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Union Calendar No. 340 

110TH CONGRESS 

2D SESSION H. R. 1187 

[Report No. 110–557] 

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 

MARCH 31, 2008 

Additional sponsors: Ms. ZOE LOFGREN of California, Mr. GEORGE MILLER

of California, Mr. SAXTON, Mr. STARK, Mr. THOMPSON of California, Mr. 

DEFAZIO, Mrs. NAPOLITANO, Mr. FARR, Mr. BISHOP of New York, Mr. 

ALLEN, Mr. BERMAN, Ms. MCCOLLUM of Minnesota, Mr. WAXMAN, Mrs. 

CAPPS, Ms. ESHOO, Mr. SCHIFF, Mr. HINCHEY, Mr. LANTOS, Mr. 

MCDERMOTT, Mr. OLVER, Mr. HONDA, Mrs. TAUSCHER, Ms. HARMAN, 

Mrs. CHRISTENSEN, Mr. MCGOVERN, Mr. HIGGINS, Ms. MATSUI, Mr. 

GRIJALVA, Mr. COHEN, Ms. LORETTA SANCHEZ of California, Mr. 

MEEKS of New York, Mr. GORDON of Tennessee, Mr. WU, Mr. BECERRA, 

Mr. JEFFERSON, Ms. JACKSON-LEE of Texas, Ms. ROYBAL-ALLARD, Ms. 

LINDA T. SA ́NCHEZ of California, Mr. INSLEE, Mr. UDALL of Colorado, 

Ms. WATSON, Ms. SCHAKOWSKY, Mr. HASTINGS of Florida, Ms. LEE, 

Mr. KIND, Mr. STUPAK, Mr. VISCLOSKY, Ms. CASTOR, Mr. MCNERNEY, 

and Mr. MARKEY

MARCH 31, 2008 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 


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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 16, 2007] 

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 

11 Sonoma counties of northern California. It includes 

12 approximately one-half of California’s nesting 

13 seabirds, rich benthic marine life on hard-rock sub14 strate, prolific fisheries, and substantial concentra15 tions of resident and seasonally migratory marine 

16 mammals. 

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

18 Farallones and is a submerged island with spectacVerDate Aug 31 2005 01:53 Apr 01, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6203 E:\BILLS\H1187.RH H1187

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1 ular, unique, and nationally significant marine envi2 ronments. 

3 (3) These marine environments have national 

4 and international significance, exceed the biological 

5 productivity of tropical rain forests, and support high 

6 levels of biological diversity. 

7 (4) These biological communities are easily sus8 ceptible to damage from human activities, and must 

9 be properly conserved for themselves and to protect the 

10 economic viability of their contribution to national 

11 and regional economies. 

12 (5) The Gulf of Farallones and Cordell Bank in13 clude some of the Nation’s richest fishing grounds, 

14 supporting important commercial and recreational 

15 fisheries. These fisheries are regulated by State and 

16 Federal fishery agencies and are supported and fos17 tered through protection of the waters and habitats of 

18 Gulf of the Farallones National Marine Sanctuary 

19 and Cordell Bank National Marine Sanctuary. 

20 (6) The report of the Commission on Ocean Pol21 icy established by Public Law 106–256 calls for com22 prehensive protection for the most productive ocean 

23 environments and recommends that they be managed 

24 as ecosystems. 


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1 (7) New scientific discoveries by the National 

2 Marine Sanctuary Program support comprehensive 

3 protection for these marine environments by broad4 ening the geographic scope of the existing Gulf of the 

5 Farallones National Marine Sanctuary and the 

6 Cordell Bank National Marine Sanctuary. 

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

8 upwelling system, which produces the highest biomass 

9 concentrations on the west coast of the United States. 

10 SEC. 3. POLICY AND PURPOSE. 

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

12 this Act to protect and preserve living and other resources 

13 of the Gulf of the Farallones and Cordell Bank marine envi14 ronments. 

15 (b) PURPOSE.—The purposes of this Act are the fol16 lowing: 

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

18 Farallones National Marine Sanctuary and the 

19 Cordell Bank National Marine Sanctuary to the areas 

20 described in section 5. 

21 (2) To strengthen the protections that apply in 

22 the Sanctuaries. 

23 (3) To educate and interpret for the public the 

24 ecological value and national importance of those ma25 rine environments. 


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1 (4) To manage human uses of the Sanctuaries 

2 under this Act and the National Marine Sanctuaries 

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

4 (c) EFFECT ON FISHING ACTIVITIES.—Nothing in this 

5 Act is intended to alter any existing authorities regarding 

6 the conduct and location of fishing activities in the Sanc7 tuaries. 

8 SEC. 4. DEFINITIONS. 

9 In this Act: 

10 (1) MARICULTURE.—The term ‘‘mariculture’’ 

11 means the propagation or rearing of aquatic orga12 nisms in controlled or selected aquatic environments 

13 for any commercial, recreational, or public purpose. 

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

15 Bank NMS’’ means the Cordell Bank National Ma16 rine Sanctuary. 

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

18 NMS’’ means the Gulf of the Farallones National Ma19 rine Sanctuary. 

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

21 means the Gulf of the Farallones National Marine 

22 Sanctuary and the Cordell Bank National Marine 

23 Sanctuary, as expanded by section 5. 

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

25 the Secretary of Commerce. 


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1 SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY AD2 JUSTMENTS. 

3 (a) GULF OF THE FARALLONES.— 

4 (1) BOUNDARY ADJUSTMENT.—The areas de5 scribed in paragraph (2) are added to the existing 

6 Gulf of the Farallones National Marine Sanctuary 

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

8 Regulations. 

9 (2) AREAS INCLUDED.— 

10 (A) IN GENERAL.—The areas referred to in 

11 paragraph (1) consist of the following: 

12 (i) All submerged lands and waters, in13 cluding living marine and other resources 

14 within and on those lands and waters, from 

15 the mean high water line to the boundary 

16 described in subparagraph (B). 

17 (ii) The submerged lands and waters, 

18 including living marine and other resources 

19 within those waters, within the approxi20 mately two-square-nautical-mile portion of 

21 the Cordell Bank NMS (as in effect imme22 diately before the enactment of this Act) 

23 that is located south of the area that is 

24 added to Cordell Bank NMS by subsection 

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


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1 Farallones NMS from the Cordell Bank 

2 NMS. 

3 (B) BOUNDARY DESCRIBED.—The boundary 

4 referred to in subparagraph (A)(i) commences 

5 from the mean high water line (MHWL) at 

6 39.00000 degrees north in a westward direction 

7 approximately 29 nautical miles (nm) to 

8 39.00000 north, 124.33333 west. The boundary 

9 then extends in a southeasterly direction to 

10 38.30000 degrees north, 124.00000 degrees west, 

11 approximately 44 nm westward of Bodega Head. 

12 The boundary then extends eastward to the most 

13 northeastern corner of the expanded Cordell 

14 Bank NMS at 38.30000 north, 123.20000 degrees 

15 west, approximately 6 nm miles westward of 

16 Bodega Head. The boundary then extends in a 

17 southeasterly direction to 38.26500 degrees north, 

18 123.18166 degrees west at the northwestern most 

19 point of the current Gulf of the Farallones 

20 Boundary. The boundary then follows the cur21 rent northern Gulf of the Farallones NMS 

22 boundary in a northeasterly direction to the 

23 MHWL near Bodega Head. The boundary then 

24 follows the MHWL in a northeasterly direction 

25 to the commencement point at the intersection of 


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1 the MHWL and 39.00000 north. Coordinates 

2 listed in this subparagraph are based on the 

3 North American Datum 1983 and the geographic 

4 projection. 

5 (b) CORDELL BANK.— 

6 (1) BOUNDARY ADJUSTMENT.—The area de7 scribed in paragraph (2) is added to the existing 

8 Cordell Bank National Marine Sanctuary described 

9 in part 922.80 of title 15, Code of Federal Regula10 tions. 

11 (2) AREA INCLUDED.— 

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

13 paragraph (1) consists of all submerged lands 

14 and waters, including living marine and other 

15 resources within those waters, within the bound16 ary described in subparagraph (B). 

17 (B) BOUNDARY.—The boundary referred to 

18 in subparagraph (A) commences at the most 

19 northeastern point of the current Cordell Bank 

20 NMS boundary at 38.26500 degrees north, 

21 123.18166 degrees west and extends 

22 northwestward to 38.30000 degrees north, 

23 123.20000 degrees west, approximately 6 nau24 tical miles (nm) west of Bodega Head. The 

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1 grees north, 124.00000 degrees west, approxi2 mately 44 nautical miles west of Bodega Head. 

3 The boundary then turns southeastward and con4 tinues approximately 34 nautical miles to 

5 37.76687 degrees north, 123.75142 degrees west, 

6 and then approximately 15 nm eastward to 

7 37.76687 north, 123.42694 west at an intersec8 tion with the current Cordell Bank NMS bound9 ary. The boundary then follows the current 

10 Cordell Bank NMS, which is coterminous with 

11 the current Gulf of the Farallones boundary, in 

12 a northeasterly and the northwesterly direction 

13 to its commencement point at 38.26500 degrees 

14 north, 123.18166 degrees west. Coordinates listed 

15 in this subparagraph are based on NAD83 

16 Datum and the geographic projection. 

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

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

19 managed as part of the National Marine Sanctuary Sys20 tem, established by section 301(c) of the National Marine 

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

22 that Act. 

23 (d) UPDATED NOAA CHARTS.—The Secretary shall— 


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1 (1) produce updated National Oceanic and At2 mospheric Administration nautical charts for the 

3 areas in which the Sanctuaries are located; and 

4 (2) include on those nautical charts the bound5 aries of the Sanctuaries, as revised by this Act. 

6 (e) BOUNDARY ADJUSTMENTS.—In producing revised 

7 nautical charts as directed by subsection (d) and in describ8 ing the boundaries in regulations issued by the Secretary, 

9 the Secretary may make technical modifications to the 

10 boundaries described in this section for clarity and ease of 

11 identification, as appropriate. 

12 SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PER13 MITTING. 

14 No lease or permit may be issued that authorizes explo15 ration, development, production, or transporting by pipe16 line of minerals or hydrocarbons within the Sanctuaries. 

17 SEC. 7. MANAGEMENT PLANS AND REGULATIONS. 

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

19 interim supplemental management plan for the Sanctuaries 

20 by not later than 24 months after the date of enactment 

21 of this Act, that focuses on management in the areas added 

22 to the Sanctuaries under this Act. The Secretary shall en23 sure that the supplemental plan does not weaken existing 

24 resource protections. 


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1 (b) REVISED PLANS.—The Secretary shall issue a re2 vised comprehensive management plan for the Sanctuaries 

3 during the first management review initiated after the date 

4 of the enactment of this Act under section 304(e) of the Na5 tional Marine Sanctuaries Act (16 U.S.C. 1434(e)) for the 

6 Sanctuaries, and issue such final regulations as may be 

7 necessary. 

8 (c) APPLICATION OF EXISTING REGULATIONS.—The 

9 regulations for the Gulf of the Farallones National Marine 

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

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

12 K), including any changes made as a result of a joint man13 agement plan review for the Sanctuaries conducted pursu14 ant to section 304(e) of the National Marine Sanctuaries 

15 Act (16 U.S.C. 1434(e)), shall apply to the areas added to 

16 each Sanctuary, respectively, under section 5 until the Sec17 retary modifies such regulations in accordance with sub18 section (d) of this section. 

19 (d) REVISED REGULATIONS.— 

20 (1) IN GENERAL.—The Secretary shall carry out 

21 an assessment of necessary revisions to the regulations 

22 for the Sanctuaries in a manner that ensures the pro23 tection of the resources of the Sanctuaries consistent 

24 with the purposes and policies of the National Marine 

25 Sanctuaries Act and the goals and objectives for the 


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1 new areas added to each sanctuary under section 5 of 

2 this Act. The assessment and any corresponding regu3 latory changes shall be complete within 24 months of 

4 the date of enactment of this Act. 

5 (2) REGULATION OF SPECIFIC ACTIVITIES.—In 

6 revising the regulations for the Sanctuaries pursuant 

7 to this subsection, the Secretary shall consider appro8 priate regulations for the following activities: 

9 (A) The deposit or release of introduced spe10 cies. 

11 (B) The alteration of stream and river 

12 drainage into the Sanctuaries. 

13 (C) Mariculture operations in the Sanc14 tuaries. 

15 (3) CONSIDERATIONS.—In revising the regula16 tions for the Sanctuaries pursuant to this subsection, 

17 the Secretary shall consider exempting from further 

18 regulation under the National Marine Sanctuaries 

19 Act and this Act discharges that are permitted under 

20 a National Pollution Discharge Elimination System 

21 permit in effect on the date of enactment of this Act, 

22 or under a new or renewed National Pollution Dis23 charge Elimination System permit that does not in24 crease pollution in the Sanctuaries and that origi25 nates— 


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1 (A) in the Russian River Watershed outside 

2 the boundaries of the Gulf of the Farallones Na3 tional Marine Sanctuary; or 

4 (B) from the Bodega Marine Laboratory. 

5 (e) CONTENTS OF PLANS.—Revisions to each com6 prehensive management plan under this section shall, in 

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

8 Marine Protection, Research, and Sanctuaries Act of 1972 

9 (16 U.S.C. 1434(A)(2))— 

10 (1) facilitate all appropriate public and private 

11 uses of the national marine sanctuary to which each 

12 respective plan applies consistent with the primary 

13 objective of sanctuary resource protection; 

14 (2) establish temporal and geographical zoning if 

15 necessary to ensure protection of sanctuary resources; 

16 (3) identify priority needs for research that 

17 will— 

18 (A) improve management of the Sanc19 tuaries; 

20 (B) diminish threats to the health of the 

21 ecosystems in the Sanctuaries; or 

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

23 (B); 

24 (4) establish a long-term ecological monitoring 

25 program and database, including the development 


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1 and implementation of a resource information system 

2 to disseminate information on the Sanctuaries’ eco3 system, history, culture, and management; 

4 (5) identify alternative sources of funding needed 

5 to fully implement the plan’s provisions and supple6 ment appropriations under section 313 of the Marine 

7 Protection, Research, and Sanctuaries Act of 1972 (16 

8 U.S.C. 1444); 

9 (6) ensure coordination and cooperation between 

10 sanctuary superintendents and other Federal, State, 

11 and local authorities with jurisdiction over areas 

12 within or adjacent to the Sanctuaries to deal with 

13 issues affecting the Sanctuaries, including surface 

14 water run-off, stream and river drainages, and navi15 gation; 

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

17 Farallones NMS, promote cooperation with farmers 

18 and ranchers operating in the watersheds adjacent to 

19 the Farallones NMS and establish voluntary best 

20 management practices programs; 

21 (8) promote cooperative and educational pro22 grams with fishing vessel operators and crews oper23 ating in the waters of the Sanctuaries, and, whenever 

24 possible, include individuals who engage in fishing 

25 and their vessels in cooperative research, assessment, 


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1 and monitoring programs and educational programs 

2 to promote sustainable fisheries, conservation of re3 sources, and navigational safety; and 

4 (9) promote education and public awareness, 

5 among users of the Sanctuaries, about the need for 

6 marine resource conservation and safe navigation and 

7 marine transportation. 

8 (f) PUBLIC PARTICIPATION.—The Secretary shall pro9 vide for participation by the general public in the revision 

10 of the comprehensive management plans and relevant regu11 lations under this section. 

12 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to the Sec14 retary— 

15 (1) $3,000,000 to carry out this Act for each of 

16 fiscal years 2009 through 2013, other than for con17 struction and acquisition projects; and 

18 (2) $3,500,000 for fiscal year 2009 and such 

19 sums as may be necessary for each of fiscal years 

20 2010 through 2013 for construction and acquisition 

21 projects related to the Sanctuaries. 

Amend the title so as to read: ‘‘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.’’. 


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Union Calendar No. 340 

110TH CONGRESS 

2D SESSION H. R. 1187 

[Report No. 110

–557] 

A BILL 

To expand the boundaries of the Gulf of the 

Cordell Bank National Marine Sanctuary. Farallones National Marine Sanctuary and the 

MARCH 31, 2008 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Aug 31 2005 01:53 Apr 01, 2008 Jkt 069200 PO 00000 Frm 00016 Fmt 6651 Sfmt 6651 E:\BILLS\H1187.RH H1187

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