I 
108TH CONGRESS 
2D SESSION 
H. R. 5352
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 
OCTOBER 8, 2004
Ms. WOOLSEY 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
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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
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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:
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(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.
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SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY AD-
JUSTMENTS. 
(a) GULF OF THE FARALLONES.—
(1) BOUNDARY
ADJUSTMENT.—The area de-
scribed in paragraph (2) is added to the existing 
Gulf of the Farallones National Marine Sanctuary 
described in part 922.80 of title 15, Code of Federal 
Regulations. 
(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 and on those lands and waters, 
from the mean higher high water mark to the 
boundaries described in subparagraph (B). 
(B) BOUNDARIES.—The boundaries re-
ferred to in paragraph (1) are the following: 
(i) A boundary forming one polygon 
added under paragraph (1), that—
(I) begins at Bodega Head’s 
Southernmost Point located at 38 de-
grees 17 minutes 36 seconds north 
latitude, 123 degrees 3 minutes 29 
seconds west longitude; 
(II) then connects in succession 
the points at the coordinates—
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(aa) 38 degrees 15 minutes 
46 seconds north latitude, 123 
degrees 10 minutes 45 seconds 
west longitude; 
(bb) 38 degrees 17 minutes 
37 seconds north latitude, 123 
degrees 12 minutes 8 seconds 
west longitude; 
(cc) 38 degrees 16 minutes 
28 seconds north latitude, 123 
degrees 52 minutes 42 seconds 
west longitude; and 
(dd) 38 degrees 45 minutes 
23 seconds north latitude, 123 
degrees 54 minutes 22 seconds 
west longitude; and 
(III) then runs eastward to 38 
degrees 46 minutes 6 seconds north 
latitude, 123 degrees 31 minutes 53 
seconds west longitude. 
(ii) A boundary forming another pol-
ygon added under paragraph (1), that—
(I) begins approximately 107.55 
km south of the described in clause 
(i)(III) at 37 degrees 48 minutes 2
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seconds north latitude, 123 degrees 
28 minutes 22 seconds west longitude; 
and 
(II) then connects in succession 
the points at the coordinates—
(aa) 37 degrees 48 minutes 
7 seconds north latitude, 123 de-
grees 25 minutes 31 seconds 
west longitude; 
(bb) 37 degrees 46 minutes 
2 seconds north latitude, 123 de-
grees 25 minutes 35 seconds 
west longitude; 
(cc) 37 degrees 46 minutes 
49 seconds north latitude, 123 
degrees 26 minutes 47 seconds 
west longitude; and 
(dd) 37 degrees 47 minutes 
00 seconds north latitude, 123 
degrees 27 minutes 16 seconds 
west longitude. 
(b) CORDELL BANK.—
(1) BOUNDARY
ADJUSTMENT.—The area de-
scribed in paragraph (2) is added to the existing 
Cordell Bank National Marine Sanctuary described
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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 paragraph (1)—
(i) begins approximately 55 km to the 
west of Bodega Head at 38 degrees 16 
minutes 49 seconds north latitude, 123 de-
grees 41 minutes 20 seconds west lon-
gitude; and 
(ii) then connects in succession the 
points at the coordinates—
(I) 38 degrees 17 minutes 41 
seconds north latitude, 123 degrees 
12 minutes 11 seconds west longitude; 
(II) 38 degrees 15 minutes 53 
seconds north latitude, 123 degrees 
10 minutes 46 seconds west longitude;
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(III) 38 degrees 15 minutes 51 
seconds north latitude, 123 degrees 
10 minutes 52 seconds west longitude; 
(IV) 38 degrees 7 minutes 56 
seconds north latitude, 123 degrees 
38 minutes 33 seconds west longitude; 
(V) 38 degrees 6 minutes 45 sec-
onds north latitude, 123 degrees 38 
minutes 00 seconds west longitude; 
(VI) 38 degrees 4 minutes 58 
seconds north latitude, 123 degrees 
37 minutes 14 seconds west longitude; 
(VII) 38 degrees 4 minutes 28 
seconds north latitude, 123 degrees 
37 minutes 17 seconds west longitude; 
(VIII) 38 degrees 3 minutes 42 
seconds north latitude, 123 degrees 
36 minutes 55 seconds west longitude; 
(IX) 38 degrees 3 minutes 11 
seconds north latitude, 123 degrees 
36 minutes 19 seconds west longitude; 
(X) 38 degrees 2 minutes 46 sec-
onds north latitude, 123 degrees 36 
minutes 21 seconds west longitude;
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(XI) 38 degrees 2 minutes 2 sec-
onds north latitude, 123 degrees 35 
minutes 56 seconds west longitude; 
(XII) 38 degrees 1 minute 27 
seconds north latitude, 123 degrees 
35 minutes 55 seconds west longitude; 
(XIII) 38 degrees 1 minute 22 
seconds north latitude, 123 degrees 
36 minutes 55 seconds west longitude; 
(XIV) 38 degrees 1 minute 11 
seconds north latitude, 123 degrees 
37 minutes 28 seconds west longitude; 
(XV) 38 degrees 00 minutes 49 
seconds north latitude, 123 degrees 
37 minutes 29 seconds west longitude; 
(XVI) 37 degrees 59 minutes 54 
seconds north latitude, 123 degrees 
38 minutes 47 seconds west longitude; 
(XVII) 37 degrees 59 minutes 12 
seconds north latitude, 123 degrees 
35 minutes 59 seconds west longitude; 
(XVIII) 37 degrees 58 minutes 
39 seconds north latitude, 123 de-
grees 35 minutes 14 seconds west lon-
gitude;
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(XIX) 37 degrees 58 minutes 00 
seconds north latitude, 123 degrees 
34 minutes 42 seconds west longitude; 
(XX) 37 degrees 57 minutes 19 
seconds north latitude, 123 degrees 
33 minutes 43 seconds west longitude; 
(XXI) 37 degrees 56 minutes 56 
seconds north latitude, 123 degrees 
32 minutes 51 seconds west longitude; 
(XXII) 37 degrees 56 minutes 18 
seconds north latitude, 123 degrees 
32 minutes 49 seconds west longitude; 
(XXIII) 37 degrees 55 minutes 
22 seconds north latitude, 123 de-
grees 32 minutes 36 seconds west lon-
gitude; 
(XXIV) 37 degrees 54 minutes 
26 seconds north latitude, 123 de-
grees 32 minutes 26 seconds west lon-
gitude; 
(XXV) 37 degrees 53 minutes 7 
seconds north latitude, 123 degrees 
31 minutes 46 seconds west longitude; 
(XXVI) 37 degrees 52 minutes 
34 seconds north latitude, 123 de-
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grees 31 minutes 18 seconds west lon-
gitude; 
(XXVII) 37 degrees 51 minutes 
42 seconds north latitude, 123 de-
grees 31 minutes 19 seconds west lon-
gitude; 
(XXVIII) 37 degrees 50 minutes 
59 seconds north latitude, 123 de-
grees 31 minutes 2 seconds west lon-
gitude; 
(XXIX) 37 degrees 48 minutes 
49 seconds north latitude, 123 de-
grees 28 minutes 44 seconds west lon-
gitude; 
(XXX) 37 degrees 48 minutes 3 
seconds north latitude, 123 degrees 
28 minutes 23 seconds west longitude; 
(XXXI) 37 degrees 48 minutes 2 
seconds north latitude, 123 degrees 
28 minutes 22 seconds west longitude; 
and 
(XXXII) 37 degrees 47 minutes 
43 seconds north latitude, 123 de-
grees 39 minutes 54 seconds west lon-
gitude.
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(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 in any area of the Sanc-
tuaries.
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(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.—No person shall—
(A) deposit or discharge any material or 
substance of any kind within the Sanctuaries, 
except those referred to in paragraph (4); 
(B) deposit or discharge any material or 
substance of any kind that enters or injures any 
sanctuary resource (as that term is defined in 
the National Marine Sanctuaries Act), except 
those referred to in paragraph (4); or 
(C) deposit or discharge any invasive spe-
cies 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.
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(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 1322 of title 
33 provided the vessel operator secures all ma-
rine 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. This exception does not apply 
within State waters or 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
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(F) that is permitted under a National 
Pollution Discharge Elimination System permit 
that is in effect on the date of enactment of 
this Act, or under a new or renewed National 
Pollution Discharge Elimination System permit 
that does not increase pollution in the Sanc-
tuaries. 
(d) CONSULTATION REQUIREMENT FOR CHANGES IN 
WATER FLOW.—Any Federal, State or local government 
agency that is responsible for alteration of water flow re-
gimes that may affect the Sanctuaries must consult with 
the Secretary prior to initiating such change in order to 
ensure sanctuary resources are not injured. 
(e) SECRETARIAL AUTHORITY NOT LIMITED.—In 
addition to the prohibitions listed in paragraph (1) of this 
subsection, the Secretary may restrict or otherwise regu-
late other types of discharges or changes in water flow 
into or that may enter the Sanctuaries. 
(f) 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
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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.
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(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;
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(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
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(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
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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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