BILL ANALYSIS
SJR 5
Page 1
Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
SJR 5 (Wiggins) - As Introduced: March 25, 2009
SENATE VOTE : 23-12
SUBJECT : Gulf of the Farallones and Cordell Bank National
Marine Sanctuaries (Sanctuaries) Boundary Modification and
Protection Act (Act)
SUMMARY : Urges Congress to quickly pass and the President to
expeditiously sign the Act, (H.R. 223 and S. 212) which expands
the boundaries of the Sanctuaries north and westward offshore
Marin, Sonoma and Mendocino Counties to approximately the edge
of the outer continental shelf (OCS).
FISCAL EFFECT : Non-fiscal
COMMENTS :
1)Background : H.R. 223, authored by Congresswoman Lynn Woolsey,
expands the Gulf of the Farallones National Marine Sanctuary
northward, encompassing 861 square nautical miles off of most
of the Sonoma County coast to southern Mendocino County (S.
212 is the companion measure authored by Senate Barbara
Boxer). The Cordell Bank National Marine Sanctuary would be
expanded northward and westward, encompassing 233 square
nautical miles off of Sonoma and Marin Counties. The combined
area of the Sanctuaries would grow by roughly one-third to
approximately 3,458 square nautical miles-about the size of
Delaware.
According to the author, these areas are considered by marine
experts as among the most biologically rich regions in the
world. The SJR states that these waters are within one of the
four coastal upwelling zones on earth, comprising only one
percent of the ocean but producing 20 percent of the world's
fish. The area's coastal estuaries provide critical habitat
for endangered salmon and steelhead, haul sites for seals and
sea lions, and migration corridors for the California gray
whale and other aquatic species.
2)New threats from oil and gas development : The areas proposed
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to be included in the Sanctuaries are currently vulnerable to
oil and gas development. In July 2008, former President Bush
repealed an executive order that withdrew certain areas in the
OCS, including offshore California, from oil and gas leasing.
In September 2008, Congress voted not to renew a moratorium on
offshore oil and gas development, officially opening up
federal waters off the California coast to drilling for the
first time since 1982.
On the very last day of the Bush administration, the Interior
Department proposed a new five-year plan for oil and gas
leasing on the OSC. In 31 lease sales, the plan proposes to
lease as much as 300 million acres of the OCS to drilling,
including about six million acres off the coast of Humboldt,
Mendocino, San Luis Obispo, Santa Barbara, Ventura, Los
Angeles, and San Diego Counties.
On February 10, 2009, Ken Salazar, the Secretary of Interior
announced a four-part strategy "for developing a new,
comprehensive approach to energy resources of the OCS." Among
other things, it extends the public comment period for the
proposed five-year oil and gas leasing program 180 days until
September 21, 2009, hosting four public meetings nationwide
this month to solicit input on whether, where, and how the
federal government develops its conventional and renewable
energy resources of the OCS.
3)Provisions of H.R. 233 : Expanding the boundaries of the
Sanctuaries would lead to revisions of their respective
management plans. H.R. 233 requires these revisions to
"facilitate all appropriate public and private uses" of the
Sanctuaries consistent with the primary objective of resource
protection, identify research needs, establish a long-term
ecological monitoring program and database, promote public
education, and establish "temporal and geographical zoning if
necessary to ensure protection" of sanctuary resources.
This last issue-ocean zoning-deserves special mention. A 2003
Pew Oceans Commission Report, as well as scientists, resource
managers, and advocacy organizations, recommended the
development of ocean zoning as a key component of
ecosystem-based management. Similar to land use zoning, ocean
zoning would regulate and allocate access and use to specific
marine geographic areas. Zoning seeks to separate competing
uses, reduce conflict, increase certainty among users, and
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protect sensitive marine resources. The state is pursuing a
similar, though less prescriptive, effort, pursuant to the
Marine Life Protection Act, in its evaluation and redesign of
the state's system of marine protected areas.
4)Technical Amendments :
On page 2, line 16, the word "places" should be deleted.
On page 2, lines 17-18, "California gray whale" is misspelled.
REGISTERED SUPPORT / OPPOSITION :
Support
Congresswoman Lynn Woolsey
San Francisco Bay Joint Venture
Environment California
Opposition
None on file
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092