U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–516 

Calendar No. 1098 

GULF OF THE FARALLONES AND CORDELL 

BANK NATIONAL MARINE SANCTUARIES 

BOUNDARY MODIFICATION AND PROTECTION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

H.R. 1187 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008.—Ordered to be printed 


rwilkins on PROD1PC63 with HEARINGcongress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

KAY BAILEY HUTCHISON, Texas 

TED STEVENS, Alaska 

JOHN MCCAIN, Arizona 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


rwilkins on PROD1PC63 with HEARING
79–010 

Calendar No. 1098 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–516 

GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES BOUNDARY MODIFICATION AND PROTECTION ACT 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008.—Ordered to be printed 

Mr. INOUYE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany H.R. 1187] 

The Committee on Commerce, Science, and Transportation, to 

which was referred 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, and for other purposes, 

having considered the same, reports favorably thereon with amendments and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 1187, the Gulf of the Farallones and Cordell 

Bank National Marine Sanctuaries Boundary Modification and Protection Act, is to extend the boundaries of the Gulf of the 

Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary, strengthen the protections that apply to 

the Sanctuaries, educate the public regarding the ecological value 

and national importance of those marine environments, and manage uses of the Sanctuaries under the bill and the National Marine 

Sanctuaries Act (NMSA, 16 U.S.C. 1431 et seq.). 

BACKGROUND AND NEEDS

In 1972, Congress passed the Marine Protection, Research, and 

Sanctuaries Act (MPRSA) of 1972 (16 U.S.C. 1431 et seq.). Title III 

of that statute authorized the Secretary of Commerce (Secretary) to 

designate and permanently protect areas of national significance 

within the marine environment due to the importance of their conVerDate Aug 31 2005 20:25 Oct 03, 2008 Jkt 079010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\SR516.XXX SR516

rwilkins on PROD1PC63 with HEARING
2 

servation, recreational, ecological, historical, scientific, cultural, archeological, educational, or aesthetic qualities. In 1992, under title 

II of the Oceans Act (P.L. 102–587), the NMSA amended the 

MPRSA process for considering sanctuary designation standards 

and procedures. Currently, a total of thirteen national marine sanctuaries and one national marine monument encompass more than 

150,000 square miles of marine and Great Lakes waters. Sanctuaries vary in size from one square mile to 137,792 square miles. 

The NMSA established the National Marine Sanctuary Program 

(NMSP), which is responsible for identifying, designating, and 

managing ocean and Great Lakes areas as national marine sanctuaries. The NMSP has the authority to issue regulations for each 

sanctuary to specify the types of activities that can and cannot 

occur within sanctuary boundaries, which have the effect and enforceability of law. A designation document is prepared as part of 

a sanctuary’s designation process, which defines: (1) The area of 

the sanctuary; (2) the characteristics of the area that give it value; 

and (3) the types of activities that will be subject to regulation to 

protect those characteristics. The National Oceanic and Atmospheric Administration (NOAA) is authorized to both recover damages from responsible parties that injure sanctuary resources and 

to assess civil penalties for violations of sanctuary regulations. 

Most sanctuaries generally prohibit material discharges into the 

sanctuary, the disturbance of seabed and cultural resources, and 

exploration and development of oil, gas, and minerals within the 

sanctuary. 

The NMSP also establishes management plans, develops conservation policy, issues permits, and undertakes strategic planning 

for each sanctuary. Each sanctuary has a community-based Sanctuary Advisory Council, which is comprised of representatives from 

various public interest organizations, scientific and educational organizations, and commercial and recreational user groups including 

fishermen, government agencies, and local businesses. The Sanctuary Advisory Council advises the sanctuary manager on the designation and/or operation of a national marine sanctuary. 

Regulatory changes most often occur during a five-year Management Plan Review. During this process, Sanctuary Advisory Councils, working groups, and the public may identify issues that could 

lead to the decision to restrict or prohibit certain activities in the 

sanctuary. 

The NMSA has been amended and reauthorized six times, most 

recently in 2000, which authorized funding through the end of fiscal year 2005. The 2000 reauthorization of the NMSA included a 

provision that placed a limitation on the creation of new sanctuaries in an effort to address the impact of decreasing appropriations on the ability to provide sufficient maintenance and operation 

capabilities for established sanctuaries. However, the limitation 

does not prevent the expansion of existing sanctuaries. 

The existing 13 national marine sanctuaries and the national 

marine monument have been added to the program through three 

different processes: (1) The NMSP process; (2) Congressional designation; and (3) Executive Order. The majority of the national marine sanctuaries were added to the System through the NMSP 

process. However, the Hawaiian Islands Humpback Whale National Marine Sanctuary and the Stellwagen Bank National Marine 


rwilkins on PROD1PC63 with HEARING
3 

Sanctuary were designated by provisions included in the Oceans 

Act of 1992, and the Florida Keys National Marine Sanctuary and 

Protection Act designated the Florida Keys National Marine Sanctuary, which enveloped the existing Key Largo and Looe Key National Marine Sanctuaries in 1996. The Executive Branch used authorities provided by the Antiquities Act of 1906 (16 U.S.C. 431) to 

designate the Papahanaumokuakea National Monument as a marine national monument. To date, the Congress also has enacted 

legislation to expand the boundaries of one existing sanctuary. The 

National Marine Sanctuaries Preservation Act of 1996 added 

Stetson Bank to the Flower Garden Banks National Marine Sanctuary. 

The Gulf of the Farallones National Marine Sanctuary, established in 1981, is 948 square nautical miles off the coast of California just west of San Francisco and is part of the United Nations’ 

Golden Gate Biosphere Reserve. It is a breeding ground for resident harbor seals, elephant seals, harbor porpoises, Pacific whitesided dolphins, rockfish, and seabirds, including the Tufted Puffin. 

Thirty-six species of marine mammals migrate through the Sanctuary, including gray whales, and the Sanctuary contains a resident blue whale population, and serves as a feeding ground for 

both blue and humpback whale populations. The Gulf of the 

Farallones National Marine Sanctuary has the largest concentration of breeding seabirds in the continental United States. 

The Cordell Bank National Marine Sanctuary contains an offshore granitic bank 4.5 miles wide by 9.5 miles long and comprises 

399 nautical square miles of the northern California coast. It is 

characterized by dynamic ocean conditions and complex undersea 

topography due to the prevailing California current that flows 

southward along the coast. The Cordell Bank National Marine 

Sanctuary contains about 240 fish species, 69 species of seabirds, 

and 28 marine mammal species. 

Expanding the two Sanctuaries would protect their source water, 

areas of biological diversity, and conserve habitat for seabirds, marine mammals, and fisheries. The existing Gulf of the Farallones 

and Cordell Bank National Marine Sanctuaries lie within one of 

only four coastal upwelling ecosystems on Earth, the only such 

area within the United States. Upwelling ecosystems are the most 

productive ocean ecosystems and provide nutrients and food that 

support local and migratory marine life in the Sanctuaries. Currently, the center of upwelling that provides the source waters for 

the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries lies outside the existing Sanctuaries’ boundaries. The expansion from Point Arena to Bodega Bay in California would include the upwelling center. The Cordell Bank National Marine 

Sanctuary expansion area would include Bodega Canyon, a specialized habitat for a variety of species, including deepwater corals. 

Krill living within the Canyon are an important part of the Cordell 

Bank food web and are the primary diet for endangered blue 

whales and a dietary staple for rockfishes and coho and king salmon. 

Within the boundaries of both sanctuaries, oil and gas development activities are currently prohibited through the sanctuary’s 

regulations. This bill would place a statutory prohibition on all oil 


rwilkins on PROD1PC63 with HEARING
4 

and gas leasing and permitting within the sanctuaries including 

transporting by pipeline. 

SUMMARY OF PROVISIONS

H.R. 1187 would modify the existing Sanctuaries’ boundaries to 

add approximately 1,521 square nautical miles to the Gulf of the 

Farallones Sanctuary and 354 square nautical miles to the Cordell 

Bank Sanctuary. The expansion would extend the existing Sanctuaries’ prohibition of the leasing, exploration, development, production, or transporting by pipeline of minerals or hydrocarbons. 

The bill would direct the Secretary of Commerce to complete: (1) 

An interim supplemental management plan for each Sanctuary not 

later than 24 months after the date of enactment of the Act; and 

(2) a revised comprehensive management plan for each of the Sanctuaries. The existing regulations for the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine 

Sanctuary, including any changes made as a result of a joint management plan review for the Sanctuaries, would apply to the expansion areas. The bill would provide the Secretary with 24 

months to assess and change any necessary regulations and direct 

the Secretary to consider appropriate regulations in the Sanctuaries for the deposit or release of introduced species and the alteration of stream and river drainage into the sanctuaries. 

LEGISLATIVE HISTORY

The Gulf of the Farallones and Cordell Bank National Marine 

Sanctuaries Boundary Modification and Protection Act, H.R. 1187, 

was introduced by Representative Woolsey on February 16, 2007. 

The bill was reported, as amended, by the Committee on Natural 

Resources on March 31, 2008, and passed in the House of Representatives by voice vote on March 31, 2008. It was referred to the 

Committee on Commerce, Science, and Transportation on April 1, 

2008. A hearing was held on May 6, 2008, that addressed the legislation. 

On May 15, 2008, the Committee considered a manager’s amendment to this bill in an open executive session. The Committee, 

without objection, ordered H.R. 1187 to be reported favorably, as 

amended. 

Staff assigned to this legislation are Kristen Sarri, Democratic 

Professional Staff, and Todd Bertoson, Republican Senior Counsel. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

JUNE 5, 2008. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2281, the Thunder Bay NaVerDate Aug 31 2005 20:25 Oct 03, 2008 Jkt 079010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR516.XXX SR516

rwilkins on PROD1PC63 with HEARING
5 

tional Marine Sanctuary and Underwater Preserve Boundary Modification Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Tyler Kruzich. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 2281—Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act 

Summary: S. 2281 would expand the boundaries of the Thunder 

Bay National Marine Sanctuary and Underwater Preserve, which 

is managed jointly by Michigan and the National Oceanic and Atmospheric Administration (NOAA). Based on information provided 

by NOAA and assuming appropriation of the necessary amounts, 

CBO estimates that implementing S. 2281 would cost $9 million 

over the 2009–2013 period. Enacting the bill would not affect direct 

spending or revenues. 

S. 2281 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2281 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGING IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................................. 5 1 1 1 1 9 

Estimated Outlays .................................................................................... 4 2 1 1 1 9 

Basis of estimate: For this estimate, CBO assumes that S. 2281 

will be enacted near the beginning of fiscal year 2009 and that necessary funds will be appropriated for each fiscal year for the activities authorized by the bill. Estimated outlays are based on historical spending patterns for NOAA activities. 

The new boundary of the Thunder Bay National Marine Sanctuary and Underwater Preserve would include submerged lands off 

Presque Isle and Alcona Counties, Michigan, and outward to the 

international border between the United States and Canada. Based 

on information from NOAA, CBO estimates that implementing S. 

2281 would cost $9 million over the 2009–2013 period. Of that 

amount, the agency would use $1 million per year to administer 

the expanded area and $5 million to purchase a new vessel to conduct research. 

Intergovernmental and private-sector impact: S. 2281 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal Costs: Tyler Kruzich. Impact on 

State, Local, and Tribal Governments: Neil Hood. Impact on the 

Private Sector: Amy Petz. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 


rwilkins on PROD1PC63 with HEARING
6 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The reported bill would not authorize any new regulations and 

therefore will not subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

The bill, as reported, may have a slight positive impact on the 

nation’s economy by increasing tourism and expanding sanctuary 

designation for conservation of living marine resources. However, 

the bill would extend current regulations that prohibit or restrict 

certain commercial activities that could injure Sanctuary resources, 

and therefore may have a slight negative impact on the nation’s 

economy. 

PRIVACY

The reported bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

The reported bill would not increase paperwork requirements for 

the private sector. The bill would require the Secretary of Commerce to produce updated National Oceanic and Atmospheric Administration nautical charts for the areas in which the Sanctuaries 

are located and complete an interim supplemental management 

plan for the Sanctuaries to include the expansion areas. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides the following identification of congressionally directed spending items contained in the 

bill, as reported: 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section would provide that the legislation may be cited as 

the ‘‘Gulf of the Farallones and Cordell Bank National Marine 

Sanctuaries Boundary Modification and Protection Act.’’ 

Section 2. Findings 

The findings would describe the existing national marine sanctuaries and the national and international significance of the sanctuaries to the marine environment. 

Section 3. Policy and purpose 

This section would provide that 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 enVerDate Aug 31 2005 20:25 Oct 03, 2008 Jkt 079010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR516.XXX SR516

rwilkins on PROD1PC63 with HEARING
7 

vironments by: (1) extending the boundaries of the Gulf of the 

Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary; (2) strengthening the protections that 

apply in the sanctuaries; and (3) managing uses of the sanctuaries. 

The section also states that nothing in this Act is intended to alter 

any existing authorities regarding the conduct and location of fishing activities in the sanctuaries. 

Section 4. Definitions 

This section would define several terms as they apply to this Act, 

including: (1) Cordell Bank NMS; (2) Farallones NMS; (3) Sanctuaries; and (4) Secretary. 

Section 5. National Marine Sanctuary boundary adjustment 

This section would expand the Gulf of the Farallones National 

Marine Sanctuary and the Cordell Bank National Marine Sanctuary by describing the adjusted boundaries for each Sanctuary. 

The areas that would be included are 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. The section would provide for the expansion areas to be 

managed as part of the National Marine Sanctuary System. In addition, this section would direct the Secretary of Commerce to 

produce updated National Oceanic and Atmospheric Administration 

nautical charts for the areas in which the Sanctuaries are located 

and include on those nautical charts the boundaries of the Sanctuaries, as revised by the Act. 

Section 6. Prohibition of oil and gas leasing and permitting 

This section would prohibit the issuance of a lease or permit that 

authorizes exploration, development, production, or transporting by 

pipeline of minerals or hydrocarbons within the Sanctuaries. 

Section 7. Management plans and regulations 

This section would direct the Secretary of Commerce to complete 

an interim supplemental management plan for the Sanctuaries by 

not later than 24 months after the date of enactment of the Act 

that focuses on management in the areas added to the sanctuaries 

under this Act. The supplemental plan could not weaken existing 

resource protections. In addition, the Secretary would 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. 

This section would permit 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)), to apply to the areas added to each Sanctuary, respectively, until the Secretary modifies such regulations. The section 

would direct the Secretary to carry out an assessment of necessary 

revisions to the regulations for the Sanctuaries in a manner that 


rwilkins on PROD1PC63 with HEARING
8 

ensures the protection of the resources of the Sanctuaries consistent with the purposes and policies of the NMSA and the goals 

and objectives for the new areas added to each Sanctuary under 

section 5 of this Act. This section would require the assessment 

and any corresponding regulatory changes be complete within 24 

months of the date of enactment of this Act. In revising the regulations for the Sanctuaries pursuant to this subsection, the Secretary 

would be required to consider appropriate regulations for the following activities: the deposit or release of introduced species, and 

the alteration of stream and river drainage into the Sanctuaries. 

In addition, when revising the regulations for the Sanctuaries, 

the Secretary would consider exempting from further regulation 

under the NMSA 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 in the 

Russian River Watershed outside the boundaries of the Gulf of the 

Farallones National Marine Sanctuary; or from the Bodega Marine 

Laboratory. 

The section would require that revisions to each comprehensive 

management plan: (1) Facilitate all appropriate public and private 

uses of the sanctuaries 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; (4) establish a long-term ecological monitoring program and database; (5) identify alternative sources of funding 

needed to fully implement the plan’s provisions and supplement appropriations under section 313 of the MPRSA (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; (7) promote cooperation with 

farmers and ranchers operating in the watersheds adjacent to the 

Gulf of the Farallones National Marine Sanctuary and establish 

voluntary best management practice programs; (8) promote cooperative and educational programs with fishing vessel operators and 

crews operating in the waters of the Sanctuaries, and (9) promote 

education and public awareness. The Secretary would provide for 

participation by the general public in the revision of the comprehensive management plans and relevant regulations under this 

section. 


rwilkins on PROD1PC63 with HEARING
(9) 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


rwilkins on PROD1PC63 with HEARING