Madam Speaker, today I have introduced a bill to reauthorize and amend the National Marine Sanctuaries Act, which was first enacted by the 92nd Congress as Title III of the Marine Protection, Research and Sanctuaries Act of 1972 (Public…
Madam Speaker, today I have introduced a bill to reauthorize and amend the National Marine Sanctuaries Act, which was first enacted by the 92nd Congress as Title III of the Marine Protection, Research and Sanctuaries Act of 1972 (Public Law 92-532).
The Nation's first national marine sanctuary was designated in 1975 off the Outer Banks of North Carolina to protect the wreck of a famous Civil War ironclad, the U.S.S. Monitor. Since then, 12 other national marine sanctuaries and one national marine monument have been designated. The various sites, ranging from Fagatele Bay in American Samoa to Thunder Bay in Lake Huron, protect deep ocean gardens, near shore coral reefs, whale migration corridors, deep sea canyons, and underwater archeological sites.
These marine sites are managed by the National Oceanic and Atmospheric Administration (NOAA) and activities like shipping, commercial and recreational fishing, boating, scuba diving, and marine tourism are allowed within such sites where determined to be compatible with resource protection. However, drilling, mining, dredging, dumping waste and removing artifacts are generally prohibited in the sanctuaries and considered to be activities inconsistent with the purposes of the National Marine Sanctuaries Act.
Congress last reauthorized the National Marine Sanctuaries Act in 2000 with the passage of the National Marine Sanctuaries Amendments Act of 2000 (Public Law 106-513). The overall purpose of the legislation enacted in 2000 was to reauthorize the National Marine Sanctuaries Act through fiscal year 2005 and to make substantive changes to the management of existing sanctuaries and the designation of additional marine sanctuaries.
The Subcommittee on Fisheries, Wildlife, and Oceans has held two oversight hearings to date in this Congress to receive testimony from stakeholders regarding reauthorization of the National Marine Sanctuaries Act. The Subcommittee first convened for this purpose at a field hearing in Santa Barbara, California on November 3, 2007, and more recently in Washington, DC on June 18, 2008. It is generally agreed that the national marine sanctuaries are fulfilling statutory set missions to protect nationally significant areas of the marine environment and are collectively serving as a useful model demonstrating ecosystem-based management. However, since Congress last reauthorized the Act several concerns have emerged and have been raised by stakeholders and the Administration. These issues have been examined by the Subcommittee during both of its oversight hearings. The legislation I have introduced today attempts to address many of these issues.
First, over the past decade the science and theory behind the concept of marine protected areas and marine reserves (MPAs) has developed, and the use of MPAs as a management tool is much more prevalent today than it was at the time the National Marine Sanctuaries Act was last reauthorized. Supporters of the concept consider the existing statutory limitation on new sanctuary designations at odds with current thinking and practice, as well as contrary to the purposes of the Act. The bill I have introduced today, the Sanctuary Enhancement Act of 2008, would repeal the limitation on new sanctuary designations and require the Secretary of Commerce to develop a site selection report for potential new sanctuaries.
Second, despite NOAA's best intentions, the agency has been unable to complete management plan reviews for all sanctuaries within the statutorily-required 5-year period, resulting in a virtually never- ending planning cycle. Furthermore, critics question whether the statutory established timeframe allows adequate time for NOAA to properly evaluate the effectiveness of management plans. In order to allow adequate time for quality reviews, under the Sanctuary Enhancement Act the first management plan review timeframe would be expanded from 5 years to 7 years, and the period for subsequent reviews would be expanded to 10 years.
Another area of focus has been on regulating fishing within marine sanctuaries. Section 304(a)(5) of the National Marine Sanctuaries Act formally incorporates Regional Fisheries Management Councils into the process for developing fishing regulations within marine sanctuaries. Various interests believe there continues to be a lack of clarity with respect to such authorities and such lack of clarity has created tensions within some sectors of the fishing community. In an effort to reduce some of that tension, the Sanctuary Enhancement Act would authorize the Secretary to include fishing regulations in the designation documents if the regulations are compatible with the purposes of the sanctuary, the mission of the entire system of sanctuaries and the National Marine Sanctuaries Act. The Sanctuary Enhancement Act also clarifies the role and actions of the Secretary in approving or disapproving draft fishing regulations requested from Regional Fishery Management Councils.
Finally, critics contend that the text of the National Marine Sanctuaries Act is misinterpreted and that NOAA's implementation of the Act as a ``multiple-use'' authority is misguided. Such critics advocate that the Act be amended to prioritize the protective missions of the sanctuaries and to strengthen the Act in comparison to other laws that authorize activities in the marine environment. To resolve this problem, the Sanctuary Enhancement Act would formally establish a National Marine Sanctuary System and insert a mission statement for the System to ``protect, conserve, preserve, restore and recover the biodiversity, ecological integrity, and cultural legacy of the living and nonliving resources within the system for the benefit of present and future generations.''
I believe the bill I have introduced today enhances the network of sanctuaries by establishing a unified structure and system for their management and by amending the National Marine Sanctuaries Act to address a variety of concerns raised by stakeholders since its last reauthorization. I am joined today in introducing this bill by Ms. Ileana Ros-Lehtinen, a co-chair of the National Marine Sanctuaries Caucus, and ten other colleagues, including Mr. Kildee, Mr. Faleomavaega, and Mr. Abercrombie of the Subcommittee on Fisheries, Wildlife and Oceans. I invite all of my colleagues to join us in the effort to reauthorize and strengthen this essential marine conservation law. Working together we can strive to leave our children and grandchildren a sanctuary system that can grow as a vibrant, healthy and sound system of marine environments.