[Congressional Record Volume 154, Number 49 (Monday, March 31, 2008)]
[House]
[Pages H1775-H1778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES
BOUNDARY MODIFICATION AND PROTECTION ACT
Mr. KENNEDY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1187) to expand the boundaries of the Gulf of the Farallones
National Marine Sanctuary and the Cordell Bank National Marine
Sanctuary, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
[[Page H1776]]
H.R. 1187
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:
(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.
(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.
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, 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
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 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
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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.
(C) Mariculture operations in the Sanctuaries.
(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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary--
(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
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Rhode Island (Mr. Kennedy) and the gentleman from Utah (Mr. Bishop)
each will control 20 minutes.
The Chair recognizes the gentleman from Rhode Island.
General Leave
Mr. KENNEDY. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Rhode Island?
There was no objection.
Mr. KENNEDY. Madam Speaker, I yield myself such time as I may
consume.
H.R. 1187, the Gulf of Farallones and Cordell Bank National Marine
Sanctuaries Boundary Modification and Protection Act was introduced by
our colleague from California (Ms. Woolsey) and is cosponsored by 51
additional Members. This bill would expand the Gulf of Farallones and
Cordell Bank National Marine Sanctuaries to protect and preserve an
additional 1,739 square nautical miles to the marine environment due
north and west of the existing sanctuaries. These additions would
protect virtually the entire upwelling region, which is critical to the
ecosystem's productivity, particularly the health of many valuable
commercial and recreational fisheries in the area.
I ask Members on both sides to support the passage of this important
legislation.
I reserve the balance of my time.
Mr. BISHOP of Utah. I rise in opposition to this legislation. This
legislation would double the size of two of the marine sanctuaries off
the coast of California, adding approximately 1,200 square miles and
almost 100 miles of coastline, and with little or absolutely no public
comment. Moreover, this is happening at the very same time that the
management plans for the two sanctuaries are being reviewed by the
National Oceanic and Atmospheric Administration, or NOAA. NOAA could
have considered this expansion during the ongoing process, but it did
not because it considered the expansion to be complicated and something
that would require effort, analysis, and public input. This legislation
ignores the need for public comment on a very complicated expansion.
The entire intent of this legislation could be accomplished through
public process that already exists. But, unfortunately, Congress can't
wait to hear from the people. It is sad that the citizens of
California, who are most affected by this legislation, will not have
the opportunity to comment on this expansion in the normal statutory
public comment process.
Again, I reluctantly oppose this legislation.
I reserve the balance of my time.
Mr. KENNEDY. Well, I think that we should hear really from the person
most knowledgeable about this legislation, the author of this,
Representative Woolsey, to whom I now yield the balance of our time.
Ms. WOOLSEY. Thank you, Mr. Chairman and Mr. Ranking Member.
I would like to respond quickly to the ``no public review.'' This
bill has been subject to over 3 years of public review. It first faced
public scrutiny at a public hearing that I hosted in August of 2004, in
Sonoma County, was attended by the Director of the Marine Sanctuary
Program, marine scientists, fishermen, and a standing room-only crowd
of public who were interested.
It has been reviewed and endorsed by both the Sanctuary Advisory
Committees, the bodies who initiate sanctuary regulations; the
California Coastal Commission, the State Lands Commission, and the
Supervisors of Marin, Sonoma, San Francisco, and Mendocino Counties,
and many, many of our City Councils. All of these meetings were
noticed, all of them were open to public comment.
The bill also received a hearing before the Oceans Subcommittee, and
has gone through committee and subcommittee markup. So thank you for
bringing that up so I could clarify that, Mr. Ranking Member.
Madam Speaker, my district, just across the Golden Gate Bridge, north
of San Francisco, includes all of Marin and most of Sonoma Counties,
where we are blessed with many environmental treasures. In fact, it is
one of the most beautiful places on earth. I don't say that just
because I am the Congresswoman from that area. It is beautiful.
One of the reasons for this source of beauty and our great pride is
our pristine coastline and the Pacific Ocean that lies beyond it. An
area this unique must be protected by the full power of our
conservation laws.
{time} 1415
That is why I am pleased that H.R. 1187, the Gulf of the Farallones
and Cordell Bank National Marine Sanctuaries Boundary Modification and
Protection Act, is here before us today.
H.R. 1187 will expand the boundaries of two existing marine
sanctuaries in order to more fully protect a unique upwelling system,
which is one of only four in the world. This system provides a nutrient
rich environment for fish and all other types of marine life.
Upwelling is a process where deep, cold, nutrient-rich waters rise
into warmer waters, bringing with it an abundance of food to support a
variety of marine life. Actually this area is so special and it is so
productive that it
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comprises only 1 percent of the ocean, but produces 20 percent of the
world's fish. This in turn supports 36 species of marine mammals,
including whales, elephant seals, sea lions and other seals.
But it is not only marine mammals who feast on the abundance of fish.
The waters off the Sonoma and Mendocino County coasts support fleets of
fishermen. That is why I worked so closely with the Pacific Coast
Federation of Fishing Associations, the PCFFA, in carefully crafting
this bill.
Fishermen have had a good relationship with the Gulf of the
Farallones and the Cordell Bank National Marine Sanctuary for over 20
years because they respect that good stewardship of our oceans produces
better catches. H.R. 1187 will serve to strengthen this partnership for
years and years to come.
Madam Speaker, H.R. 1187 is a well thought out, carefully crafted
bill that brings together diverse stakeholders, including the National
Oceanic and Atmospheric Administration, NOAA, the fishing industry,
State and local governments, conservation groups and marine scientists,
all who agree that these proposed sanctuary areas are national
treasures that absolutely deserve protection.
As a mother and a grandmother, I want to see these treasures
protected for years to come so that my kids, so that my grandkids, and
so that their children and your children and your grandchildren will be
able to enjoy the same unspoiled coasts and clean waters that we enjoy
today.
Madam Speaker, I would like to thank Chairman Rahall, Ranking Member
Young and Chairwoman Bordallo for bringing my bill to the floor today.
I would like to thank Chairman Kennedy and Ranking Member Bishop, all
who have been part of reviewing and bringing H.R. 1187 to the floor. I
thank you all, and I urge my colleagues to support it.
Mr. BISHOP of Utah. Madam Speaker, it is certainly hopeful that with
the passage of this bill we will have faith in NOAA to administer this
territory, since we obviously with passage of this bill don't trust
them to evaluate or make recommendations.
Madam Speaker, I yield back the balance of my time.
Mr. KENNEDY. Madam Speaker, we don't have any more speakers, but
before closing I want to note that the chairwoman of the Subcommittee
on Fisheries, Wildlife and Oceans, Chairwoman Madeleine Bordallo, is
presently en route from Guam and wouldn't be able to be here for this,
but she does support passage of this bill. I just wanted to make note
of that.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Rhode Island (Mr. Kennedy) that the House suspend the
rules and pass the bill, H.R. 1187, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to expand the
boundaries of the Gulf of the Farallones National Marine Sanctuary and
the Cordell Bank National Marine Sanctuary, and for other purposes.''.
A motion to reconsider was laid on the table.
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