110TH CONGRESS 
2D SESSION 
H. R. 1187 
AN ACT 
To expand the boundaries of the Gulf of the Farallones 
National Marine Sanctuary and the Cordell Bank Na-
tional Marine Sanctuary, and for other purposes. 
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 the 
ecological value and national importance of 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 and location of fishing activities in 
the Sanctuaries. 
SEC. 4. DEFINITIONS. 
In this Act:
(1) MARICULTURE.—The term ‘‘mariculture’’ 
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. 
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 high water line 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 
the 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) com-
mences from the mean high water line 
(MHWL) at 39.00000 degrees north in a west-
ward direction approximately 29 nautical miles 
(nm) to 39.00000 north, 124.33333 west. The 
boundary then extends in a southeasterly direc-
tion to 38.30000 degrees north, 124.00000 de-
grees west, approximately 44 nm westward of 
Bodega Head. The boundary then extends east-
ward to the most northeastern corner of the ex-
panded Cordell Bank NMS at 38.30000 north, 
123.20000 degrees west, approximately 6 nm 
miles westward of Bodega Head. The boundary 
then extends in a southeasterly direction to 
38.26500 degrees north, 123.18166 degrees 
west at the northwestern most point of the cur-
rent Gulf of the Farallones Boundary. The 
boundary then follows the current northern 
Gulf of the Farallones NMS boundary in a 
northeasterly direction to the MHWL near 
Bodega Head. The boundary then follows the 
MHWL in a northeasterly direction to the com-
mencement point at the intersection of the 
MHWL and 39.00000 north. Coordinates listed 
in this subparagraph are based on the North 
American Datum 1983 and the geographic pro-
jection. 
(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 (A) commences at the most 
northeastern point of the current Cordell Bank 
NMS boundary at 38.26500 degrees north, 
123.18166 
degrees 
west 
and 
extends 
northwestward to 38.30000 degrees north, 
123.20000 degrees west, approximately 6 nau-
tical miles (nm) west of Bodega Head. The 
boundary then extends westward to 38.30000 
degrees north, 124.00000 degrees west, ap-
proximately 44 nautical miles west of Bodega 
Head. The boundary then turns southeastward 
and continues approximately 34 nautical miles 
to 37.76687 degrees north, 123.75142 degrees 
west, and then approximately 15 nm eastward 
to 37.76687 north, 123.42694 west at an inter-
section with the current Cordell Bank NMS
boundary. The boundary then follows the cur-
rent Cordell Bank NMS, which is coterminous 
with the current Gulf of the Farallones bound-
ary, in a northeasterly and the northwesterly di-
rection to its commencement point at 38.26500 
degrees north, 123.18166 degrees west. Coordi-
nates listed in this subparagraph are based on 
NAD83 Datum and the geographic projection. 
(c) INCLUSION IN THE SYSTEM.—The areas included 
in the Sanctuaries under subsections (a) and (b) shall be 
managed as part of the National Marine Sanctuary Sys-
tem, 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 
shall— 
(1) produce updated National Oceanic and At-
mospheric Administration nautical charts for the 
areas in which the Sanctuaries are located; and 
(2) include on those nautical charts the bound-
aries of the Sanctuaries, as revised by this Act. 
(e) BOUNDARY ADJUSTMENTS.—In producing re-
vised nautical charts as directed by subsection (d) and in 
describing the boundaries in regulations issued by the Sec-
retary, the Secretary may make technical modifications to
the boundaries described in this section for clarity and 
ease of identification, as appropriate. 
SEC. 6. PROHIBITION OF OIL AND GAS LEASING AND PER-
MITTING. 
No lease or permit may be issued that authorizes ex-
ploration, development, production, or transporting by 
pipeline of minerals or hydrocarbons within the Sanc-
tuaries. 
SEC. 7. MANAGEMENT PLANS AND REGULATIONS. 
(a) INTERIM PLAN.—The Secretary shall complete an 
interim supplemental management plan for the Sanc-
tuaries by not later than 24 months after the date of en-
actment of this Act, that focuses on management in the 
areas added to the Sanctuaries under this Act. The Sec-
retary shall ensure that the supplemental plan does not 
weaken existing resource protections. 
(b) REVISED PLANS.—The Secretary shall issue a re-
vised comprehensive management plan for the Sanctuaries 
during the first management review initiated after the 
date of the enactment of this Act under section 304(e) 
of the National Marine Sanctuaries Act (16 U.S.C. 
1434(e)) for the Sanctuaries, and issue such final regula-
tions 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), including any changes made as a result of a joint man-
agement plan review for the Sanctuaries conducted pursu-
ant to section 304(e) of the National Marine Sanctuaries 
Act (16 U.S.C. 1434(e)), shall apply to the areas added 
to each Sanctuary, respectively, under section 5 until the 
Secretary modifies such regulations in accordance with 
subsection (d) of this section. 
(d) REVISED REGULATIONS.— 
(1) IN
GENERAL.—The Secretary shall carry 
out an assessment of necessary revisions to the regu-
lations for the Sanctuaries in a manner that ensures 
the protection of the resources of the Sanctuaries 
consistent with the purposes and policies of the Na-
tional Marine Sanctuaries Act and the goals and ob-
jectives for the new areas added to each sanctuary 
under section 5 of this Act. The assessment and any 
corresponding regulatory changes shall be complete 
within 24 months of the date of enactment of this 
Act. 
(2) REGULATION OF SPECIFIC ACTIVITIES.—In 
revising the regulations for the Sanctuaries pursuant 
to this subsection, the Secretary shall consider ap-
propriate regulations for the following activities:
(A) The deposit or release of introduced 
species. 
(B) The alteration of stream and river 
drainage into the Sanctuaries. 
(C) Mariculture operations in the Sanc-
tuaries. 
(3) CONSIDERATIONS.—In revising the regula-
tions for the Sanctuaries pursuant to this sub-
section, the Secretary shall consider exempting from 
further regulation under the National Marine Sanc-
tuaries Act and this Act discharges that are per-
mitted under a National Pollution Discharge Elimi-
nation System permit in effect on the date of enact-
ment of this Act, or under a new or renewed Na-
tional Pollution Discharge Elimination System per-
mit that does not increase pollution in the Sanc-
tuaries and that originates— 
(A) in the Russian River Watershed out-
side the boundaries of the Gulf of the 
Farallones National Marine Sanctuary; or 
(B) from the Bodega Marine Laboratory. 
(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 appropriate public and private 
uses of the national marine sanctuary to which each 
respective plan applies consistent with the primary 
objective 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 that 
will— 
(A) improve management of the Sanc-
tuaries; 
(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 superintendents and other Federal, 
State, and local authorities with jurisdiction over 
areas within or adjacent to the Sanctuaries to deal 
with issues affecting the Sanctuaries, including sur-
face water run-off, stream and river drainages, and 
navigation; 
(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 Farallones NMS and establish voluntary best 
management practices programs; 
(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 and educational 
programs to promote sustainable fisheries, conserva-
tion of resources, and navigational safety; and 
(9) promote education and public awareness, 
among users of the Sanctuaries, about the need for
marine resource conservation and safe navigation 
and marine transportation. 
(f) PUBLIC PARTICIPATION.—The Secretary shall 
provide for participation by the general public in the revi-
sion of the comprehensive management plans and relevant 
regulations under this section. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary— 
(1) $3,000,000 to carry out this Act for each 
of fiscal years 2009 through 2013, other than for 
construction and acquisition projects; and 
(2) $3,500,000 for fiscal year 2009 and such 
sums as may be necessary for each of fiscal years 
2010 through 2013 for construction and acquisition 
projects related to the Sanctuaries.