Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act - Declares that it is U.S. policy to protect and preserve living and other resources of the Gulf of the Farallones National Marine Sanctuary (Farallones NMS) and Cordell Bank National Marine Sanctuary (Cordell Bank NMS) marine environments.
Makes certain adjustments to expand the boundaries of the Farallones NMS and the Cordell NMS.
Prohibits the issuance of a lease or permit authorizing mineral or hydrocarbon exploration, development, production, or transportation by pipeline within the boundaries of the sanctuaries, as modified by this Act.
Directs the Secretary of Commerce to complete: (1) a draft supplemental management plan for each of the sanctuaries that focuses on management in the areas added by this Act; and (2) a revised management plan for each of the sanctuaries.
Directs the Secretary to carry out an assessment of necessary revisions to the regulations for the sanctuaries, including considering regulations regarding the deposit or release of introduced species and the alteration of stream and river drainage into the sanctuaries.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 192 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 192
To expand the boundaries of the Gulf of the Farallones National Marine
Sanctuary and the Cordell Bank National Marine Sanctuary, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Ms. Woolsey (for herself and Mr. Thompson of California) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
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.
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 the Cordell Bank include
some of the United States richest fishing grounds and support
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 section 3 of the Oceans Act of 2000 (Public Law
106-256; 33 U.S.C. 857-19) 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 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 as described in section 5.
(2) To strengthen the protections that apply in the
Sanctuaries.
(3) To provide for the education and interpretation for the
public of the ecological value and national importance of the
Sanctuaries.
(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) Cordell bank nms.--The term ``Cordell Bank NMS'' means
the Cordell Bank National Marine Sanctuary.
(2) Farallones nms.--The term ``Farallones NMS'' means the
Gulf of the Farallones National Marine Sanctuary.
(3) Sanctuaries.--The term ``Sanctuaries'' means the
Farallones NMS and the Cordell Bank NMS.
(4) 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 Farallones NMS described in part 922.80 of
title 15, Code of Federal Regulations, as in effect on the date
of the enactment of this Act.
(2) Areas included.--
(A) In general.--The areas referred to in paragraph
(1) are 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 (referred to in this subparagraph as the
``MHWL'') at 39.00000 degrees north in a westward
direction approximately 29 nautical miles (referred to
in this subparagraph as ``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
38.26390 degrees north, 123.18138 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 NMS described in part
922.80 of title 15, Code of Federal Regulations, as in effect
on the date of the enactment of this Act.
(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 Cordell Bank NMS boundary (as in effect
immediately before the enactment of this Act) at
38.26390 degrees north, 123.18138 degrees west and
extends northwestward to 38.30000 degrees north,
123.20000 degrees west, approximately 6 nautical miles
(referred to in this subparagraph as ``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
38.26390 degrees north, 123.18138 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, as modified by subsections (a) and
(b); and
(2) include on those nautical charts the boundaries of the
Sanctuaries, as so modified.
(e) Boundary Adjustments.--In producing revised nautical charts
required 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 boundaries of the Sanctuaries, as modified by
subsections (a) and (b) of section 5.
SEC. 7. MANAGEMENT PLANS AND REGULATIONS.
(a) Draft Plans.--Not later than 24 months after the date of the
enactment of this Act, the Secretary shall complete a draft
supplemental management plan for each of the Sanctuaries, as modified
by subsections (a) and (b) of section 5, that--
(1) focuses on management of the areas of the Sanctuaries
described in such subsections (a) and (b); and
(2) does not weaken the resource protections in effect on
the date of the enactment of this Act for the Sanctuaries.
(b) Revised Plans.--
(1) Requirement to revise.--The Secretary shall issue a
revised management plan for each of the Sanctuaries at the
conclusion of the first management review for the Sanctuaries
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)) and issue such final regulations as may be
necessary to implement such plans.
(2) Contents of plans.--Revisions to the management plan
for each of the Sanctuaries under this section shall, in
addition to matters required under section 304(a)(2) of the
National Marine Sanctuaries Act (16 U.S.C. 1434(a)(2))--
(A) 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;
(B) establish temporal and geographical zoning if
necessary to ensure protection of the resources of each
of the Sanctuaries;
(C) identify priority needs for research--
(i) to improve management of the
Sanctuaries; or
(ii) to diminish threats to the health of
the ecosystems in the Sanctuaries;
(D) establish a long-term ecological monitoring
program and database, including the development and
implementation of a resource information system to
disseminate information on the ecosystem, history,
culture, and management of the Sanctuaries;
(E) identify alternative sources of funding needed
to fully implement the provisions of each such plan to
supplement appropriations made to carry out the
National Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.);
(F) ensure coordination and cooperation between the
superintendents of each of the Sanctuaries and other
Federal, State, and local authorities with jurisdiction
over areas within or adjacent to one of the Sanctuaries
to manage issues affecting the Sanctuaries, including
surface water runoff, stream and river drainages, and
navigation;
(G) in the case of revisions to such 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;
(H) 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
(I) promote education and public awareness, among
users of the Sanctuaries, about the need for marine
resource conservation and safe navigation and marine
transportation.
(c) Application of Existing Regulations.--The regulations for
Farallones NMS in subpart H of part 922 of title 15, Code of Federal
Regulations (or any corresponding similar regulation) or of the Cordell
Bank NMS in subpart K of such part 922 (or any corresponding similar
regulation), including any regulations issued 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 subsection (a) or (b) of section 5 until the
Secretary modifies such regulations in accordance with subsection (d)
of this section.
(d) Revised Regulations.--
(1) In general.--Not later than 24 months after the date of
the enactment of this Act, the Secretary shall--
(A) carry out an assessment of necessary revisions
to the regulations for the Sanctuaries to ensure the
protection of the resources of the Sanctuaries in a
manner that is consistent with the purposes and
policies of the National Marine Sanctuaries Act (16
U.S.C. 1431 et seq.) and the goals and objectives for
the areas added to either of the Sanctuaries under
subsection (a) or (b) of section 5; and
(B) issue final regulations for the Sanctuaries
that include any revisions identified in the assessment
carried out under subparagraph (A).
(2) Regulation of specific activities.--In carrying out the
assessment required by paragraph (1)(A), the Secretary shall
consider appropriate regulations for--
(A) the deposit or release of introduced species
into the Sanctuaries; and
(B) the alteration of stream and river drainage
into the Sanctuaries.
(3) Considerations.--In carrying out the assessment
required by paragraph (1)(A), the Secretary shall consider
exempting from further regulation under the National Marine
Sanctuaries Act or this Act discharges that are 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 if such permit--
(A) does not increase pollution in the Sanctuaries;
and
(B) that originates--
(i) in the Russian River Watershed outside
the boundaries of the Gulf of the Farallones
National Marine Sanctuary; or
(ii) from the Bodega Marine Laboratory.
(e) Public Participation.--The Secretary shall provide for the
participation of the general public in the review and revision of the
management plans for the Sanctuaries and relevant regulations under
this section.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act--
(1) $3,000,000 for each of fiscal years 2012 through 2016,
for activities other than construction and acquisition
activities; and
(2) $3,500,000 for fiscal year 2012 and such sums as may be
necessary for each of fiscal years 2013 through 2016, for
construction and acquisition activities.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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