II 

Calendar No. 147 

111TH CONGRESS 

1ST SESSION S. 212 

[Report No. 111–64] 

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 12, 2009 

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 

AUGUST 4, 2009 

Reported by Mr. ROCKEFELLER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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 Office of National Ma20 rine Sanctuaries support comprehensive protection 

21 for these marine environments by broadening the ge22 ographic scope of the existing Gulf of the Farallones 

23 National Marine Sanctuary and the Cordell Bank 

24 National Marine Sanctuary. 


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

2 upwelling system, which produces the highest bio3 mass concentrations on the west coast of the United 

4 States. 

5 SEC. 3. POLICY AND PURPOSE. 

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

7 protect and preserve living and other resources of the Gulf 

8 of the Farallones and Cordell Bank marine environments. 

9 (b) PURPOSE.—The purposes of this Act are the fol10 lowing: 

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

12 Farallones National Marine Sanctuary and the 

13 Cordell Bank National Marine Sanctuary as de14 scribed in section 5. 

15 (2) To strengthen the protections that apply in 

16 the Sanctuaries. 

17 (3) To provide for the education and interpreta18 tion for the public of the ecological value and na19 tional importance of the Sanctuaries. 

20 (4) To manage human uses of the Sanctuaries 

21 under this Act and the National Marine Sanctuaries 

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

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

24 this Act is intended to alter any existing authorities reVerDate Nov 24 2008 03:33 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S212.RS S212

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1 garding the conduct and location of fishing activities in 

2 the Sanctuaries. 

3 SEC. 4. DEFINITIONS. 

4 In this Act: 

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

6 Bank NMS’’ means the Cordell Bank National Ma7 rine Sanctuary. 

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

9 NMS’’ means the Gulf of the Farallones National 

10 Marine Sanctuary. 

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

12 means the Farallones NMS and the Cordell Bank 

13 NMS. 

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

15 the Secretary of Commerce. 

16 SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY AD17 JUSTMENTS. 

18 (a) GULF OF THE FARALLONES.— 

19 (1) BOUNDARY ADJUSTMENT.—The areas de20 scribed in paragraph (2) are added to the Farallones 

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

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

23 enactment of this Act. 

24 (2) AREAS INCLUDED.— 


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

2 in paragraph (1) are the following: 

3 (i) All submerged lands and waters, 

4 including living marine and other resources 

5 within and on those lands and waters, 

6 from the mean high water line to the 

7 boundary described in subparagraph (B). 

8 (ii) The submerged lands and waters, 

9 including living marine and other resources 

10 within those waters, within the approxi11 mately two-square-nautical-mile portion of 

12 the Cordell Bank NMS (as in effect imme13 diately before the enactment of this Act) 

14 that is located south of the area that is 

15 added to Cordell Bank NMS by subsection 

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

17 Farallones NMS from the Cordell Bank 

18 NMS. (b)(2). 

19 (B) BOUNDARY DESCRIBED.—The bound20 ary referred to in subparagraph (A)(i) com21 mences from the mean high water line (referred 

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

23 39.00000 degrees north in a westward direction 

24 approximately 29 nautical miles (referred to in 

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


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1 124.33333 west. The boundary then extends in 

2 a southeasterly direction to 38.30000 degrees 

3 north, 124.00000 degrees west, approximately 

4 44 nm westward of Bodega Head. The bound5 ary then extends eastward to the most north6 eastern corner of the expanded Cordell Bank 

7 NMS at 38.30000 north, 123.20000 degrees 

8 west, approximately 6 nm miles westward of 

9 Bodega Head. The boundary then extends in a 

10 southeasterly direction to 38.26390 degrees 

11 north, 123.18138 degrees west at the north12 western most point of the current Gulf of the 

13 Farallones Boundary. The boundary then fol14 lows the current northern Gulf of the 

15 Farallones NMS boundary in a northeasterly 

16 direction to the MHWL near Bodega Head. 

17 The boundary then follows the MHWL in a 

18 northeasterly and northwesterly direction to the 

19 commencement point at the intersection of the 

20 MHWL and 39.00000 north. Coordinates listed 

21 in this subparagraph are based on the North 

22 American Datum 1983 and the geographic pro23 jection. 

24 (b) CORDELL BANK.— 


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1 (1) BOUNDARY ADJUSTMENT.—The area de2 scribed in paragraph (2) is added to the existing 

3 Cordell Bank NMS described in part 922.80 of title 

4 15, Code of Federal Regulations, as in effect on the 

5 date of the enactment of this Act. 

6 (2) AREA INCLUDED.— 

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

8 paragraph (1) consists of all submerged lands 

9 and waters, including living marine and other 

10 resources within those waters, within the 

11 boundary described in subparagraph (B). 

12 (B) BOUNDARY.—The boundary referred 

13 to in subparagraph (A) commences at the most 

14 northeastern point of the Cordell Bank NMS 

15 boundary (as in effect immediately before the 

16 enactment of this Act) at 38.26390 degrees 

17 north, 123.18138 degrees west and extends 

18 northwestward to 38.30000 degrees north, 

19 123.20000 degrees west, approximately 6 nau20 tical miles (referred to in this subparagraph as 

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

22 then extends westward to 38.30000 degrees 

23 north, 124.00000 degrees west, approximately 

24 44 nautical miles west of Bodega Head. The 

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1 tinues approximately 34 nautical miles to 

2 37.76687 degrees north, 123.75142 degrees 

3 west, and then approximately 15 nm eastward 

4 to 37.76687 north, 123.42694 west at an inter5 section with the current Cordell Bank NMS 

6 boundary. The boundary then follows the cur7 rent Cordell Bank NMS boundary, which is co8 terminous with the current Gulf of the 

9 Farallones boundary, in a northeasterly and the 

10 then northwesterly direction to its commence11 ment point at 38.26390 degrees north, 

12 123.18138 degrees west. Coordinates listed in 

13 this subparagraph are based on NAD83 Datum 

14 and the geographic projection. 

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

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

17 managed as part of the National Marine Sanctuary Sys18 tem, established by section 301(c) of the National Marine 

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

20 that Act. 

21 (d) UPDATED NOAA CHARTS.—The Secretary 

22 shall— 

23 (1) produce updated National Oceanic and At24 mospheric Administration nautical charts for the 


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1 areas in which the Sanctuaries are located, as modi2 fied by subsections (a) and (b); and 

3 (2) include on those nautical charts the bound4 aries of the Sanctuaries, as so modified. 

5 (e) BOUNDARY ADJUSTMENTS.—In producing re6 vised nautical charts required by subsection (d) and in de7 scribing the boundaries in regulations issued by the Sec8 retary, the Secretary may make technical modifications to 

9 the boundaries described in this section for clarity and 

10 ease of identification, as appropriate. 

11 SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PER12 MITTING. 

13 No lease or permit may be issued that authorizes ex14 ploration, development, production, or transporting by 

15 pipeline of minerals or hydrocarbons within the boundaries 

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

17 of section 5. 

18 SEC. 7. MANAGEMENT PLANS AND REGULATIONS. 

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

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

21 complete a draft supplemental management plan for each 

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

23 of section 5, that— 


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

2 Sanctuaries described in such subsections (a) and 

3 (b); and 

4 (2) does not weaken the resource protections in 

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

6 the Sanctuaries. 

7 (b) REVISED PLANS.— 

8 (1) REQUIREMENT TO REVISE.—The Secretary 

9 shall issue a revised management plan for each of 

10 the Sanctuaries at the conclusion of the first man11 agement review for the Sanctuaries initiated after 

12 the date of the enactment of this Act under section 

13 304(e) of the National Marine Sanctuaries Act (16 

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

15 may be necessary to implement such plans. 

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

17 management plan for each of the Sanctuaries under 

18 this section shall, in addition to matters required 

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

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

21 (A) facilitate all appropriate public and 

22 private uses of the national marine sanctuary to 

23 which each respective plan applies consistent 

24 with the primary objective of sanctuary re25 source protection; 


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1 (B) establish temporal and geographical 

2 zoning if necessary to ensure protection of the 

3 resources of each of the Sanctuaries; 

4 (C) identify priority needs for research— 

5 (i) to improve management of the 

6 Sanctuaries; or 

7 (ii) to diminish threats to the health 

8 of the ecosystems in the Sanctuaries; 

9 (D) establish a long-term ecological moni10 toring program and database, including the de11 velopment and implementation of a resource in12 formation system to disseminate information on 

13 the ecosystem, history, culture, and manage14 ment of the Sanctuaries; 

15 (E) identify alternative sources of funding 

16 needed to fully implement the provisions of each 

17 such plan to supplement appropriations made to 

18 carry out the National Marine Sanctuaries Act 

19 (16 U.S.C. 1431 et seq.); 

20 (F) ensure coordination and cooperation 

21 between the superintendents of each of the 

22 Sanctuaries and other Federal, State, and local 

23 authorities with jurisdiction over areas within 

24 or adjacent to one of the Sanctuaries to manage 

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1 face water runoff, stream and river drainages, 

2 and navigation; 

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

4 for the Farallones NMS, promote cooperation 

5 with farmers and ranchers operating in the wa6 tersheds adjacent to the Farallones NMS and 

7 establish voluntary best management practices 

8 programs; 

9 (H) promote cooperative and educational 

10 programs with fishing vessel operators and 

11 crews operating in the waters of the Sanc12 tuaries, and, whenever possible, include individ13 uals who engage in fishing and their vessels in 

14 cooperative research, assessment, and moni15 toring programs and educational programs to 

16 promote sustainable fisheries, conservation of 

17 resources, and navigational safety; and 

18 (I) promote education and public aware19 ness, among users of the Sanctuaries, about the 

20 need for marine resource conservation and safe 

21 navigation and marine transportation. 

22 (c) APPLICATION OF EXISTING REGULATIONS.—The 

23 regulations for Farallones NMS in subpart H of part 922 

24 of title 15, Code of Federal Regulations (or any cor25 responding similar regulation) or of the Cordell Bank 


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

2 similar regulation), including any regulations issued as a 

3 result of a joint management plan review for the Sanc4 tuaries conducted pursuant to section 304(e) of the Na5 tional Marine Sanctuaries Act (16 U.S.C. 1434(e)), shall 

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

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

8 modifies such regulations in accordance with subsection 

9 (d) of this section. 

10 (d) REVISED REGULATIONS.— 

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

12 after the date of the enactment of this Act, the Sec13 retary shall— 

14 (A) carry out an assessment of necessary 

15 revisions to the regulations for the Sanctuaries 

16 to ensure the protection of the resources of the 

17 Sanctuaries in a manner that is consistent with 

18 the purposes and policies of the National Ma19 rine Sanctuaries Act (16 U.S.C. 1431 et seq.) 

20 and the goals and objectives for the areas added 

21 to either of the Sanctuaries under subsection 

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

23 (B) issue final regulations for the Sanc24 tuaries that include any revisions identified in 


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1 the assessment carried out under subparagraph 

2 (A). 

3 (2) REGULATION OF SPECIFIC ACTIVITIES.—In 

4 carrying out the assessment required by paragraph 

5 (1)(A), the Secretary shall consider appropriate reg6 ulations for— 

7 (A) the deposit or release of introduced 

8 species into the Sanctuaries; and 

9 (B) the alteration of stream and river 

10 drainage into the Sanctuaries. 

11 (3) CONSIDERATIONS.—In carrying out the as12 sessment required by paragraph (1)(A), the Sec13 retary shall consider exempting from further regula14 tion under the National Marine Sanctuaries Act or 

15 this Act discharges that are permitted under a Na16 tional Pollution Discharge Elimination System per17 mit that is in effect on the date of enactment of this 

18 Act, or under a new or renewed National Pollution 

19 Discharge Elimination System permit if such per20 mit— 

21 (A) does not increase pollution in the 

22 Sanctuaries; and 

23 (B) that originates— 


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1 (i) in the Russian River Watershed 

2 outside the boundaries of the Gulf of the 

3 Farallones National Marine Sanctuary; or 

4 (ii) from the Bodega Marine Labora5 tory. 

6 (e) PUBLIC PARTICIPATION.—The Secretary shall 

7 provide for the participation of the general public in the 

8 review and revision of the management plans for the Sanc9 tuaries and relevant regulations under this section. 

10 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated to the Sec12 retary to carry out this Act— 

13 (1) $3,000,000 for each of fiscal years 2010 

14 through 2014, for activities other than construction 

15 and acquisition activities; and 

16 (2) $3,500,000 for fiscal year 2010 and such 

17 sums as may be necessary for each of fiscal years 

18 2011 through 2014 for construction and acquisition 

19 activities. 


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Calendar No. 147 

111TH CONGRESS 

1ST SESSION S. 212 

[Report No. 111–64] 

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 

AUGUST 4, 2009 

Reported with amendments 


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