II 

Calendar No. 328 

112TH CONGRESS 

2D SESSION S. 179 

[Report No. 112–149] 

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 SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

FEBRUARY 27, 2012 

Reported by Mr. ROCKEFELLER without amendment 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gulf of the Farallones 

3 and Cordell Bank National Marine Sanctuaries Boundary 

4 Modification and Protection Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) The Gulf of the Farallones extends approxi8 mately 100 miles along the coast of Marin and 

9 Sonoma Counties of northern California. It includes 

10 approximately one-half of California’s nesting 

11 seabirds, rich benthic marine life on hard-rock sub12 strate, prolific fisheries, and substantial concentra13 tions of resident and seasonally migratory marine 

14 mammals. 

15 (2) Cordell Bank is adjacent to the Gulf of the 

16 Farallones and is a submerged island with spectac17 ular, unique, and nationally significant marine envi18 ronments. 

19 (3) These marine environments have national 

20 and international significance, exceed the biological 

21 productivity of tropical rain forests, and support 

22 high levels of biological diversity. 

23 (4) These biological communities are easily sus24 ceptible to damage from human activities, and must 

25 be properly conserved for themselves and to protect 


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1 the economic viability of their contribution to na2 tional and regional economies. 

3 (5) The Gulf of Farallones and the Cordell 

4 Bank include some of the United States richest fish5 ing grounds and support important commercial and 

6 recreational fisheries. These fisheries are regulated 

7 by State and Federal fishery agencies and are sup8 ported and fostered through protection of the waters 

9 and habitats of Gulf of the Farallones National Ma10 rine Sanctuary and Cordell Bank National Marine 

11 Sanctuary. 

12 (6) The report of the Commission on Ocean 

13 Policy established by section 3 of the Oceans Act of 

14 2000 (Public Law 106–256; 33 U.S.C. 857–19) calls 

15 for comprehensive protection for the most productive 

16 ocean environments and recommends that they be 

17 managed as ecosystems. 

18 (7) New scientific discoveries by the National 

19 Marine Sanctuary Program support comprehensive 

20 protection for these marine environments by broad21 ening the geographic scope of the existing Gulf of 

22 the Farallones National Marine Sanctuary and the 

23 Cordell Bank National Marine Sanctuary. 

24 (8) Cordell Bank is at the nexus of an ocean 

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1 mass concentrations on the west coast of the United 

2 States. 

3 SEC. 3. POLICY AND PURPOSE. 

4 (a) POLICY.—It is the policy of the United States to 

5 protect and preserve living and other resources of the Gulf 

6 of the Farallones and Cordell Bank marine environments. 

7 (b) PURPOSE.—The purposes of this Act are the fol8 lowing: 

9 (1) To extend the boundaries of the Gulf of the 

10 Farallones National Marine Sanctuary and the 

11 Cordell Bank National Marine Sanctuary as de12 scribed in section 5. 

13 (2) To strengthen the protections that apply in 

14 the Sanctuaries. 

15 (3) To provide for the education and interpreta16 tion for the public of the ecological value and na17 tional importance of the Sanctuaries. 

18 (4) To manage human uses of the Sanctuaries 

19 under this Act and the National Marine Sanctuaries 

20 Act (16 U.S.C. 1431 et seq.). 

21 (c) EFFECT ON FISHING ACTIVITIES.—Nothing in 

22 this Act is intended to alter any existing authorities re23 garding the conduct and location of fishing activities in 

24 the Sanctuaries. 


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1 SEC. 4. DEFINITIONS. 

2 In this Act: 

3 (1) CORDELL BANK NMS.—The term ‘‘Cordell 

4 Bank NMS’’ means the Cordell Bank National Ma5 rine Sanctuary. 

6 (2) FARALLONES NMS.—The term ‘‘Farallones 

7 NMS’’ means the Gulf of the Farallones National 

8 Marine Sanctuary. 

9 (3) SANCTUARIES.—The term ‘‘Sanctuaries’’ 

10 means the Farallones NMS and the Cordell Bank 

11 NMS. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Commerce. 

14 SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY AD15 JUSTMENTS. 

16 (a) GULF OF THE FARALLONES.— 

17 (1) BOUNDARY ADJUSTMENT.—The areas de18 scribed in paragraph (2) are added to the Farallones 

19 NMS described in part 922.80 of title 15, Code of 

20 Federal Regulations, as in effect on the date of the 

21 enactment of this Act. 

22 (2) AREAS INCLUDED.— 

23 (A) IN GENERAL.—The areas referred to 

24 in paragraph (1) are the following: 

25 (i) All submerged lands and waters, 

26 including living marine and other resources 


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1 within and on those lands and waters, 

2 from the mean high water line to the 

3 boundary described in subparagraph (B). 

4 (ii) The submerged lands and waters, 

5 including living marine and other resources 

6 within those waters, within the approxi7 mately two-square-nautical-mile portion of 

8 the Cordell Bank NMS (as in effect imme9 diately before the enactment of this Act) 

10 that is located south of the area that is 

11 added to Cordell Bank NMS by subsection 

12 (b)(2), which are transferred to the 

13 Farallones NMS from the Cordell Bank 

14 NMS. 

15 (B) BOUNDARY DESCRIBED.—The bound16 ary referred to in subparagraph (A)(i) com17 mences from the mean high water line (referred 

18 to in this subparagraph as the ‘‘MHWL’’) at 

19 39.00000 degrees north in a westward direction 

20 approximately 29 nautical miles (referred to in 

21 this subparagraph as ‘‘nm’’) to 39.00000 north, 

22 124.33333 west. The boundary then extends in 

23 a southeasterly direction to 38.30000 degrees 

24 north, 124.00000 degrees west, approximately 

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1 ary then extends eastward to the most north2 eastern corner of the expanded Cordell Bank 

3 NMS at 38.30000 north, 123.20000 degrees 

4 west, approximately 6 nm miles westward of 

5 Bodega Head. The boundary then extends in a 

6 southeasterly direction to 38.26390 degrees 

7 north, 123.18138 degrees west at the north8 western most point of the current Gulf of the 

9 Farallones Boundary. The boundary then fol10 lows the current northern Gulf of the 

11 Farallones NMS boundary in a northeasterly 

12 direction to the MHWL near Bodega Head. 

13 The boundary then follows the MHWL in a 

14 northeasterly direction to the commencement 

15 point at the intersection of the MHWL and 

16 39.00000 north. Coordinates listed in this sub17 paragraph are based on the North American 

18 Datum 1983 and the geographic projection. 

19 (b) CORDELL BANK.— 

20 (1) BOUNDARY ADJUSTMENT.—The area de21 scribed in paragraph (2) is added to the existing 

22 Cordell Bank NMS described in part 922.111 of 

23 title 15, Code of Federal Regulations, as in effect on 

24 the date of the enactment of this Act. 

25 (2) AREA INCLUDED.— 


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1 (A) IN GENERAL.—The area referred to in 

2 paragraph (1) consists of all submerged lands 

3 and waters, including living marine and other 

4 resources within those waters, within the 

5 boundary described in subparagraph (B). 

6 (B) BOUNDARY.—The boundary referred 

7 to in subparagraph (A) commences at the most 

8 northeastern point of the Cordell Bank NMS 

9 boundary (as in effect immediately before the 

10 enactment of this Act) at 38.26390 degrees 

11 north, 123.18138 degrees west and extends 

12 northwestward to 38.30000 degrees north, 

13 123.20000 degrees west, approximately 6 nau14 tical miles (referred to in this subparagraph as 

15 ‘‘nm’’) west of Bodega Head. The boundary 

16 then extends westward to 38.30000 degrees 

17 north, 124.00000 degrees west, approximately 

18 44 nautical miles west of Bodega Head. The 

19 boundary then turns southeastward and con20 tinues approximately 34 nautical miles to 

21 37.76687 degrees north, 123.75142 degrees 

22 west, and then approximately 15 nm eastward 

23 to 37.76687 north, 123.42694 west at an inter24 section with the current Cordell Bank NMS 

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1 rent Cordell Bank NMS, which is coterminous 

2 with the current Gulf of the Farallones bound3 ary, in a northeasterly and the northwesterly di4 rection to its commencement point at 38.26390 

5 degrees north, 123.18138 degrees west. Coordi6 nates listed in this subparagraph are based on 

7 NAD83 Datum and the geographic projection. 

8 (c) INCLUSION IN THE SYSTEM.—The areas included 

9 in the Sanctuaries under subsections (a) and (b) shall be 

10 managed as part of the National Marine Sanctuary Sys11 tem, established by section 301(c) of the National Marine 

12 Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with 

13 that Act. 

14 (d) UPDATED NOAA CHARTS.—The Secretary 

15 shall— 

16 (1) produce updated National Oceanic and At17 mospheric Administration nautical charts for the 

18 areas in which the Sanctuaries are located, as modi19 fied by subsections (a) and (b); and 

20 (2) include on those nautical charts the bound21 aries of the Sanctuaries, as so modified. 

22 (e) BOUNDARY ADJUSTMENTS.—In producing re23 vised nautical charts required by subsection (d) and in de24 scribing the boundaries in regulations issued by the Sec25 retary, the Secretary may make technical modifications to 


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1 the boundaries described in this section for clarity and 

2 ease of identification, as appropriate. 

3 SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PER4 MITTING. 

5 No lease or permit may be issued that authorizes ex6 ploration, development, production, or transporting by 

7 pipeline of minerals or hydrocarbons within the boundaries 

8 of the Sanctuaries, as modified by subsections (a) and (b) 

9 of section 5. 

10 SEC. 7. MANAGEMENT PLANS AND REGULATIONS. 

11 (a) DRAFT PLANS.—Not later than 24 months after 

12 the date of the enactment of this Act, the Secretary shall 

13 complete a draft supplemental management plan for each 

14 of the Sanctuaries, as modified by subsections (a) and (b) 

15 of section 5, that— 

16 (1) focuses on management of the areas of the 

17 Sanctuaries described in such subsections (a) and 

18 (b); and 

19 (2) does not weaken the resource protections in 

20 effect on the date of the enactment of this Act for 

21 the Sanctuaries. 

22 (b) REVISED PLANS.— 

23 (1) REQUIREMENT TO REVISE.—The Secretary 

24 shall issue a revised management plan for each of 

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1 agement review for the Sanctuaries initiated after 

2 the date of the enactment of this Act under section 

3 304(e) of the National Marine Sanctuaries Act (16 

4 U.S.C. 1434(e)) and issue such final regulations as 

5 may be necessary to implement such plans. 

6 (2) CONTENTS OF PLANS.—Revisions to the 

7 management plan for each of the Sanctuaries under 

8 this section shall, in addition to matters required 

9 under section 304(a)(2) of the National Marine 

10 Sanctuaries Act (16 U.S.C. 1434(a)(2))— 

11 (A) facilitate all appropriate public and 

12 private uses of the national marine sanctuary to 

13 which each respective plan applies consistent 

14 with the primary objective of sanctuary re15 source protection; 

16 (B) establish temporal and geographical 

17 zoning if necessary to ensure protection of the 

18 resources of each of the Sanctuaries; 

19 (C) identify priority needs for research— 

20 (i) to improve management of the 

21 Sanctuaries; or 

22 (ii) to diminish threats to the health 

23 of the ecosystems in the Sanctuaries; 

24 (D) establish a long-term ecological moni25 toring program and database, including the deVerDate Mar 15 2010 01:21 Feb 28, 2012 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S179.RS S179

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1 velopment and implementation of a resource in2 formation system to disseminate information on 

3 the ecosystem, history, culture, and manage4 ment of the Sanctuaries; 

5 (E) identify alternative sources of funding 

6 needed to fully implement the provisions of each 

7 such plan to supplement appropriations made to 

8 carry out the National Marine Sanctuaries Act 

9 (16 U.S.C. 1431 et seq.); 

10 (F) ensure coordination and cooperation 

11 between the superintendents of each of the 

12 Sanctuaries and other Federal, State, and local 

13 authorities with jurisdiction over areas within 

14 or adjacent to one of the Sanctuaries to manage 

15 issues affecting the Sanctuaries, including sur16 face water runoff, stream and river drainages, 

17 and navigation; 

18 (G) in the case of revisions to such plan 

19 for the Farallones NMS, promote cooperation 

20 with farmers and ranchers operating in the wa21 tersheds adjacent to the Farallones NMS and 

22 establish voluntary best management practices 

23 programs; 

24 (H) promote cooperative and educational 

25 programs with fishing vessel operators and 


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1 crews operating in the waters of the Sanc2 tuaries, and, whenever possible, include individ3 uals who engage in fishing and their vessels in 

4 cooperative research, assessment, and moni5 toring programs and educational programs to 

6 promote sustainable fisheries, conservation of 

7 resources, and navigational safety; and 

8 (I) promote education and public aware9 ness, among users of the Sanctuaries, about the 

10 need for marine resource conservation and safe 

11 navigation and marine transportation. 

12 (c) APPLICATION OF EXISTING REGULATIONS.—The 

13 regulations for Farallones NMS in subpart H of part 922 

14 of title 15, Code of Federal Regulations (or any cor15 responding similar regulation) or of the Cordell Bank 

16 NMS in subpart K of such part 922 (or any corresponding 

17 similar regulation), including any regulations issued as a 

18 result of a joint management plan review for the Sanc19 tuaries conducted pursuant to section 304(e) of the Na20 tional Marine Sanctuaries Act (16 U.S.C. 1434(e)), shall 

21 apply to the areas added to each Sanctuary, respectively, 

22 under subsection (a) or (b) of section 5 until the Secretary 

23 modifies such regulations in accordance with subsection 

24 (d) of this section. 

25 (d) REVISED REGULATIONS.— 


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1 (1) IN GENERAL.—Not later than 24 months 

2 after the date of the enactment of this Act, the Sec3 retary shall— 

4 (A) carry out an assessment of necessary 

5 revisions to the regulations for the Sanctuaries 

6 to ensure the protection of the resources of the 

7 Sanctuaries in a manner that is consistent with 

8 the purposes and policies of the National Ma9 rine Sanctuaries Act (16 U.S.C. 1431 et seq.) 

10 and the goals and objectives for the areas added 

11 to either of the Sanctuaries under subsection 

12 (a) or (b) of section 5; and 

13 (B) issue final regulations for the Sanc14 tuaries that include any revisions identified in 

15 the assessment carried out under subparagraph 

16 (A). 

17 (2) REGULATION OF SPECIFIC ACTIVITIES.—In 

18 carrying out the assessment required by paragraph 

19 (1)(A), the Secretary shall consider appropriate reg20 ulations for— 

21 (A) the deposit or release of introduced 

22 species into the Sanctuaries; and 

23 (B) the alteration of stream and river 

24 drainage into the Sanctuaries. 


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1 (3) CONSIDERATIONS.—In carrying out the as2 sessment required by paragraph (1)(A), the Sec3 retary shall consider exempting from further regula4 tion under the National Marine Sanctuaries Act or 

5 this Act discharges that are permitted under a Na6 tional Pollution Discharge Elimination System per7 mit that is in effect on the date of enactment of this 

8 Act, or under a new or renewed National Pollution 

9 Discharge Elimination System permit if such per10 mit— 

11 (A) does not increase pollution in the 

12 Sanctuaries; and 

13 (B) that originates— 

14 (i) in the Russian River Watershed 

15 outside the boundaries of the Gulf of the 

16 Farallones National Marine Sanctuary; or 

17 (ii) from the Bodega Marine Labora18 tory. 

19 (e) PUBLIC PARTICIPATION.—The Secretary shall 

20 provide for the participation of the general public in the 

21 review and revision of the management plans for the Sanc22 tuaries and relevant regulations under this section. 

23 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated to the Sec25 retary to carry out this Act— 


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1 (1) $3,000,000 for each of fiscal years 2012 

2 through 2016, for activities other than construction 

3 and acquisition activities; and 

4 (2) $3,500,000 for fiscal year 2012 and such 

5 sums as may be necessary for each of fiscal years 

6 2013 through 2016, for construction and acquisition 

7 activities. 


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Calendar No. 328 

112TH CONGRESS 

2D SESSION S. 179 

[Report No. 112–149] 

A BILL 

To expand the boundaries of the Gulf of the 

for other purposes. Cordell Bank National Marine Sanctuary, and Farallones National Marine Sanctuary and the 

FEBRUARY 27, 2012 

Reported without amendment 


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