BILL ANALYSIS �
AJR 20
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Date of Hearing: June 18, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AJR 20 (Huffman) - As Introduced: September 9, 2011
SUBJECT : Gulf of the Farallones and Cordell Bank National
Marine Sanctuaries Boundary Modification and Protection Act
SUMMARY : Urges the Congress of the United States to quickly
pass the Gulf of the Farallones and Cordell Bank National Marine
Sanctuaries Boundary Modification and Protection Act (the Act)
and the President of the United States to expeditiously sign
that act into law.
EXISTING LAW : Pursuant to the federal National Marine Sanctuary
System:
1)Creates the National Marine Sanctuary System, which is a
federal program that establishes areas of the marine
environment that have special conservation, recreational,
ecological, historical, cultural, archeological, scientific,
educational, or esthetic qualities as national marine
sanctuaries.
2)Establishes the Gulf of the Farallones and Cordell Bank
National Marine Sanctuaries.
3)Prohibits certain activities from the Gulf of the Farallones
and Cordell Bank National Marine Sanctuaries, including
exploring for, developing, or producing oil or gas except
under certain circumstances related to pipelines.
FISCAL EFFECT : Non-fiscal
COMMENTS :
1)Purpose of the Joint Resolution. According to the author:
California's unique coastal waters are valuable spots
for marine wildlife, scientific research, recreational
fishing, kayaking, boating, surfing and tourism.
Located just a few miles from San Francisco, the
waters within the Gulf of the Farallones National
Marine Sanctuary are part of a nationally significant
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and diverse marine ecosystem.
The Act, authored by Congresswoman Lynn Woolsey (H.R.
192) and Senator Barbara Boxer (S. 179), would expand
the area protected by the National Marine Sanctuary
System.
The Gulf of the Farallones is one of the most
productive marine food webs on the planet and hosts
the largest seabird breeding colony in the continental
United States. It supports an abundance of life,
including many threatened and endangered species.
The expansion contemplated by this Act, which is north
of the Farallones and encompasses the entire Sonoma
Coast and the coast of southern Mendocino County,
includes one of four coastal upwelling zones on the
planet?
A congressional and executive moratorium on offshore
oil exploration and exploitation was removed in 2008,
leaving these waters of special biological
significance unprotected. These important marine
resources, among the richest on the planet, must be
protected from oil spills, pollution, and other forms
of imminent environmental degradation. If the
precious natural resources that still exist on this
planet are not protected, our ecological and economic
systems will collapse.
2)Background. The National Marine Sanctuaries Act of 1972
(NMSA) authorizes the US Secretary of Commerce to designate
and protect areas of the marine environment with special
national significance due to their conservation, recreational,
ecological, historical, scientific, cultural, archeological,
educational, or esthetic qualities as national marine
sanctuaries.
The primary objective of the NMSA is to protect marine
resources, such as coral reefs, sunken historical vessels, and
unique habitats. Day-to-day management of national marine
sanctuaries has been delegated by the Secretary of Commerce to
the National Oceanic and Atmospheric Administration's Office
of National Marine Sanctuaries. While each sanctuary
established under the NMSA has its own unique set of
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regulations, there are some rules that are typical for many
sanctuaries, such as prohibitions on (1) discharging material
or other matter into the sanctuary, (2) disturbance of,
construction on, or alteration of the seabed, (3) disturbance
of cultural resources, and (4) exploring for, developing, or
producing oil, gas, or minerals (with a grandfather clause for
preexisting operations).
In California, the NMSA created a number of marine
sanctuaries, including the Gulf of the Farallones National
Marine Sanctuary, which was established in 1981, and the
Cordell Bank National Marine Sanctuary, which was established
in 1989.
The Gulf of the Farallones National Marine Sanctuary covers
nearly 966 square nautical miles of coastal and ocean
wilderness west of San Francisco and approximately 100 miles
along the coast of Marin and Sonoma Counties. The sanctuary
is home to some of the largest concentrations of white sharks
and blue whales on Earth, along with one-fifth of California's
breeding harbor seals and hundreds of thousands of breeding
seabirds. The sanctuary also protects numerous estuaries,
bays, and beaches for the public to enjoy.
The Cordell Bank National Marine Sanctuary covers 399 square
nautical miles of ocean immediately north of the Gulf of the
Farallones National Marine Sanctuary. This sanctuary gets its
name from the underwater mountain that rises to within 115
feet of the ocean's surface off Point Reyes. Upwelling of
nutrient-rich deep water supports a flourishing ecosystem on
and around Cordell Bank, making the sanctuary a productive
feeding destination for diverse marine creatures. Common
sanctuary inhabitants and migratory visitors include whales,
dolphins, sea lions, seabirds, rockfish, and Pacific salmon.
3)H.R. 192 (Woolsey) and S. 179 (Boxer). The purpose of the
Act is to (1) extend the boundaries of the Gulf of the
Farallones National Marine Sanctuary by 1,521square nautical
miles and the Cordell Bank National Marine Sanctuary by 571
square nautical miles; (2) strengthen the protections that
apply in the sanctuaries; (3) provide for the education and
interpretation for the public of the ecological value and
national importance of the sanctuaries; and, (4) manage human
uses of the sanctuaries. Both H.R. 192 and S. 179 expressly
state that they are not intended to alter any existing
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authorities regarding the conduct and location of fishing
activities in the sanctuaries. Additionally, the expanded
boundaries and protections contained in these bills would not
prevent boating, diving, or shipping in the marine
sanctuaries, which are permitted activities under current law.
Representative Lynn Woolsey (6th Congressional District)
provided the following statement to explain the need to expand
the area of these marine sanctuaries:
This area is essential, not only to the maintenance of
our fish population, but also for the production of
nutrient rich waters. By adjusting the current
boundaries to the north to just south of Point Arena,
the entire Sonoma coast will be protected. Pushing it
westward will serve to further safeguard our coastline
from oil exploration and extraction.
The Sonoma and southern Mendocino Coast is one of the
most biologically productive regions in the world, and
is within one of only four coastal upwelling zones on
the planet. Collectively, the four upwelling systems
make up only one percent of the world's oceans but
produce 20 percent of the world's fish. Nutrient-rich
water rises from deeper levels to replace the surface
water that has drifted away, and these nutrients
support the large fish population found in this area.
Additionally, the coastal estuaries are important
passages for endangered salmon and steelhead,
essential haulouts for seals and sea lions, and
prolific nurseries for hundreds of aquatic species.
REGISTERED SUPPORT / OPPOSITION :
Support
Environmental Action Committee
Farallones Marine Sanctuary Association
Marin County Board of Supervisors
Sonoma County Board of Supervisors
Town of Fairfax
Opposition
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None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092