except that this 
                subparagraph does not apply with respect to a discharge 
                from a cruise ship within the boundaries of either of 
                the Sanctuaries;
                    (C) of biodegradable material resulting from deck 
                wash down from a vessel;
                    (D) from vessel engine exhaust; or
                    (E) 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).
    (f) Secretarial Authority Not Limited.--
            (1) In general.--Except as provided in paragraph (2), 
        nothing in this Act limits the authority of the Secretary to 
        prohibit, allow, or otherwise regulate the discharge of 
        materials or other substances.
            (2) Limitation with respect to discharges.--The Secretary 
        may only modify the regulation of those activities listed in 
        subsection (c) to further protection of sanctuary resources and 
        qualities.

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 to the Sanctuaries under this Act. The 
Secretary shall ensure that 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 
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 each of 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), respectively, shall apply to the areas added to the 
relevant Sanctuary under section 5 until the Secretary modifies such 
regulations in accordance with this section.
    (d) 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 the national 
        marine sanctuary to which the 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 nonpoint discharges 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 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 and educational 
        programs to promote sustainable fisheries, conservation of 
        resources, and navigational safety; and
            (9) promote education, among users of the Sanctuaries, 
        about conservation and navigation safety.
    (e) 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 
initiated after 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 
        Sonoma County, California, and the receipt of public comment, 
        determine whether the aea of the Gulf of the Farallones 
        National Marine Sanctuary expanded by this Act 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>