[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[House]
[Pages 4503-4506]
[From the U.S. 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:

                               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.

[[Page 4504]]

       (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 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);

[[Page 4505]]

       (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 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

[[Page 4506]]

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.
  Mr. FARR. Madam Speaker, I rise in support of H.R. 1187, the Gulf of 
the Farallones and Cordell Bank National Marine Sanctuaries Boundary 
Modification and Protection Act authored by my friend Representative 
Woolsey.
  I am proud to say that I represent the 2nd largest National Marine 
Sanctuary in the system, which also includes the longest stretch of 
coastline. I can attest to their value in preservation of some of the 
most stunning seascapes in the world and in education of the public. 
The Gulf of the Farallones and the Cordell Bank National Marine 
Sanctuaries are adjacent to the Monterey Bay National Marine Sanctuary, 
and they have national and international significance. These 
sanctuaries exceed the biological productivity of tropical rain forests 
and support high levels of biological diversity.
  The sanctuaries were established ``to maintain the natural biological 
communities in the national marine sanctuaries, and to protect, and, 
where appropriate, restore and enhance natural habitats, populations, 
and ecological processes.'' They are the ``National Parks'' of our 
ocean. As such, they were the first application of ecosystem-based 
management to our oceans. This type of management is recommended by the 
U.S. Commission on Ocean Policy, which we in Congress created and 
charged with the study of the state of the oceans and the management of 
this shared, valuable resource.
  The expansion of the boundaries of the Gulf of the Farrallones and 
the Cordell Bank National Marine Sanctuaries will protect a vital part 
of the California Coast and the upwelling zones, which form the basis 
of the fisheries in the Pacific Ocean. Expanding these boundaries will 
also help to preserve these exceptional underwater environments. We are 
the stewards of our oceans and coasts, and we are failing them. The 
oceans belong to all the people of the United States, and we must 
protect them and manage them for everyone's best interest.
  Madam Speaker, with our oceans in crisis, the Sanctuaries are a 
beacon of hope for future generations. I support H.R. 1187 and urge my 
colleagues to pass this bill.
  Mr. KENNEDY. 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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