I 

110TH CONGRESS 

1ST SESSION H. R. 1187 

To expand the boundaries of the Gulf of the Farallones National Marine 

Sanctuary and the Cordell Bank National Marine Sanctuary. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Ms. WOOLSEY (for herself and Mr. GILCHREST) 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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 and Cordell Bank National Marine Sanctuaries Boundary 

6 Modification and Protection Act’’. 

7 SEC. 2. FINDINGS. 

8 The Congress finds the following: 

9 (1) The Gulf of the Farallones extends approxi10 mately 100 miles along the coast of Marin and 


jcorcoran on PROD1PC62 with BILLS
2 

•HR 1187 IH

1 Sonoma counties of northern California. It includes 

2 approximately one-half of California’s nesting 

3 seabirds, rich benthic marine life on hard-rock sub4 strate, prolific fisheries, and substantial concentra5 tions of resident and seasonally migratory marine 

6 mammals. 

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

8 Farallones and is a submerged island with spectac9 ular, unique, and nationally significant marine envi10 ronments. 

11 (3) These marine environments have national 

12 and international significance, exceed the biological 

13 productivity of tropical rain forests, and support 

14 high levels of biological diversity. 

15 (4) These biological communities are easily sus16 ceptible to damage from human activities, and must 

17 be properly conserved for themselves and to protect 

18 the economic viability of their contribution to na19 tional and regional economies. 

20 (5) The Gulf of Farallones and Cordell Bank 

21 include some of the Nation’s richest fishing grounds, 

22 supporting important commercial and recreational 

23 fisheries. These fisheries are regulated by State and 

24 Federal fishery agencies and are supported and fos25 tered through protection of the waters and habitats 


jcorcoran on PROD1PC62 with BILLS
3 

•HR 1187 IH

1 of Gulf of the Farallones National Marine Sanctuary 

2 and Cordell Bank National Marine Sanctuary. 

3 (6) The report of the Commission on Ocean 

4 Policy established by Public Law 106–256 calls for 

5 comprehensive protection for the most productive 

6 ocean environments and recommends that they be 

7 managed as ecosystems. 

8 (7) New scientific discoveries by the National 

9 Marine Sanctuary Program support comprehensive 

10 protection for these marine environments by broad11 ening the geographic scope of the existing Gulf of 

12 the Farallones National Marine Sanctuary and the 

13 Cordell Bank National Marine Sanctuary. 

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

15 upwelling system, which produces the highest bio16 mass concentrations on the west coast of the United 

17 States. 

18 SEC. 3. POLICY AND PURPOSE. 

19 (a) POLICY.—It is the policy of the United States in 

20 this Act to protect and preserve living and other resources 

21 of the Gulf of the Farallones and Cordell Bank marine 

22 environments. 

23 (b) PURPOSE.—The purposes of this Act are the fol24 lowing: 


jcorcoran on PROD1PC62 with BILLS
4 

•HR 1187 IH

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

2 Farallones National Marine Sanctuary and the 

3 Cordell Bank National Marine Sanctuary to the 

4 areas described in section 5. 

5 (2) To strengthen the protections that apply in 

6 the Sanctuaries. 

7 (3) To educate and interpret for the public re8 garding those marine environments. 

9 (4) To manage human uses of the Sanctuaries 

10 under this Act and the National Marine Sanctuaries 

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

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

13 this Act is intended to alter any existing authorities re14 garding the conduct and location of fishing activities in 

15 the Sanctuaries. 

16 SEC. 4. DEFINITIONS. 

17 In this Act: 

18 (1) AQUACULTURE.—The term ‘‘aquaculture’’ 

19 means the propagation or rearing of aquatic orga20 nisms in controlled or selected aquatic environments 

21 for any commercial, recreational, or public purpose. 

22 (2) CORDELL BANK NMS.—The term ‘‘Cordell 

23 Bank NMS’’ means the Cordell Bank National Ma24 rine Sanctuary. 


jcorcoran on PROD1PC62 with BILLS
5 

•HR 1187 IH

1 (3) FARALLONES NMS.—The term ‘‘Farallones 

2 NMS’’ means the Gulf of the Farallones National 

3 Marine Sanctuary. 

4 (4) SANCTUARIES.—The term ‘‘Sanctuaries’’ 

5 means the Gulf of the Farallones National Marine 

6 Sanctuary and the Cordell Bank National Marine 

7 Sanctuary, as expanded by section 5. 

8 (5) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Commerce. 

10 (6) PERSON.—The term ‘‘person’’ means— 

11 (A) any private or public individual, cor12 poration, partnership, trust, institution, associa13 tion, or other entity, whether foreign or domes14 tic; or 

15 (B) any officer, employee, agent, depart16 ment, agency, or instrumentality of— 

17 (i) the Federal Government; 

18 (ii) any State, tribal, or local unit of 

19 government; or 

20 (iii) any foreign government. 

21 SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY AD22 JUSTMENTS. 

23 (a) GULF OF THE FARALLONES.— 

24 (1) BOUNDARY ADJUSTMENT.—The areas de25 scribed in paragraph (2) are added to the existing 


jcorcoran on PROD1PC62 with BILLS
6 

•HR 1187 IH

1 Gulf of the Farallones National Marine Sanctuary 

2 described in part 922.80 of title 15, Code of Federal 

3 Regulations. 

4 (2) AREAS INCLUDED.— 

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

6 in paragraph (1) consist of the following: 

7 (i) All submerged lands and waters, 

8 including living marine and other resources 

9 within and on those lands and waters, 

10 from the mean high water line to the 

11 boundary described in subparagraph (B). 

12 (ii) The submerged lands and waters, 

13 including living marine and other resources 

14 within those waters, within the approxi15 mately two-square-nautical-mile portion of 

16 the Cordell Bank NMS (as in effect imme17 diately before the enactment of this Act) 

18 that is located south of the area that is 

19 added to Cordell Bank NMS by subsection 

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

21 Farallones NMS from the Cordell Bank 

22 NMS. 

23 (B) BOUNDARY DESCRIBED.—The bound24 ary referred to in subparagraph (A)(i) com25 mences from the mean high water line 


jcorcoran on PROD1PC62 with BILLS
7 

•HR 1187 IH

1 (MHWL) at 39.00000 degrees north in a west2 ward direction approximately 29 nautical miles 

3 (nm) to 39.00000 north, 124.33333 west. The 

4 boundary then extends in a southeasterly direc5 tion to 38.30000 degrees north, 124.00000 de6 grees west, approximately 44 nm westward of 

7 Bodega Head. The boundary then extends east8 ward to the most northeastern corner of the ex9 panded Cordell Bank NMS at 38.30000 north, 

10 123.20000 degrees west, approximately 6 nm 

11 miles westward of Bodega Head. The boundary 

12 then extends in a southeasterly direction to 

13 38.26500 degrees north, 123.18166 degrees 

14 west at the northwestern most point of the cur15 rent Gulf of the Farallones Boundary. The 

16 boundary then follows the current northern 

17 Gulf of the Farallones NMS boundary in a 

18 northeasterly direction to the MHWL near 

19 Bodega Head. The boundary then follows the 

20 MHWL in a northeasterly direction to the com21 mencement point at the intersection of the 

22 MHWL and 39.00000 north. Coordinates listed 

23 in this subparagraph are based on the North 

24 American Datum 1983 and the geographic pro25 jection. 


jcorcoran on PROD1PC62 with BILLS
8 

•HR 1187 IH

1 (b) CORDELL BANK.— 

2 (1) BOUNDARY ADJUSTMENT.—The area de3 scribed in paragraph (2) is added to the existing 

4 Cordell Bank National Marine Sanctuary described 

5 in part 922.80 of title 15, Code of Federal Regula6 tions. 

7 (2) AREA INCLUDED.— 

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

9 paragraph (1) consists of all submerged lands 

10 and waters, including living marine and other 

11 resources within those waters, within the 

12 boundary described in subparagraph (B). 

13 (B) BOUNDARY.—The boundary referred 

14 to in subparagraph (A) commences at the most 

15 northeastern point of the current Cordell Bank 

16 NMS boundary at 38.26500 degrees north, 

17 123.18166 degrees west and extends 

18 northwestward to 38.30000 degrees north, 

19 123.20000 degrees west, approximately 6 nau20 tical miles (nm) west of Bodega Head. The 

21 boundary then extends westward to 38.30000 

22 degrees north, 123.66666 degrees west, ap23 proximately 28 nautical miles west of Bodega 

24 Head. The boundary then turns southward and 

25 continues approximately 32 nautical miles to 


jcorcoran on PROD1PC62 with BILLS
9 

•HR 1187 IH

1 37.83333 degrees north, 123.66666 degrees 

2 west, and then approximately 11 nm eastward 

3 to 37.83333 north, 123.42333 west at an inter4 section with the current Gulf of the Farallones 

5 NMS boundary. The boundary then follows the 

6 current Cordell Bank NMS, which is cotermi7 nous with the current Gulf of the Farallones 

8 boundary, in a northeasterly and the northwest9 erly direction to its commencement point at 

10 38.26500 degrees north, 123.18166 degrees 

11 west. Coordinates listed in this subparagraph 

12 are based on NAD83 Datum and the geo13 graphic projection. 

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

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

16 managed as part of the National Marine Sanctuary Sys17 tem, established by section 301(c) of the National Marine 

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

19 that Act. 

20 (d) UPDATED NOAA CHARTS.—The Secretary 

21 shall— 

22 (1) produce updated National Oceanic and At23 mospheric Administration charts for the areas in 

24 which are located the Farallones NMS and Cordell 

25 Bank NMS; and 


jcorcoran on PROD1PC62 with BILLS
10 

•HR 1187 IH

1 (2) include on those charts the boundaries of 

2 such national marine sanctuaries, as revised by this 

3 Act. 

4 (e) BOUNDARY ADJUSTMENTS.—In producing re5 vised charts as directed by subsection (d) of this section 

6 and in describing the boundaries in regulations issued by 

7 the Secretary, the Secretary may make technical modifica8 tions to the boundaries described in this section for clarity 

9 and ease of identification, as appropriate. 

10 SEC. 6. PROHIBITION OF CERTAIN USES. 

11 (a) MINERAL AND HYDROCARBON LEASING, EXPLO12 RATION, DEVELOPMENT, AND PRODUCTION.—No leasing, 

13 exploration, development, production, or transporting by 

14 pipeline of minerals or hydrocarbons shall be permitted 

15 within the Sanctuaries. 

16 (b) AQUACULTURE.— 

17 (1) PROHIBITION.—It is unlawful for any per18 son to conduct aquaculture— 

19 (A) in any area of the Sanctuaries; or 

20 (B) within Monterey Bay National Marine 

21 Sanctuary. 

22 (2) EXISTING BIVALVE FARMING ALLOWED.— 

23 The prohibition in paragraph (1) shall not apply to 

24 persons and their successors conducting bivalve 

25 farming operations that are in existence on the date 


jcorcoran on PROD1PC62 with BILLS
11 

•HR 1187 IH

1 of enactment of this Act, and shall not apply to their 

2 successors in such operations. 

3 (3) REGULATIONS.—The Secretary shall issue 

4 regulations that specify the operations referred to in 

5 paragraph (2). 

6 (c) DISCHARGE OF MATERIALS AND SUBSTANCES.— 

7 (1) PROHIBITIONS.—It is unlawful for any per8 son— 

9 (A) to deposit or discharge any material or 

10 substance of any kind within the Sanctuaries; 

11 (B) to deposit or discharge any material or 

12 substance of any kind that enters and injures 

13 any sanctuary resource (as that term is defined 

14 in the National Marine Sanctuaries Act); or 

15 (C) to deposit or discharge any introduced 

16 species in the Sanctuaries. 

17 (2) CHANGES IN SALINITY.—No person shall 

18 cause a change of salinity in the Sanctuaries that in19 jures, causes the loss of, or destroys any sanctuary 

20 resource. 

21 (3) LIMITATION ON APPLICABILITY.—Para22 graph (1) does not apply with respect to any dis23 charge— 


jcorcoran on PROD1PC62 with BILLS
12 

•HR 1187 IH

1 (A) of fish, fish parts, and chumming ma2 terials resulting from, and while conducting 

3 otherwise lawful, fishing activity; 

4 (B) of biodegradable effluents incidental to 

5 vessel use and generated by an operable Type 

6 I or II marine sanitation device (as classified by 

7 the Coast Guard) that is approved in accord8 ance with section 312 of the Federal Water Pol9 lution Control Act (33 U.S.C. 1322) if all ma10 rine sanitation devices on the vessel are secured 

11 in a manner that prevents discharge of un12 treated sewage from a Type I or Type II Coast 

13 Guard-approved sanitation devices on the ves14 sel, except that this subparagraph does not 

15 apply with respect to a discharge from a cruise 

16 ship within the boundaries of either of the 

17 Sanctuaries; 

18 (C) of biodegradable material resulting 

19 from deck wash down from a vessel; 

20 (D) from vessel engine exhaust; or 

21 (E) that— 

22 (i) originates in the Russian River 

23 Watershed outside the boundaries of the 

24 Gulf of the Farallones National Marine 

25 Sanctuary; 


jcorcoran on PROD1PC62 with BILLS
13 

•HR 1187 IH

1 (ii) originates from the Bodega Ma2 rine Laboratory; and 

3 (iii) is permitted under a National 

4 Pollution Discharge Elimination System 

5 permit that is in effect on the date of en6 actment of this Act, or under a new or re7 newed National Pollution Discharge Elimi8 nation System permit that does not in9 crease pollution in the Sanctuaries. 

10 (d) CONSULTATION REQUIREMENT FOR CHANGES IN

11 WATER FLOW.—Any Federal, State, or local government 

12 agency that is responsible for significant alteration of 

13 fresh water flow regimes that may affect the Sanctuaries 

14 must consult with the Secretary prior to initiating such 

15 change in order to ensure sanctuary resources are not in16 jured. 

17 (e) PENALTIES AND ENFORCEMENT.—A violation of 

18 this section shall be treated as a violation of section 306 

19 of the Marine Protection, Research, and Sanctuaries Act 

20 of 1972 (16 U.S.C. 1436). 

21 (f) SECRETARIAL AUTHORITY NOT LIMITED.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), nothing in this Act limits the authority 

24 of the Secretary to prohibit, allow, or otherwise reg25 ulate the discharge of materials or other substances. 


jcorcoran on PROD1PC62 with BILLS
14 

•HR 1187 IH

1 (2) LIMITATION WITH RESPECT TO DIS2 CHARGES.—The Secretary may only modify the reg3 ulation of those activities listed in subsection (c) to 

4 further protection of sanctuary resources and quali5 ties. 

6 SEC. 7. MANAGEMENT PLANS AND REGULATIONS. 

7 (a) INTERIM PLAN.—The Secretary shall complete an 

8 interim supplemental management plan for each of the 

9 Sanctuaries by not later than 30 months after the date 

10 of enactment of this Act, that focuses on management in 

11 the areas added to the Sanctuaries under this Act. The 

12 Secretary shall ensure that these supplemental plans shall 

13 not weaken existing resource protections. 

14 (b) REVISED PLANS.—The Secretary shall issue a re15 vised comprehensive management plan for each of the 

16 Sanctuaries during the first management review initiated 

17 after the date of the enactment of this Act under section 

18 304(e) of the National Marine Sanctuaries Act (16 U.S.C. 

19 1434(e)) for each of the Sanctuaries, and issue such final 

20 regulations as may be necessary. 

21 (c) APPLICATION OF EXISTING REGULATIONS.—The 

22 regulations for the Gulf of the Farallones National Marine 

23 Sanctuary (15 C.F.R. 922, subpart H) and the Cordell 

24 Bank National Marine Sanctuary (15 C.F.R. 922, subpart 

25 K), respectively, shall apply to the areas added to the relVerDate Aug 31 2005 04:41 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1187.IH H1187

jcorcoran on PROD1PC62 with BILLS
15 

•HR 1187 IH

1 evant Sanctuary under section 5 until the Secretary modi2 fies such regulations in accordance with this section. 

3 (d) CONTENTS OF PLANS.—Revisions to each com4 prehensive management plan under this section shall, in 

5 addition to matters required under section 304(a)(2) of 

6 the Marine Protection, Research, and Sanctuaries Act of 

7 1972 (16 U.S.C. 1434(A)(2))— 

8 (1) facilitate all public and private uses of the 

9 national marine sanctuary to which the plan applies 

10 consistent with the primary objective of sanctuary 

11 resource protection; 

12 (2) establish temporal and geographical zoning 

13 if necessary to ensure protection of sanctuary re14 sources; 

15 (3) identify priority needs for research that 

16 will— 

17 (A) improve management of the Sanc18 tuaries; 

19 (B) diminish threats to the health of the 

20 ecosystems in the Sanctuaries; or 

21 (C) fulfill both of subparagraphs (A) and 

22 (B); 

23 (4) establish a long-term ecological monitoring 

24 program and database, including the development 

25 and implementation of a resource information sysVerDate Aug 31 2005 04:41 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1187.IH H1187

jcorcoran on PROD1PC62 with BILLS
16 

•HR 1187 IH

1 tem to disseminate information on the Sanctuaries’ 

2 ecosystem, history, culture, and management; 

3 (5) identify alternative sources of funding need4 ed to fully implement the plan’s provisions and sup5 plement appropriations under section 313 of the Ma6 rine Protection, Research, and Sanctuaries Act of 

7 1972 (16 U.S.C. 1444); 

8 (6) ensure coordination and cooperation be9 tween sanctuary superintendents and other Federal, 

10 State, and local authorities with jurisdiction over 

11 areas within or adjacent to the Sanctuaries to deal 

12 with issues affecting the Sanctuaries, including 

13 nonpoint discharges and navigation; 

14 (7) in the case of revisions to the plan for the 

15 Farallones NMS, promote cooperation with farmers 

16 and ranchers operating in the watersheds adjacent 

17 to the Farallones NMS and establish voluntary best 

18 practices programs for farming and ranching; 

19 (8) promote cooperative and educational pro20 grams with fishing vessel operators and crews oper21 ating in the waters of the Sanctuaries, and, when22 ever possible, include individuals who engage in fish23 ing and their vessels in cooperative research, assess24 ment, and monitoring programs and educational 


jcorcoran on PROD1PC62 with BILLS
17 

•HR 1187 IH

1 programs to promote sustainable fisheries, conserva2 tion of resources, and navigational safety; and 

3 (9) promote education, among users of the 

4 Sanctuaries, about conservation and navigation safe5 ty. 

6 (e) PUBLIC PARTICIPATION.—The Secretary shall 

7 provide for participation by the general public in the revi8 sion of the comprehensive management plans and regula9 tions under this section. 

10 SEC. 8. FEASIBILITY OF A NEW SANCTUARY DESIGNATION. 

11 (a) REVIEW AND RECOMMENDATION.—As part of the 

12 first review initiated after the date of enactment of this 

13 Act of the Gulf of the Farallones National Marine Sanc14 tuary Management Plan pursuant to section 304(e) of the 

15 National Marine Sanctuaries Act (16 U.S.C. 1434(e)), the 

16 Secretary shall— 

17 (1) conduct a review of the operations of the 

18 Farallones NMS; and 

19 (2) following not less than one public hearing 

20 held in Sonoma County, California, and the receipt 

21 of public comment, determine whether the aea of the 

22 Gulf of the Farallones National Marine Sanctuary 

23 expanded by this Act shall be designated as a new 

24 and separate national marine sanctuary. 


jcorcoran on PROD1PC62 with BILLS
18 

•HR 1187 IH

1 (b) CONSIDERATIONS FOR DETERMINATION.—In 

2 making the determination under subsection (a)(2), the 

3 Secretary shall consider responsiveness to local needs, the 

4 effectiveness of conservation, education and volunteer pro5 grams, and organizational efficiency. 

6 (c) IMPLEMENTATION OF DETERMINATION.—If the 

7 Secretary determines under subsection (b) to designate a 

8 new national marine sanctuary, the Secretary shall imple9 ment measures to assure a smooth and effective transition 

10 to a separate national marine sanctuary. 

Æ 


jcorcoran on PROD1PC62 with BILLS