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