BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SJR 5
                                                                  Page  1


          SENATE THIRD READING
          SJR 5 (Wiggins and Pavley)
          As Amended  July 14, 2009
          Majority vote 

           SENATE VOTE  :23-12  
           
           NATURAL RESOURCES   5-3                                         
           
           ----------------------------------------------------------------- 
          |Ayes:|Skinner, Chesbro, De      |     |                          |
          |     |Leon, Hill, Huffman       |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Gilmore, Knight, Logue    |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  :  H.R. 223, authored by Congresswoman Lynn Woolsey,  
          expands the Gulf of the Farallones National Marine Sanctuary  
          northward, adding 861 square nautical miles off of the coasts of  
          Sonoma and Mendocino Counties (S. 212 is the companion measure  
          authored by Senate Barbara Boxer).  H.R. 223 would also expand  
          the Cordell Bank National Marine Sanctuary northward and  
          westward, adding 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.  This resolution 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  








                                                                  SJR 5
                                                                  Page  2


          other aquatic species.

          The author believes that the areas proposed 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.

          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  








                                                                  SJR 5
                                                                  Page  3


          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  
          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.

           
          Analysis Prepared by  :  Dan Chia / NAT. RES. / (916) 319-2092 


                                                                FN: 0001898