I 
109TH CONGRESS 
1ST SESSION H. R. 1712 
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 
APRIL 19, 2005 
Ms. WOOLSEY (for herself, Mr. BACA, Mr. BECERRA, Mr. BERMAN, Mrs. 
CAPPS, Mr. CARDOZA, Mr. COSTA, Mrs. DAVIS of California, Ms. ESHOO, 
Mr. FARR, Mr. FILNER, Ms. HARMAN, Mr. HONDA, Mr. LANTOS, Ms. 
LEE, Ms. ZOE LOFGREN of California, Ms. MILLENDER-MCDONALD, Mr. 
GEORGE MILLER of California, Mrs. NAPOLITANO, Ms. ROYBAL-ALLARD, 
Ms. PELOSI, Ms. LINDA T. SA´NCHEZ of California, Ms. LORETTA 
SANCHEZ of California, Mr. SCHIFF, Mr. SHERMAN, Ms. SOLIS, Mr. 
STARK, Mrs. TAUSCHER, Mr. THOMPSON of California, Ms. WATERS, Ms. 
WATSON, Mr. WAXMAN, and Ms. MATSUI) introduced the following bill; 
which was referred to the Committee on Resources 
A BILL 
To expand the boundaries of the Gulf of the Farallones 
National Marine Sanctuary and the Cordell Bank Na-
tional Marine Sanctuary. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Gulf of the Farallones 
and Cordell Bank National Marine Sanctuaries Boundary 
Modification and Protection Act’’.
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) The Gulf of the Farallones extends approxi-
mately 100 miles along the coast of Marin and 
Sonoma counties of northern California. It includes 
approximately 
one-half 
of 
California’s 
nesting 
seabirds, rich benthic marine life on hard-rock sub-
strate, prolific fisheries, and substantial concentra-
tions of resident and seasonally migratory marine 
mammals. 
(2) Cordell Bank is adjacent to the Gulf of the 
Farallones and is a submerged island with spectac-
ular, unique, and nationally significant marine envi-
ronments. 
(3) These marine environments have national 
and international significance, exceed the biological 
productivity of tropical rain forests, and support 
high levels of biological diversity. 
(4) These biological communities are easily sus-
ceptible to damage from human activities, and must 
be properly conserved for themselves and to protect 
the economic viability of their contribution to na-
tional and regional economies. 
(5) The Gulf of Farallones and Cordell Bank 
include some of the Nation’s richest fishing grounds, 
supporting important commercial and recreational
fisheries. These fisheries are regulated by State and 
Federal fishery agencies and are supported and fos-
tered through protection of the waters and habitats 
of Gulf of the Farallones National Marine Sanctuary 
and Cordell Bank National Marine Sanctuary. 
(6) The report of the Commission on Ocean 
Policy established by Public Law 106–256 calls for 
comprehensive protection for the most productive 
ocean environments and recommends that they be 
managed as ecosystems. 
(7) New scientific discoveries by the National 
Marine Sanctuary Program support comprehensive 
protection for these marine environments by broad-
ening the geographic scope of the existing Gulf of 
the Farallones National Marine Sanctuary and the 
Cordell Bank National Marine Sanctuary. 
(8) Cordell Bank is at the nexus of an ocean 
upwelling system, which produces the highest bio-
mass concentrations on the west coast of the United 
States. 
SEC. 3. POLICY AND PURPOSE. 
(a) POLICY.—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 
environments.
(b) PURPOSE.—The purposes of this Act are the fol-
lowing: 
(1) To extend the boundaries of the Gulf of the 
Farallones National Marine Sanctuary and the 
Cordell Bank National Marine Sanctuary to the 
areas described in section 5. 
(2) To strengthen the protections that apply in 
the Sanctuaries. 
(3) To educate and interpret for the public re-
garding those marine environments. 
(4) To manage human uses of the Sanctuaries 
under this Act and the National Marine Sanctuaries 
Act (16 U.S.C. 1431 et seq.). 
(c) EFFECT ON FISHING ACTIVITIES.—Nothing in 
this Act is intended to alter any existing authorities re-
garding the conduct of fishing activities in the Sanc-
tuaries. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) AQUACULTURE.—The term ‘‘aquaculture’’ 
means the propagation or rearing of aquatic orga-
nisms in controlled or selected aquatic environments 
for any commercial, recreational, or public purpose.
(2) CORDELL BANK NMS.—The term ‘‘Cordell 
Bank NMS’’ means the Cordell Bank National Ma-
rine Sanctuary. 
(3) FARALLONES NMS.—The term ‘‘Farallones 
NMS’’ means the Gulf of the Farallones National 
Marine Sanctuary. 
(4) SANCTUARIES.—The term ‘‘Sanctuaries’’ 
means the Gulf of the Farallones National Marine 
Sanctuary and the Cordell Bank National Marine 
Sanctuary, as expanded by section 5. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(6) MEAN HIGHER HIGH WATER MARK.—The 
term ‘‘Mean Higher High Water Mark’’ means the 
arithmetic average of the elevations of the higher of 
two high waters of a tidal day over a period of time 
as determined by the National Oceanic and Atmos-
pheric Administration. 
(7) PERSON.—The term ‘‘Person’’ means any 
private or public individual, corporation, partnership, 
trust, institution, association, or any other public or 
private entity, whether foreign or domestic, or any 
officer, employee, agent, department, agency, or in-
strumentality of the Federal Government, of any
State, tribal or local unit of government, or of any 
foreign government. 
SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY AD-
JUSTMENTS. 
(a) GULF OF THE FARALLONES.— 
(1) BOUNDARY ADJUSTMENT.—The areas de-
scribed in paragraph (2) are added to the existing 
Gulf of the Farallones National Marine Sanctuary 
described in part 922.80 of title 15, Code of Federal 
Regulations. 
(2) AREAS INCLUDED.— 
(A) IN GENERAL.—The areas referred to 
in paragraph (1) consist of the following: 
(i) All submerged lands and waters, 
including living marine and other resources 
within and on those lands and waters, 
from the mean higher high water mark to 
the boundary described in subparagraph 
(B). 
(ii) The submerged lands and waters, 
including living marine and other resources 
within those waters, within the approxi-
mately two square nautical mile portion of 
Cordell Bank NMS (as in effect imme-
diately before the enactment of this Act)
that is located south of the area that is 
added to Cordell Bank NMS by subsection 
(b)(2), which are transferred to the 
Farallones NMS from the Cordell Bank 
NMS. 
(B) BOUNDARY DESCRIBED.—The bound-
ary referred to in subparagraph (A)(i) is the 
line formed by connecting points in succession 
beginning at Bodega Head’ Southernmost Point 
located at 38 degrees, 18 minutes north lati-
tude, 123 degrees, 6.5 minutes west longitude; 
then in a northwestly direction along the coast 
to the mouth of the Gualala River at 38 de-
grees, 45 minutes north latitude, 123 degrees, 
31.9 minutes west longitude; then west 21.7 
nautical miles to 38 degrees, 45 minutes north 
latitude, 124 degrees west longitude; then due 
south 27 nautical miles to 38 degrees, 18 min-
utes north latitude, 124 degrees west longitude; 
then 37.7 nautical miles east to 38 degrees, 18 
minutes north latitude, 123 degrees, 12 minutes 
west longitude; then to the shared boundary of 
the Farallones NMS and Cordell Bank NMS 
(as in effect immediately before the enactment 
of this Act) at 38 degrees, 15.9 minutes north
latitude, 123 degrees, 10.9 minutes west lon-
gitude. 
(b) CORDELL BANK.— 
(1) BOUNDARY
ADJUSTMENT.—The area de-
scribed in paragraph (2) is added to the existing 
Cordell Bank National Marine Sanctuary described 
in part 922.80 of title 15, Code of Federal Regula-
tions. 
(2) AREA INCLUDED.— 
(A) IN GENERAL.—The area referred to in 
paragraph (1) consists of all submerged lands 
and waters, including living marine and other 
resources within those waters, within the 
boundary described in subparagraph (B). 
(B) BOUNDARY.—The boundary referred 
to in subparagraph (B) is the line formed by 
connecting points in succession beginning at the 
present most northeastern point of the Cordell 
Bank NMS at 38 degrees, 15.9 minutes north 
latitude, 123 degrees, 10.9 minutes west lon-
gitude; then to 38 degrees, 18 minutes north 
latitude, 123 degrees, 12 minutes west lon-
gitude, which is 7 miles west of Bodega Head; 
then to 38 degrees, 18 minutes north latitude, 
123 degrees, 40 minutes west longitude, which
is 28.6 nautical miles west of Bodega Head; 
then due south 32 nautical miles to 37 degrees, 
50 minutes north latitude, 123 degrees, 40 min-
utes west longitude; then 11.5 nautical miles 
east where it intersects with a boundary shared 
by Cordell Bank NMS and Farallones NMS at 
37 degrees, 50 minutes north latitude, 123 de-
grees, 25.4 minutes west longitude. 
(c) INCLUSION IN THE SYSTEM.—The areas included 
in the Sanctuaries under subsections (a) and (b) of this 
section shall be managed as part of the National Marine 
Sanctuary System, established by section 301(c) of the 
National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in 
accordance with that Act. 
(d) UPDATED NOAA CHARTS.—The Secretary of 
Commerce shall— 
(1) produce updated National Oceanic and At-
mospheric Administration charts for the areas in 
which are located the Farallones NMS and Cordell 
Bank NMS; and 
(2) include on those charts the boundaries of 
such national marine sanctuaries, as revised by this 
Act.
SEC. 6. PROHIBITION OF CERTAIN USES. 
(a) MINERAL AND HYDROCARBON LEASING, EXPLO-
RATION, DEVELOPMENT, AND PRODUCTION.—No leasing, 
exploration, development, production, or transporting by 
pipeline of minerals or hydrocarbons shall be permitted 
within the Sanctuaries. 
(b) AQUACULTURE.— 
(1) PROHIBITION.—It is unlawful for any per-
son to conduct aquaculture— 
(A) in any area of the Sanctuaries; or 
(B) within Monterey Bay National Marine 
Sanctuary. 
(2) EXISTING BIVALVE FARMING ALLOWED.— 
The prohibition in paragraph (1) shall not apply to 
persons conducting farming operations of bivalve 
species that are in existence on the date of enact-
ment of this Act. 
(3) REGULATIONS.—The Secretary shall issue 
regulations that specify the operations referred to in 
paragraph (2). 
(c) DISCHARGE OF MATERIALS AND SUBSTANCES.— 
(1) PROHIBITIONS.—It is unlawful for any per-
son— 
(A) to deposit or discharge any material or 
substance of any kind within the Sanctuaries;
(B) to deposit or discharge any material or 
substance of any kind that enters and injures 
any sanctuary resource (as that term is defined 
in the National Marine Sanctuaries Act); or 
(C) to deposit or discharge any invasive 
species from a vessel in the Sanctuaries. 
(2) CHANGES IN SALINITY.—No person shall 
cause a change of salinity in the Sanctuaries that is 
injurious to the marine ecosystem of the Sanc-
tuaries. 
(3) LIMITATION
ON
APPLICABILITY.—Para-
graph (1) does not apply with respect to any dis-
charge— 
(A) of fish, fish parts, and chumming ma-
terials resulting from, and while conducting 
otherwise lawful, fishing activity; 
(B) of food consumed onboard a vessel; 
(C) of biodegradable effluents incidental to 
vessel use and generated by an operable Type 
I or II marine sanitation device as classified by 
the United States Coast Guard, that is ap-
proved in accordance with section 312 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1322) provided the vessel operator secures all 
marine sanitation devices in a manner that pre-
vents discharge of untreated sewage from a 
Type I or Type II Coast Guard-approved sani-
tation devices, except that this subparagraph 
does not apply with respect to a discharge from 
a cruise ship within the boundaries of either 
sanctuary; 
(D) of biodegradable material resulting 
from deck wash down and vessel engine cooling 
water (excluding ballast water and oily wastes 
from bilge pumping), from a vessel; 
(E) from vessel engine exhaust; or 
(F) that— 
(i) originates in the Russian River 
Watershed outside the boundaries of the 
Gulf of the Farallones National Marine 
Sanctuary; 
(ii) originates from the Bodega Ma-
rine Laboratory; and 
(iii) is permitted under a National 
Pollution Discharge Elimination System 
permit that is in effect on the date of en-
actment of this Act, or under a new or re-
newed National Pollution Discharge Elimi-
nation System permit that does not in-
crease pollution in the Sanctuaries.
(d) CONSULTATION REQUIREMENT FOR CHANGES IN 
WATER FLOW.—Any Federal, State or local government 
agency that is responsible for significant alteration of 
fresh water flow regimes that may affect the Sanctuaries 
must consult with the Secretary prior to initiating such 
change in order to ensure sanctuary resources are not in-
jured. 
(e) PENALTIES AND ENFORCEMENT.—A violation of 
this section shall be treated as a violation of section 306 
of the Marine Protection, Research, and Sanctuaries Act 
of 1972 (16 U.S.C. 1436). 
SEC. 7. MANAGEMENT PLANS AND REGULATIONS. 
(a) INTERIM PLAN.—The Secretary shall complete an 
interim supplemental management plan for each of the 
Sanctuaries by not later than 30 months after the date 
of enactment of this Act, that focuses on management in 
the areas added under this Act. These supplemental plans 
shall not weaken existing resource protections. 
(b) REVISED PLANS.—The Secretary shall issue a re-
vised comprehensive management plan for each of the 
Sanctuaries during the next management review process 
required by section 304 of the National Marine Sanc-
tuaries Act (16 U.S.C. 1434(e)) for the Sanctuaries, and 
issue such final regulations as may be necessary.
(c) APPLICATION OF EXISTING REGULATIONS.—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) shall apply to the areas added to the Sanctuaries under 
section 5 until the Secretary modifies such regulations in 
accordance with this section. 
(d) PROCEDURES.—In developing the revisions under 
this section, the Secretary shall follow the procedures spec-
ified in sections 303 and 304 of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 
and 1434), except those procedures requiring the delinea-
tion of national marine sanctuary boundaries and develop-
ment of a resource assessment report. 
(e) CONTENTS OF PLANS.—Revisions to each com-
prehensive management plan under this section shall, in 
addition to matters required under section 304(a)(2) of 
the Marine Protection, Research and Sanctuaries Act of 
1972 (16 U.S.C. 1434(A)(2))— 
(1) facilitate all public and private uses of each 
of the Sanctuaries consistent with the primary objec-
tive of sanctuary resource protection; 
(2) establish temporal and geographical zoning 
if necessary to ensure protection of sanctuary re-
sources;
(3) identify priority needs for research which 
will— 
(A) improve management of each of the 
Sanctuaries; 
(B) diminish threats to the health of the 
ecosystems in the Sanctuaries; or 
(C) fulfill both of subparagraphs (A) and 
(B); 
(4) establish a long-term ecological monitoring 
program and database, including the development 
and implementation of a resource information sys-
tem to disseminate information on the Sanctuaries’ 
ecosystem, history, culture and management; 
(5) identify alternative sources of funding need-
ed to fully implement the plan’s provisions and sup-
plement appropriations under section 313 of the Ma-
rine Protection, Research, and Sanctuaries Act of 
1972 (16 U.S.C. 1444); 
(6) ensure coordination and cooperation be-
tween Sanctuary managers and other Federal, State, 
and local authorities with jurisdiction within or adja-
cent to the Sanctuaries; 
(7) in the case of revisions to the plan for the 
Farallones NMS, promote cooperation with farmers 
and ranchers operating in the watersheds adjacent
to the Gulf of the Farallones NMS and establish vol-
untary best practices programs for farming and 
ranching; 
(8) promote cooperative and educational pro-
grams with fishing vessel operators and crews oper-
ating in the waters of the Sanctuaries, and, when-
ever possible, include individuals who engage in fish-
ing and their vessels in cooperative research, assess-
ment, and monitoring programs of the education, 
among users of the Sanctuaries, about conservation 
and navigational safety and the conservation of 
those resources; and 
(9) promote education, among users of the 
Sanctuaries, about conservation and navigation safe-
ty. 
(f) PUBLIC PARTICIPATION.—The Secretary shall 
provide for participation by the general public in the revi-
sion of the comprehensive management plans and regula-
tions under this section. 
SEC. 8. FEASIBILITY OF A NEW SANCTUARY DESIGNATION. 
(a) REVIEW AND RECOMMENDATION.—As part of the 
first review, following the date of enactment of this Act, 
of the Gulf of the Farallones National Marine Sanctuary 
Management Plan pursuant to section 304(e) of the Na-
tional Marine Sanctuaries Act (16 U.S.C. 1434(e)), the 
Secretary shall— 
(1) conduct a review of the operations of the 
Farallones NMS; and 
(2) following not less than one public hearing 
held in the area added to the Farallones NMS by 
this Act and the receipt of public comment, deter-
mine whether that area shall be designated as a new 
and separate National Marine Sanctuary. 
(b) CONSIDERATIONS
FOR
DETERMINATION.—In 
making the determination under subsection (a)(2), the 
Secretary shall consider responsiveness to local needs, the 
effectiveness of conservation, education and volunteer pro-
grams, and organizational efficiency. 
(c) IMPLEMENTATION OF DETERMINATION.—If the 
Secretary determines under subsection (b) to designate a 
new national marine sanctuary, the Secretary shall imple-
ment measures to assure a smooth and effective transition 
to a separate national marine sanctuary. 
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