California Seamounts and Ridges National Marine Conservation Area Designation and Management Act
This bill establishes the California Seamounts and Ridges National Marine Conservation Area to protect certain seamounts, ridges, and banks located in federal waters off the coast of California.
The National Oceanic and Atmospheric Administration (NOAA) and the Department of the Interior shall have joint responsibility for managing the conservation area. Development of a management plan must include a public consultation process with tribes, fisherman, and other stakeholders to better understand the activities occurring in the conservation area.
Additionally, any management plan developed by NOAA and Interior must prohibit oil and gas development, deep sea-mining, aquaculture, and damaging fishing practices in the area. Certain activities including recreational fishing and exercises by the Armed Forces are allowed to be conducted in the area.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5797 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5797
To protect certain seamounts, ridges, and banks in the Exclusive
Economic Zone off the coast of California by the establishment of the
California Seamounts and Ridges National Marine Conservation Area, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. Farr (for himself and Mr. Ted Lieu of California) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To protect certain seamounts, ridges, and banks in the Exclusive
Economic Zone off the coast of California by the establishment of the
California Seamounts and Ridges National Marine Conservation Area, 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 ``California Seamounts and Ridges
National Marine Conservation Area Designation and Management Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The California Seamounts and Ridges National Marine
Conservation Area established by this Act contains a series of
ancient volcanos and underwater geological features in the
Exclusive Economic Zone.
(2) Found on the seamounts, ridges, and banks in the
Conservation Area are rare deep-water corals, sponges,
anemones, tunas, sharks, seabirds, marine mammals (including
orcas, sperm whales, and blue whales), endangered sea turtles,
octopuses, and diverse fish populations, some of which are
endemic to the area.
(3) The only hydrothermal vents in the continental
Exclusive Economic Zone are found on Gorda Ridge located off
the north coast of California and the south coast of Oregon.
(4) These areas' remote location and depth contribute to
their remarkably pristine condition, limited human footprint,
and reputation as a vital frontier for scientific discovery,
with research expeditions continuing to yield new and rare
species, greater understanding about ecological relationships,
and renewed appreciation of the uniqueness of deep-sea
ecosystems.
(5) Despite currently limited direct pressure from
extractive use, the Conservation Area is undergoing rapid
change due to warming waters, ocean acidification, and
ecological stress from pollution and other sources the
management of which transcends the jurisdiction of any single
government agency or department.
(6) According to many scientists, comprehensive marine
habitat protection is one of the most important actions for
building resilience in ocean environments to current and
emerging challenges presented by anthropogenic and other
stressors impacting marine ecosystems.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the nationally significant historical, natural, cultural, scientific,
and educational values of the California Seamounts and Ridges National
Marine Conservation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States
established by Presidential Proclamation No. 5030 of March 10,
1983.
(2) Conservation area.--The term ``Conservation Area''
means the California Seamounts and Ridges National Marine
Conservation Area established by section 4(a).
(3) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning given the term ``outer Continental
Shelf'' in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
SEC. 4. DESIGNATION.
(a) Establishment.--There is established the California Seamounts
and Ridges National Marine Conservation Area, consisting of the waters
of the Exclusive Economic Zone and the Outer Continental Shelf
contained in the area described in subsection (b).
(b) Area Described.--The area referred to in subsection (a)--
(1) is the area generally depicted as the Conservation Area
on the map entitled ``____'' and dated ___, as is more
particularly described by the Secretary of Commerce and the
Secretary of the Interior under subsection (c); and
(2) includes--
(A) Gorda Ridge;
(B) the portion of Mendocino Ridge in the
Conservation Area west of longitude 125 40' 4.8" W;
and
(C) Guide, Pioneer, Taney, Gumdrop, Rodriguez, San
Juan, and Northeast seamounts.
(c) Detail Boundary Description and Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Commerce and the
Secretary of the Interior shall jointly develop a detailed
boundary description and map of the Conservation Area.
(2) Force and effect.--The map and boundary description
developed under paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretaries
may correct any minor errors in the map and boundary
descriptions.
(3) Public availability.--The map and boundary description
developed under paragraph (1) shall be on file and available
for public inspection within the management plan required under
section 5 of this Act.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary of Commerce and the Secretary of the
Interior shall have joint responsibility for management of the
California Seamounts and Ridges National Marine Conservation Area.
(b) Consultation and Management.--
(1) In general.--The Secretaries may not implement the
establishment of the Conservation Area without--
(A) direct and thorough consultation with the
Pacific Fishery Management Council, stakeholders from
commercial and recreational fishing sectors, and other
key fishery groups, including working with such persons
and affected Indian tribes to develop and implement a
plan for the comprehensive and long-term protection and
management of the Conservation Area; and
(B) prior, timely, and ongoing notice and
consultation between the Secretaries and affected
Indian tribes, including working with such Indian
tribes to--
(i) develop and implement mutually agreed-
upon plans for the comprehensive and long-term
protection and management of the Conservation
Area; and
(ii) ensure that management of the
Conservation Area does not in any way impact
traditional uses of the waters of the
Conservation Area by members of such tribes.
(2) Prohibitions.--
(A) In general.--The plan required under paragraph
(1)(A) shall, subject to subparagraph (B) and
subsections (c) and (d), prohibit--
(i) exploring for, developing, or producing
oil, gas, or minerals;
(ii) using or attempting to use poisons,
electrical charges, or explosives in the
collection or harvest of any living or
nonliving marine resource;
(iii) intentionally introducing or
otherwise releasing an introduced species from
within or into the Conservation Area;
(iv) anchoring on or having a vessel
anchored on any living or dead coral in the
Conservation Area;
(v) drilling into, dredging, or otherwise
altering the Outer Continental Shelf in the
Conservation Area; and
(vi) other activities determined by the
Secretary, as appropriate for the long-term
protection and management of the Conservation
Area.
(B) Exceptions.--The prohibitions set forth in
subparagraph (A) shall not apply to--
(i) activities and exercises of the Armed
Forces (including those carried out by the
Coast Guard) that are consistent with
applicable laws;
(ii) actions necessary to respond to
emergencies threatening life, property, or the
environment, and activities necessary for
national security or law enforcement purposes;
(iii) scientific exploration or research
activities, subject to such terms and
conditions as the Secretaries consider
necessary for the care and management of the
living and nonliving marine resources of the
Conservation Area;
(iv) the troll Albacore fishery; and
(v) recreational fishing and charter
fishing, as those terms are defined in section
2 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802).
(c) Emergencies, National Security, and Law Enforcement
Activities.--
(1) In general.--The prohibitions required by subsection
(b) shall not apply to activities necessary to respond to
emergencies threatening life, property, or the environment, or
to activities necessary for national security or law
enforcement purposes.
(2) Emergency response.--Nothing in this Act limits the
authority of government agencies to take actions to respond to
emergencies that pose an unacceptable threat to human health or
safety or to the marine environment and for which there is no
other feasible solution.
(d) Armed Forces Actions.--
(1) In general.--The prohibitions required by subsection
(b) shall not apply to activities and exercises of the Armed
Forces, including those carried out by the Coast Guard.
(2) Compliance with this act.--The Armed Forces shall
ensure, by the adoption of appropriate measures not impairing
their operations or operational capabilities, that its vessels
and aircraft operate in a manner consistent, so far as is
reasonable and practicable, with this Act.
(3) Destruction of, loss of, or injury to living marine
resources.--In the event of threatened or actual destruction
of, loss of, or injury to a living marine resource of the
Conservation Area resulting from an incident caused by a
component of the Department of Defense or the Coast Guard,
including as a result of a spill of oil or other hazardous
material or vessel grounding, the responsible component shall
promptly coordinate with the Secretary of the Interior or
Commerce, as appropriate, for the purpose of taking appropriate
actions to respond to and mitigate any actual harm and, if
possible, restore or replace the affected Conservation Area
resources.
(4) Military property not affected.--Nothing in this Act or
any regulation implementing it limits or otherwise affects the
Armed Forces discretion to use, maintain, improve, manage, or
control any property under the administrative control of a
military department or otherwise limit the availability of such
property for military mission purposes.
SEC. 6. WITHDRAWALS.
The areas of the Outer Continental Shelf comprised of Cortes and
Tanner Banks, and of the portion of Mendocino Ridge bounded by a square
with a southwestern corner located at 40 0' N, 125 40' 4.8" W and a
northeastern corner located at 40 30' N, 125 10' 4.8" W, are
withdrawn from commercial leasing under Federal law for exploration,
development, or production of oil and gas, mining minerals, energy
sighting, and cable laying.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Power and Oceans.
Referred to the Subcommittee on Energy and Mineral Resources.
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