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HomeMy WebLinkAboutStaff Report 3.B 02/07/2005CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Resolution in Support of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act, as Re -Introduced by Representative Lynn Woolsey, Which Would Extend Existing Boundaries Northward to the Sonoma/Mendocino County Line. The Primary Impact of this Bill Would Be to Permanently Ban Offshore Oil Drilling Along the Entire Sonoma County Coast. February 7, 2005 Meeting Date: February 7, 2005 Meeting Time: © 3:00 PM ❑ 7:00 PM Category (check one): ® Consent Calendar ❑ Public Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation Department: City Manager Cost of Pronosal: n/a Amount Budgeted: Director: I Contact Person: Phone Number: Michael Bierman I Michael Bierman 778-4345 Account Number: Name of Fund: Attachments to Agenda Packet Item: 1. Cordell Bank National Marine Sanctuary Proposed Expansion Fact Sheet, 2. Proposed legislation H.R. 5352 sponsored by U.S. Representative Lynn Woolsey. 3. Map 4. Resolution in Support of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act Summar, Statement: U.S. Representative Lynn Woolsey has authored legislation to expand the boundaries of the Gulf of the Farallones and Cordell Bank Sanctuaries by adjusting the boundaries of these two existing sanctuaries north and westward to add deeper and biologically important waters, and would extend the boundaries of the Gulf of the Farallones National Marine Sanctuary up to the Gualala River, thereby including the entire Sonoma County Coast. The Sonoma County coast is one of the most biologically rich regions in the world. While the waters off the coast comprise only one percent of the ocean, they produce twenty percent of the world's fish. Its coastal estuaries are important passages for endangered salmon and steelhead, essential haul -outs for seals and sea lions and prolific nurseries for hundreds of aquatic species. Expanding the boundaries will also protect the Bodega Marine Laboratory's investment in marine research, regional jobs that are dependent not only on a tourist economy but the livelihoods of commercial fishermen, recreational uses, and indefinable aesthetic benefits. A congressional moratorium on offshore oil exploration and exploitation in these waters is at risk each year in a changing political climate. Permanent protection would thus ban offshore oil drilling along the entire Sonoma County coast. Recommended Citv Council Action/Suggested Motion: Support the passage of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act. A AevOVed by Finance Director: Reviewed nev: A r Citv Manager: � Date: ToHa>G's Date: Revision # a a4e�ffevised: File Code: Cordell Bank National Marine Sanctuary Proposed Expansion Fact Sheet ➢ Cordell Bank National Marine Sanctuary (CBNMS) was established to protect the most productive area of the North East Pacific Ocean off California, Oregon and Washington. CBNMS is called the `lunch pail of the Pacific" where albatross fly roundtrip from Midway Island (5,000 miles) to feed their young; where over 30 species of marine mammals come to feed and rest and hundreds of thousands of seabirds of the near shore mingle with the winged travelers of the Pacific. ➢ The unique submerged island structure of the Bank and upwelling conditions produce a productivity of harvestable biomass six to ten times greater than coral reefs. A Just north of the present CBNMS boundaries is the unique ocean trench called the Bodega Canyon. Researchers have made it clear that the Bodega Canyon is an integral and necessary segment of the Cordell Bank productivity regime and must be protected. A Following on the pioneering work of Chess in the 1980, more research needs to be done on the unique Bodega Canyon and the deep area due west of the Cordell Bank where the upwelling process begins. ➢ The goals of protection through science and education, for which Cordell Bank was designated, may not be attainable without including Bodega Canyon and the area west of CBNMS. ➢ Advances in petroleum extraction and the industries' (and Administration's) push toward opening new reserves, make it necessary that the GFNMS boundaries be extended westward to protect marine resources. Changes in the western boundary are also needed to facilitate boundary identification for mariners, fishers and law enforcement personnel and to promote research in escarpment areas. ➢ The CBNMS currently comprises 399 square nautical miles. The boundary adjustment would add another 233 square nautical miles. ➢ The proposed bill would provide permanent protection against offshore oil and gas spills and other forms of pollution that enter the Sanctuary. There will be no fishing restrictions in the proposed bill. ➢ Proposed boundary modification of CBNMS and the GFNMS provides permanent protection for the entire coast of Sonoma County. Gulf of the Farallones National Marine Sanctuary Proposed Expansion Fact Sheet ➢ The Gulf of the Farallones National Marine Sanctuary (GFNMS) was established in 198:1 to protect the marine environment in general and the area's 26 species of marine mammals and 13 species of breeding seabirds in particular. Since 1981, oil spills and scientific investigation have made it clear that to accomplish this protection a unified ecologically based protection plan needs to encompass a larger area that was originally set aside. ➢ It is now know that 33 marine mammal species use this area, not 26, over half of these mammals are threatened or endangered. Area populations of these species are healthy, increasing and continually seen further north or south of the original GFNMS boundary. ➢ Recent scientific work by NOAA, UC, CSU, California Department of Fish and Game, State Parks and independent scientists have determined that one of the four marine geological areas of California is from Ano Nuevo to Pt. Arena. Southern areas are already managed by GFNMS, but north of Bodega Bay are outside of the GFNMS current authority. ➢ GFNMS has the first or second largest population of blue and humpback whales in the world. These whales use areas north of the GFNMS boundary. While most Grey Whales migrate through the Sanctuary north to Alaska and south to Baja California, a pod of Grey Whales is laying over in the summer in the GFNMS and waters north of its boundary. ➢ Scientific research is continually revealing the importance of estuaries as nurseries for aquatic species and migration corridors for threatened and endangered salmon. Currently, the important estuaries of the Russian and Guala a Rivers are not in GFNMS jurisdiction. ➢ Nesting, feeding and rearing seabirds, which have their population fulcrum in the GFNMS, also are found in the north and the south. In the north are important colonies of guillemot pigeon, tufted puffin, mullets and auldets. These birds are susceptible to oil spills and it is more difficult to fund restoration of colonies outside of the CTFNMS. ➢ It has become clear that when natural perturbations occur, such as El Nino and La Nina, whales; seabirds, fish and other marine mammals move north of the existing GFNMS boundary of protection, study and interpretation. ➢ Advances in petroleum extraction and the industries' (and Administration's) push toward opening new reserves, make it necessary that the GFNMS boundaries be extended westward to protect marine resources. Changes in the western boundary are also needed to facilitate boundary identification for mariners, fishers and law enforcement personnel and to promote research in escarpment areas. ➢ The proposed bill would expand the boundaries of the GFNMS westward (to protect against deep water offshore oil drilling) and northward to the Gualala River, thereby protecting the entire Sonoma Coast. The GFNMS currently comprises 433 square nautical miles. The boundary adjustment would add another 861 square nautical miles. ➢ The proposed bill would provide permanent protection against offshore oil and gas spills and other forms of pollution that enter the Sanctuary. There will be no fishing restrictions in the proposed bill. 108TH CONGRESS 21) SESSION He Re 5352 To expand the boundaries of the Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary. IN THE HOUSE OF REPRESENTATIVES MS. WOOLSEY introduced the following bill; which was referred to the Committee on To Be it enacted by the Senate and Rouse of Representatives of the United States ofAtnerica in Congress asseinbted, 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 approximately 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 substrate, prolific fisheries, and substantial concentrations of resident and seasonally migratory marine mammals. (2) Cordell Bank is adjacent to the Gulf of the Farallones and is a submerged island with spectacular, unique, and nationally significant marine environments. (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 susceptible to damage from human activities, and must be properly conserved for themselves and to protect the economic viability of their contribution to national and regional economies. (5) The Gulf of the 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 fostered 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 broadening the geographic scope of the existing Gulf of the Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary. (9) Cordell Bank is at the nexus of an ocean upwelling system, which produces the highest biomass 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 following: (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 regarding 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 regarding the conduct of fishing activities in the Sanctuaries. SEC. 4. DEFINITIONS. 5:41 PM 1/12/2005 2 In this Act: (1) AQuAcuLTuRE.—The term "aquaculture" means the propagation or rearing of aquatic organisms 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 Marine 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. (6) MEAN HIGHER HIGH WATER MARK. — The term "Mean Higher High Water Mark" means the arithmetic average of the elevations of the higher of two high waters of a tidal day over a period of time as determined by the National Oceanic and Atmospheric Administration. (7) PERSON. —The term -'Terson" means any private or public individual, corporation, partnership, trust, institution, association, or any other public or private entity, whether foreign or domestic, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State, tribal or local unit of government, or of any foreign government. SEC. 5. NATIONAL MARINE SANCTUARY BOUNDARY ADJUSTMENTS. (a) GULF OF THE FARALLONEs (1) BOUNDARY ADJUSTMENT.—The area described in paragraph (2) is added to the existing Gulf of the Farallones National Marine Sanctuary described in part 922.80 of title 15, Code of Federal Regulations. (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 and on those lands and waters, from the mean higher high water hark to the boundaries described in subparagraph (B). (B) BouNDARiEs.—The boundaries referred to in paragraph (1) are the following: (i) A boundary fornvng one polygon added under paragraph (1), that— (I) begins at Bodega Head's Southernmost Point located at 38 degrees 17 minutes 36 seconds north latitude, 123 degrees 3 minutes 29 seconds west longitude; 5:41 PM 1/12/2005 3 (II) then connects in succession the points at the coordinates— (aa) 38 degrees 15 minutes 46 seconds north latitude, 123 degrees 10 minutes 45 seconds west longitude; (bb) 38 degrees 17 minutes 37 seconds north latitude, 123 degrees 12 minutes 8 seconds west longitude; (cc) 3 8 degrees 16 minutes 28 seconds north latitude, 123 degrees 52 minutes 42 seconds west longitude; and (dd) 38 degrees 45 minutes 23 seconds north latitude, 123 degrees 54 minutes 22 seconds west longitude; and (III) then runs eastward to 38 degrees 46 minutes 6 seconds north latitude, 123 degrees 31 minutes 53 seconds west longitude. (ii) A boundary forming another polygon added under paragraph (1), that— (I) begins approximately 107.55 km south of the described in clause (i)(I11) at 37 degrees 48 minutes 2 seconds north latitude, 123 degrees 28 minutes 22 seconds west longitude; and (11) then connects in succession the points at the coordinates— (aa) 37 degrees 48 minutes 7 seconds north latitude, 123 degrees 25 minutes 31 seconds west longitude; (bb) 37 degrees 46 minutes 2 seconds north latitude, 123 degrees 25 minutes 35 seconds west longitude; (cc) 37 degrees 46 minutes 49 seconds north latitude, 123 degrees 26 minutes 47 seconds west longitude; and (dd) 37 degrees 47 minutes 00 seconds north latitude, 123 degrees 27 minutes 16 seconds west longitude. (b) CoRDELLBAmr,.— (1) BOUNDARY ADJUSTIMENT.—The area described in paragraph (2) is added to the existing Cordell Bank National Marine Sanctuary described in part 922.80 of title 15, Code of Federal Regulations. (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 paragraph (1)— (i) begins approximately 55 kin to the west of Bodega Head at 38 degrees 16 minutes 49 seconds north latitude, 123 degrees 41 minutes 20 seconds west longitude; and 5:41 PM 1112/2005 4 (ii) then connects in the succession the points at the coordinates— (I) 38 degrees 17 minutes 41 seconds north latitude, 123 degrees 12 minutes I 1 seconds west longitude; (11) 38 degrees 15 minutes 53 seconds north latitude, 123 degrees 10 minutes 46 seconds west longitude; (111) 38 degrees 15 minutes 51 seconds north latitude, 123 degrees 10 minutes 52 seconds west longitude; (N) 38 degrees 7 minutes 56 seconds north latitude, 123 degrees 38 minutes 33 seconds west longitude; (V) 38 degrees 6 minutes 45 seconds north latitude, 123 degrees 38 minutes 00 seconds west longitude; (VI) 38 degrees 4 minutes 58 seconds north latitude, 123 degrees 37 minutes 14 seconds west longitude; (VH) 38 degrees 4 minutes 28 seconds north latitude, 123 degrees 37 minutes 17 seconds west longitude; (VIII) 38 degrees 3 minutes 42 seconds north latitude, 123 degrees 36 minutes 55 seconds west longitude; (IX) 38 degrees 3 minutes 11 seconds north latitude, 123 degrees 36 minutes 19 seconds west longitude; (X) 38 degrees 2 minutes 46 seconds north latitude, 123 degrees 36 minutes 21 seconds west longitude; ()U) 38 degrees 2 minutes 2 seconds north latitude, 123 degrees 35 minutes 56 seconds west longitude; (XI[) 38 degrees I minute 27 seconds north latitude, 123 degrees 35 minutes 55 seconds west longitude; (XIII) 38 degrees I minute 22 seconds north latitude, 123 degrees 36 minutes 55 seconds west longitude; (XIV) 38 degrees 1 minute 11 seconds north latitude, 123 degrees 37 minutes 28 seconds west longitude; (XV) 38 degrees 00 minutes 49 seconds north latitude, 123 degrees 37 minutes 29 seconds west longitude; (XVI) 37 degrees 59 minutes 54 seconds north latitude, 123 degrees 38 minutes 47 seconds west longitude; (XVII) 37 degrees 59 minutes 12 seconds north latitude, 123 degrees 35 minutes 59 seconds west longitude; (XVIII) 37 degrees 58 minutes 39 seconds north latitude, 123 degrees 35 minutes 14 seconds west longitude; 5:41 PM 1/12/2005 5 ()IX) 37 degrees 58 minutes 00 seconds north latitude, 123 degrees 34 minutes 42 seconds west longitude; (XX) 37 degrees 57 minutes 19 seconds north latitude, 123 degrees 33 minutes 43 seconds west longitude; (XXI) 37 degrees 56 minutes 56 seconds north latitude, 123 degrees 32 minutes 51 seconds west longitude; ()CM 37 degrees 56 minutes 18 seconds north latitude, 123 degrees 32 minutes 49 seconds west longitude; ()=) 37 degrees 55 minutes 22 seconds north latitude, 123 degrees 32 minutes 36 seconds west longitude; (XXIV) 37 degrees 54 minutes 26 seconds north latitude, 123 degrees 32 minutes 26 seconds west longitude; (XXV) 37 degrees 53 minutes 7 seconds north latitude, 123 degrees 31 minutes 46 seconds west longitude; (XXVI) 37 degrees 52 minutes 34 seconds north latitude, 123 degrees 31 minutes 18 seconds west longitude; (XXVII) 37 degrees 51 minutes 42 seconds north latitude, 123 degrees 31 minutes 19 seconds west longitude; (XXVIII) 37 degrees 50 minutes 59 seconds north latitude, 123 degrees 31 minutes 2 seconds west longitude; (XXIX) 37 degrees 48 minutes 49 seconds north latitude, 123 degrees 28 minutes 44 seconds west longitude; ()CXX) 37 degrees 48 minutes 3 seconds north latitude, 123 degrees 28 minutes 23 seconds west longitude; ()CI) 37 degrees 48 minutes 2 seconds north latitude, 123 degrees 28 minutes 22 seconds west longitude; and (XXXII) 37 degrees 47 minutes 43 seconds north latitude, 123 degrees 39 minutes 54 seconds west longitude. (c) INCLusm TN THE SYSTEM.—The areas included in the Sanctuaries under subsections (a) and (b) of this section shall be managed as part of the National Marine Sanctuary System, 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 of Commerce shall— (1) produce updated National Oceanic and Atmospheric Administration charts for the areas in which are located the Farallones NMS and Cordell Bank NMS; and (2) include on those charts the boundaries of such national marine sanctuaries, as revised by this Act. 5:41 PM 1/12/2005 6 SEC. 6. PROHIBITION OF CERTAIN USES. (a) MINERAL AND HYDROCARBON LEASING, ExPLORATION, DEVELOPMENT, AND PRODUCTION.—No leasing, exploration, development, production, or transporting by pipeline of minerals or hydrocarbons shall be permitted within the Sanctuaries. (b) AQuACULTURE.— (1) PROHIBITION It is unlawful for any person to conduct aquaculture in any area of the Sanctuaries. (2) EXISTING BIVALVE FARMING ALLOWED.- The prohibition in paragraph (1) shall not apply to persons conducting farming operations of bivalve species that are in existence on the date of enactment of this Act. (3) REGULATIoNs.—The Secretary shall issue regulations that specify the operations referred to in paragraph (2). (c) DISCHARGE OF MATERIALS AND SUBSTANCES.— (1) PRoHIBITIoNs: No person shall— (A) deposit or discharge any material or substance of any kind within the Sanctuaries, except those referred to in paragraph (4); (B) deposit or discharge any material or substance of any kind that enters or injures any sanctuary resource (as that term is defined in the National Marine Sanctuaries Act), except those referred to in paragraph (4); or (C) deposit or discharge any invasive species from a vessel in the Sanctuaries. (2) CHANGES IN SALINITY.—No person shall cause a change of salinity in the Sanctuaries that is injurious to the marine ecosystem of the Sanctuaries. (3) LIMITATION ON APPLICABILITY.—Paragraph (1) does not apply With respect to any discharge— (A) of fish, fish parts, and chumming materials resulting from, and while conducting otherwise lawful, fishing activity; (B) of food consutned onboard a vessel; (C) of biodegradable effluents incidental to vessel use and generated by an operable Type I or II marine sanitation device as classified by the United States Coast Guard, that is approved in accordance with section 1322 of title 33 provided the vessel operator secures all marine sanitation devices in a manner that prevents discharge of untreated sewage fi-om a Type I or Type II Coast Guard -approved sanitation devices. This exception does 5:41 PM 1/1212005 7 not apply within State waters or from a cruise ship within the boundaries of either sanctuary; (D) of biodegradable material resulting from deck wash down and vessel engine cooling water (excluding ballast water and oily wastes from bilge pumping), from a vessel; (E) from vessel engine exhaust; or (F) that is permitted under a National Pollution Discharge Elimination System permit that is in effect on the date of enactment of this Act, or under a new or renewed National Pollution Discharge Elimination System permit that does not increase pollution in the Sanctuaries. (d) CONSULTATION REQUIREMENT FOR CHANGES IN WATER FLOW. —Any federal, state or local government agency that is responsible for alteration of water flow regimes that may affect the Sanctuaries must consult with the Secretary prior to initiating such change in order to ensure sanctuary resources are not injured. (e) SECRETARIAL AUTHORITY NOT LmTED: In addition to the prohibitions listed in paragraph (1) of this subsection, the Secretary may restrict or otherwise regulate other types of discharges or changes in water flow into or that may enter the Sanctuaries. (f) PENALTIES AND ENFORCEMENT.—A violation of this section shall be treated as a violation of section 306 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1436). SEC. 7. MANAGEMENT PLANS AND REGULATIONS. (a) INTERIM PLAN.—The Secretary shall complete an interim supplemental management plan for each of the Sanctuaries by not later than 30 months after the date of enactment of this Act, that focuses on management in the areas added under this Act. These supplemental plans shall not weaken existing resource protections. (b) REVISED PLANS.—The Secretary shall issue a revised comprehensive management plan for each of the Sanctuaries during the next management review process required by section 304 of the National Marine Sanctuaries Act (16 U.S.C. 1434(e)) for the Sanctuaries, and issue such final regulations 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 l) and the Cordell Bank National Marine Sanctuary (15 C.F.R. 922, Subpart K) shall apply to the areas added to the Sanctuaries under section 5 until the Secretary modifies such regulations in accordance with this section. 5:41 PM 1/12/2005 8 (d) PROCEDURES. In developing the revisions under this section, the Secretary shall follow the procedures specified in sections 303 and 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 and 1434), except those procedures requiring the delineation of national marine sanctuary boundaries and development of a resource assessment report. (e) CONTENTS OF PLANS: Revisions to each comprehensive 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 public and private uses of each of the Sanctuaries consistent with the primary objective of sanctuary resource protection; (2) establish temporal and geographical zoning if necessary to ensure protection of sanctuary resources; (3) identify priority needs for research which will— (A) improve management of each of the Sanctuaries; (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 as resource information system to disseminate information on the Sanctuaries' ecosystem, history, culture and management; (5) identify alternative sources of funding needed to fully implement the plan's provisions and supplement appropriations under section 313 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1444); (6) ensure coordination and cooperation between Sanctuary managers and other Federal, State, and local authorities with jurisdiction within or adjacent to the Sanctuaries; (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 Gulf of the Farallones NMS and establish voluntary best practices programs for farming and ranching; (8) promote cooperative and educational programs with fishing vessel operators and crews operating in the waters of the Sanctuaries, and, whenever possible, include individuals who engage in fishing and their vessels in cooperative research, assessment, and monitoring programs of the education, among users of the Sanctuaries, about 5:41 PM 1/12/2005 9 conservation and navigational safety and the conservation of those resources; and (9) promote education, among users of the Sanctuaries, about conservation and navigational safety. (f) PUBLIC PAUTiciPATicN.—The Secretary shall provide for participation by the general public in the revision of the comprehensive management plans and regulations under this section. SEC. 8. FEASIBILITY OF A NEW SANCTUARY DESIGNATION. (a) REviEw AND REcoty MENDATION: As part of the first review, following the date of enactment of this Act, of the Gulf of the Farallones National Marine Sanctuary Management Plan pursuant to section 304(e) of the National Marine Sanctuaries Act (lb U.S.C. 1434(e)), the Secretary shall— (1) conduct a review of the operations of the Farallones NMS; and (2) following not less than one public hearing held in the area added to the Farallones NMS by this Act and the receipt of public comment, determine whether that area shall be designated as a new and separate National Marine Sanctuary. (b) CONSIDERATIONS FOR DETERMINATION.—III making the determination under subsection (a)(2), the Secretary shall consider responsiveness to local needs, the effectiveness of conservation, education and volunteer programs, and organizational efficiency. (c) IMPLEMENTATIo1NT OF DETERmINATiom—If the Secretary determines under subsection (b) to designate a new national marine sanctuary, the Secretary shall implement measures to assure a smooth and effective transition to a separate national marine sanctuary. 5:41 PM 1/12/2005 10 Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modificatinn nnA WN RESOLUTION IN SUPPORT OF THE GULF OF THE FARALLONES AND CORDELL BANK NATIONAL MARINE SANCTUARIES BOUNDARY MODIFICATION AND PROTECTION ACT WHEREAS, inclusion in the National Marine Sanctuary system offers comprehensive and permanent protection to marine resources, large scale ecosystem management, and vital oceanic research investments, while allowing for recreational, shipping and fishing activities; and WHEREAS, Sonoma and Marin coastal waters just south of Bodega Head are within the boundaries of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries and enjoy the protections and benefits of the National Marine Sanctuary program; and WHEREAS, the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act, authored by Congresswoman Lynn Woolsey, would adjust the boundaries of the two existing sanctuaries north and westward to add deeper and biologically important waters, and would extend the boundaries of the Gulf of the Farallones National Marine Sanctuary up to the Gualala River, thus including the entire Sonoma County coast; and WHEREAS, the Sonoma County coast is one of the most biologically rich regions in the world and National Marine Sanctuaries are only designated in areas that have special biological significance. These waters are within one of the five coastal upwelling zones on the planet, comprising only one percent of the ocean, but producing twenty percent of the world's fish. Additionally, its coastal estuaries are important passages for endangered salmon and steelhead, essential haul -outs for seals and sea lions, and proMe nurseries for hundreds of aquatic species; and WHEREAS, these important resources, among the richest on the planet, must be protected from oil spills and other forms of pollution; and Va REAS, by expanding the boundaries of the Gulf of the Farallones and Cordell Bank Sanctuaries, the bill will protect the Bodega Marine Laboratory's investment in marine researcb, regional jobs that are dependent on a tourist economy, recreational uses, and indefinable aesthetic benefits. And because the bill will protect fish habitat, it will protect the livelihoods of commercial fisherman; and WHEREAS, a congressional moratorium on offshore oil exploration and exploitation in these waters is at risk each year in a changing political climate, thus protection must be made permanent. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby endorses the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act and supports its passage.