[Congressional Record Volume 151, Number 76 (Thursday, June 9, 2005)]
[Senate]
[Pages S6337-S6339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mr. Lautenberg):
  S. 1224. A bill to protect the oceans, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mrs. BOXER. Mr. President, as we commemorate World Oceans Week, we 
celebrate the wonder and beauty of the world's oceans. We celebrate the 
role our oceans play in commerce, fishing and shipping. We celebrate 
the beauty of our coral reefs and the potential lifesaving cures they 
might contain. And we celebrate our commitment to improving the health 
of our oceans, so that our children and grandchildren will have a 
chance to enjoy and cherish them.
  That is why I am pleased to introduce the National Oceans Protection 
Act of 2005--comprehensive legislation to improve the health and 
governance of our oceans. The bill is co-sponsored by Senator 
Lautenberg.
  This legislation ``was written after two major oceans commission 
reports in the past two years determined that our oceans are in a state 
of crisis. The congressionally-established U.S. Commission on Ocean 
Policy and the independent Pew Oceans Commission provided detailed 
descriptions of the challenges our oceans are facing as well as 
specific solutions to improve ocean health.
  From pollution to over-fishing to invasive species, there are many 
factors that have contributed to the current crisis in which we find 
ourselves. Pollution threatens all aspects of ocean health. Every 8 
months, nearly 11 million gallons of oil flow from American roads into 
our waters--the equivalent of the Exxon Valdez oil spill.
  Our oceans are also showing signs of being over-fished, which affects 
the communities that depend on fish stocks for their livelihood. Many 
fish populations, including salmon, face the threat of being depleted 
to seriously low levels. Invasive species--such as the killer algae 
found near San Diego in 2000--are another threat to ocean health. In 
the San Francisco Bay alone, more than 175 invasive species threaten to 
overwhelm native species.
  By targeting some of the most serious challenges facing our oceans, 
as outlined in the Commissions' reports, my legislation provides a 
comprehensive national approach to oceans protection and preservation.
  Let me just mention a couple of the important provisions in four key 
areas:
  First, the bill improves the governance of the oceans by giving the 
National Oceanic and Atmospheric Administration the independence it 
needs to better facilitate the management and oversight of our oceans.
  Second, the bill protects and conserves marine wildlife and habitat 
by, among other things, creating protection areas and authorizing $50 
million per year in grants to local communities to restore fisheries 
and coastal areas.
  Third, the bill strengthens fisheries and encourages sustainable 
fishing in a number of ways, including requiring that entire ecosystems 
be taken into account when considering the health of a fishery.
  And, fourth, the bill improves the quality of ocean water by 
establishing maximum amounts of pollution that a body of water can hold 
and still be healthy. In addition, financial assistance will be 
provided to local governments to reduce pollution and increase 
monitoring.
  For their contributions to this legislation and their great 
leadership on

[[Page S6338]]

oceans issues, I would like to thank Senators Inouye, Gregg, 
Lautenberg, and Levin, as well as former Senator Hollings.
  It is my hope that this bill will provide the framework needed to 
protect and improve our oceans. The great environmentalist and ocean-
explorer Jacques Cousteau once said, ``If we were logical, the future 
would be bleak, indeed. But we are more than logical. We are human 
beings, and we have faith, and we have hope, and we can work.''
  As we celebrate World Oceans Week, it is my hope that we can work 
together to provide a bright future for the world's oceans and continue 
to protect our coastal economy.
  I encourage my colleagues to join me in this effort to implement the 
recommendations of the U.S. Commission on Ocean Policy and the Pew 
Ocean Commission.
  I ask unanimous consent that a summary of the bill and list of 
endorsements be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                   The National Oceans Protection Act


               1. IMPROVING THE GOVERNANCE OF THE OCEANS

     The Ernest ``Fritz'' Hollings National Ocean Policy and 
         Leadership Act
       Establishes an independent National Oceanic and Atmospheric 
     Administration (NOAA).
       Independence will occur after a two-year transition period.
       Creates a Council on Ocean Stewardship that will annually 
     review funding, policy recommendations, and programs for 
     ocean protection.
       The Council will function as a federal coordinating body of 
     the various agencies that deal with oceans issues, and will 
     be placed in the Executive Office of the President.
     Other Governance Provisions
       Requires that all activities on the Outer Continental 
     Shelf--such as wave energy projects, bioextraction by biotech 
     companies, and wind energy projects--receive a federal permit 
     to ensure that projects do not pose an adverse threat to the 
     health of the oceans current law only requires permits for 
     oil and gas activities.
       NOAA, working with other relevant agencies such as the EPA 
     or the Army Corps of Engineers, will develop the permitting 
     process, specifically to protect and preserve the marine 
     environment, conserve fisheries and natural resources, and 
     protect public health and safety.
       NOAA makes the final determination of whether the activity 
     poses a threat to any of these interests--and if so, a permit 
     will not be given.
       Establishes a Trust Fund in the U.S. Treasury and 
     administered by NOAA composed of Federal money generated from 
     these newly permitted activities; funds will be used for 
     ocean conservation, science and research, and assistance to 
     displaced fishermen.
       Prohibits NOAA from issuing any lease for marine 
     aquaculture until strong national standards and regulations 
     are issued to protect fish stocks from disease, parasites, 
     and invasive species and to prevent water quality impairment.


        2. PROTECTING AND CONSERVING MARINE WILDLIFE AND HABITAT

       Provides protection for ecologically-important coral areas 
     by creating ``Coral Management Areas.''
       NOAA must carry out a comprehensive ocean exploration and 
     mapping program to determine areas where coral and other 
     creatures live and the marine environments on which they 
     depend for food and habitat.
       Based on this data, NOAA may establish Coral Management 
     Areas, which would trigger protection from certain fishing 
     gear and practices, such as `rockhopper' trawling gear on 
     fishing nets that tear up essential habitat.
       Authorizes $3 million per year for research on the effects 
     of noise pollution (i.e. sonar) on marine mammals.
       Establishes a voluntary buyback program for environmentally 
     and ecologically unsafe ``gear''--such as boat engines.
       Prohibits almost all discharges of ballast water in U.S. 
     waters and requires ships to install technology to capture 
     invasive species in ballast water before discharge--and 
     creates an early detection and rapid response system to 
     provide assistance to states to protect against invasive 
     species.
       Authorizes $50 million per year in grants to local 
     communities to restore fishery and coastal habitats.
       Authorizes $500 million per year in grants to local 
     communities to purchase lands that are vulnerable to 
     development and are important to the protection and 
     preservation of habitats.


              3. STRENGTHENING FISHERIES AND FISH HABITAT

       Requires that, when determining the health of a fishery, 
     the entire ecosystem be taken into account, not just the 
     health of a particular fish species.
       Each regional fishery council must establish a science and 
     statistical committee (SSC) to help develop, collect, and 
     evaluate statistical, biological, economic, social, and other 
     scientific information--the regional councils must then set 
     fish take allowances that are consistent with the SSC 
     determinations, but even greater conservation measures can be 
     taken.
       Authorizes $115 million over five years for NOAA and the 
     regional fishery councils to develop ecosystem-wide plans to 
     protect and sustain fisheries.
       Requires NOAA to establish standards for reducing bycatch 
     and authorizes $55 million over five years to monitor 
     compliance with those standards.
       Creates Individual Fishing Quotas (IFQ) that are equitably 
     allocated and that protect against bycatch, overfishing, and 
     economic harm to local communities.


                4. IMPROVING THE QUALITY OF OCEAN WATER

       Requires EPA to establish maximum amounts of nutrient 
     runoff pollution that a body of water can hold and still be 
     healthy, taking into account regional conditions and 
     reasonable economic considerations.
       Requires water utilities to establish water treatment 
     standards to remove nutrient pollution.
       Mandates best management practices for agriculture--
     requiring farmers, to the greatest extent practicable, to 
     take steps to curtail runoff.
       Expedites beach pollution testing and posting by 
     determining which beaches are most at risk of dangerous water 
     conditions and requiring beach closures as soon as 
     practicable but not longer than 48 hours after discovery.
       Requires public notification and testing of sewer 
     overflows.
       Authorizes $11.2 billion per year in funding for state and 
     local governments to reduce stormwater pollution and to 
     increase monitoring and testing.
       Requires a survey and continuous monitoring of contaminated 
     sediments that are threats to bodies of water, and 
     establishes standards to protect sensitive aquatic species 
     from contaminated sediments.
                                  ____


         Support for the National Oceans Protection Act of 2005


                         NATIONAL ORGANIZATIONS

       Natural Resources Defense Council; The Ocean Conservancy; 
     Oceana; Sierra Club; National Environmental Trust; Worldwide 
     Fund for Conservation; U.S. PIRG; Defenders of Wildlife; E2 
     (Environmental Entrepreneurs); Ocean Champions; Blue Frontier 
     Campaign; Pacific Coast Federation of Fishermen's 
     Associations; Marine Fish Conservation Network; The Humane 
     Society; ASPCA; Seaflow; Surfrider; Association of National 
     Estuary Programs; Ocean Defense International; Earth Island 
     Institute; Waterkeepers; America's Whale Alliance; Center for 
     International Environmental Law; Acoustic Ecology Institute; 
     Greenpeace Foundation; Earthtrust; Western Wildlife 
     Conservancy; Mangrove Action Project; The Whaleman 
     Foundation; Campaign to Safeguard America's Waters; Reef 
     Relief; WildLaw; Conservation Law Foundation; Cook Inlet 
     Keeper; Cry of the Water; Global Coral Reef Alliance; Save 
     Our Shoreline, Inc; Marine Conservation Biology Institute; 
     Public Employees for Environmental Responsibility (PEER); 
     Reef Protection International; International Forum on 
     Globalization; The Ocean Mammal Institute; Endangered Species 
     Coalition.


                        california organizations

       California League of Conservation Voters; Aquatic 
     Adventures Science Education Foundation, San Diego; The Bay 
     Institute, Novato; Baykeeper, San Francisco; Bolinas Lagoon 
     Foundation, Stinson Beach; California Greenworks, Buena Park; 
     Catalina Island Conservancy, Avalon; Community Environmental 
     Council, Santa Barbara; Crystal Cove Alliance, Corona Del 
     Mar; Endangered Habitats League, Los Angeles; The 
     Environmental Action Committee of West Marin, Point Reyes 
     Station; Environmental Center of San Luis Obispo County, San 
     Luis Obispo; Environmental Defense Center, Santa Barbara; 
     Friends of Santa Ana Zoo, Santa Ana; Friends of the Sea 
     Otter, Pacific Grove; Golden Gate Audubon Society, Berkeley; 
     Grassroots Coalition, Los Angeles; Guadalupe-Nipomo Dunes 
     Center and Guadalupe-Nipomo Dunes Collaborative; Heal the 
     Bay, Santa Monica; Huntington Beach Tree Society, Huntington 
     Beach; The Marine Mammal Center, Sausalito; Monterey Bay 
     Aquarium, Monterey Monterey Bay Sanctuary Foundation, 
     Monterey Moss Landing Marine Laboratories, Moss Landing; 
     Newport Bay Naturalists and Friends, Newport Beach; The Ocean 
     Conservancy, Santa Cruz Field Office Ocean Institute, Dana 
     Point; O'Neill Sea Odyssey, Santa Cruz; The Orange County 
     Interfaith Coalition for the Environment, Tustin; PRBO 
     Conservation Science, Stinson Beach; San Diego Audubon 
     Society, San Diego; San Diego Baykeeper San Francisco Zoo, 
     San Francisco; San Luis Bay Surfrider Foundation, San Luis 
     Obispo San Luis Obispo Coastkeeper, San Luis Obispo; Santa 
     Barbara Channelkeper, Santa Barbara; Santa Monica Bay Audubon 
     Society, Santa Monica Save Our Shores, Santa Cruz; Sea 
     Studios Foundation, Monterey; Southwest Wetlands Interpretive 
     Association, Imperial Beach; Steinhart Aquarium at the 
     California Academy of Sciences, San Francisco; Surfrider 
     Foundation, Marin County; Surfrider Foundation--Monterey 
     Chapter; Trillium Press, Brisbane; Wildcoast, Imperial Beach; 
     Wishtoyo Foundation, Oxnard; Baykeeper, San Francisco; 
     Catalina Island Conservancy, Avalon; Environmental Defense 
     Center, Santa Barbara; The Marine Mammal Center, Sausalito.


                           ELECTED OFFICIALS

       Marty Blum, Mayor, City of Santa Barbara; Harold Brown, 
     President, Marin County Board of Supervisors; Denise Moreno

[[Page S6339]]

     Ducheny, California State Senator, 40th District; Donna Frye, 
     Councilniember, City of San Diego; Fred Keeley, Treasurer-Tax 
     Collector, County of Santa Cruz; Christine Kehoe, California 
     State Senator, 39th District; John Laird, California State 
     Assembly member, 27th Assembly District; Patricia McCoy, 
     Councilmember, City of Imperial Beach; Kevin McKeown, 
     Councilmember, City of Santa Monica; Aaron Peskin, President, 
     San Francisco Board of Supervisors; Wayne Rayfield, Mayor, 
     City of Dana Point; Murray Rosenbluth, Mayor, City of Port 
     Hueneme; Diana Rose, Mayor, City of Imperial Beach; Susan 
     Rose, Supervisor, Santa Barbara County; Bill Rosendahl, 
     Councilmember-Elect, City of Los Angeles; Lori Saldafina, 
     Californa State Assembly member and Assistant Majority Whip, 
     76th District; Esther Sanchez, Deputy Mayor, City of 
     Oceanside; Das Williams, Councilmember, City of Santa 
     Barbara; Mayda Winter, Councilmember, City of Imperial Beach.


                              INDIVIDUALS

       Jean-Michel Cousteau, President, Ocean Futures Society; Dr. 
     Sylvia Earle, Explorer-in Residence, the National Geographic 
     Society; Gary Griggs, Director, Institute of Marine Sciences, 
     University of California Santa Cruz; David Helvarg, Author, 
     Blue Frontier--Saving America's Living Seas; Kurt Lieber, 
     President and Founder, Ocean Defenders Alliance; Mark 
     Silberstein, Executive Director, Elkhorn Slough Foundation; 
     Dr. Susan Williams, Director, Bodega Marine Laboratory.


                          OTHER ORGANIZATIONS

       Gulf of Mexico Foundation; Turtle Island Restoration 
     Network; Potomac Riverkeeper; Coastwalk; Gulf Restoration 
     Network; Florida Oceanographic Society; Patapsco Riverkeeper, 
     Inc.; The Coastal Marine Resource Center of New York; New 
     York Whale and Dolphin Action League; San Francisco Ocean 
     Film Festival.

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