[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5864 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5864

 To designate Puerto Mosquito Bay National Marine Sanctuary in Puerto 
                     Rico, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2008

 Mr. Fortuno introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To designate Puerto Mosquito Bay National Marine Sanctuary in Puerto 
                     Rico, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vieques Bioluminescent Bay 
Conservation Act of 2008''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The island of Vieques, Puerto Rico, is known for the 
        natural beauty of its coastal features such as beaches, 
        lagoons, and bioluminescent bays.
            (2) Such bioluminescence is the result of the production 
        and emission of light by a chemical reaction within a living 
        organism, the dinoflagellate Pyrodinium bahamense, when it is 
        agitated.
            (3) Puerto Mosquito Bay in Vieques is of national and 
        international significance because it is among the brightest 
        bioluminescent marine areas in the world.
            (4) The unique biological and physical properties of Puerto 
        Mosquito Bay, such as its rate of water exchange with the 
        ocean, water quality, and adjacent mangroves, contribute to a 
        high density of the bioluminescent dinoflagellate Pyrodinium 
        bahamense in its waters.
            (5) Puerto Mosquito Bay is of great ecological, cultural, 
        scientific, educational, and economic value to present and 
        future generations.
            (6) Puerto Mosquito Bay is of particular value to the 
        residents of Puerto Rico because its nearly unparalleled 
        bioluminescence creates a sense of local pride, wonder, and 
        enjoyment, and attracts visitors who support the local economy.
            (7) Puerto Mosquito Bay's ecosystem is fragile and its 
        ecological integrity is subject to damage or loss from a 
        variety of potential disturbances.
            (8) The popularity of Puerto Mosquito Bay is a potential 
        threat because of increasing visitation and related impacts.
            (9) The unique characteristics of Puerto Mosquito Bay also 
        make it vulnerable to physical, biological, and other 
        disturbances as in other documented cases where bioluminescent 
        bays have been degraded.
            (10) Action is needed to provide comprehensive protection 
        that would complement current Federal and local management 
        activities.
            (11) The agencies of the United States need to cooperate 
        fully to achieve the necessary protection of both terrestrial 
        areas adjacent to and marine resources within Puerto Mosquito 
        Bay.
            (12) The Federal Government and the Government of Puerto 
        Rico should jointly develop and implement a comprehensive 
        program to protect nearby terrestrial and marine areas to 
        maintain water quality and other environmental characteristics 
        that contribute to the unique nature of Puerto Mosquito Bay.
            (13) Designation of Puerto Mosquito Bay as a United Nations 
        Educational, Scientific, and Cultural Organization Biosphere 
        Reserve would complement designation as a National Marine 
        Sanctuary by enhancing research, management, and education 
        through international communication and cooperation.

SEC. 3. POLICY AND PURPOSES.

    (a) Policy.--It is the policy of the United States to protect and 
preserve the natural resources of Puerto Mosquito Bay, Puerto Rico, 
with special consideration for the bioluminescent organisms that make 
this area unique.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect the resources of the area of Puerto Mosquito 
        Bay, Puerto Rico, described in section 4(b);
            (2) to educate and interpret for the public the unique 
        elements of the Puerto Mosquito Bay environment;
            (3) to utilize the best available science to monitor and 
        manage the sanctuary to ensure its survival; and
            (4) to manage human uses of the Puerto Mosquito Bay 
        National Marine Sanctuary designated by section 4(a) consistent 
        with this Act.

SEC. 4. SANCTUARY DESIGNATION.

    (a) Designation.--The area described in subsection (b) is 
designated as the Puerto Mosquito Bay National Marine Sanctuary under 
title III of the Marine Protection, Research, and Sanctuaries Act of 
1972 (16 U.S.C. 1431 et seq.) (in this Act referred to as the 
``Sanctuary'').
    (b) Areas Included.--Except as provided in subsections (c) and (d), 
the Sanctuary consists of the submerged lands and waters of Puerto 
Mosquito Bay landward of the point where the bay meets the ocean.
    (c) Effect of Objection by Governor.--
            (1) Objection to designation.--If within 45 days after the 
        date of the enactment of this title the Governor of Puerto Rico 
        certifies to the Secretary of Commerce that the designation 
        under subsection (a) of any area of the Sanctuary is 
        unacceptable, the designation shall not take effect in that 
        area.
            (2) Objection to management plan or regulations.--If within 
        45 days after the date of issuance of the comprehensive 
        management plan and implementing regulations under section 5 
        the Governor of Puerto Rico certifies to the Secretary that the 
        management plan, any implementing regulation, or any term of 
        the plan or regulations is unacceptable, the management plan, 
        regulation, or term, respectively, shall not take effect.
            (3) Termination of designation.--If the Secretary considers 
        that an action taken under paragraph (1) or (2) by the Governor 
        of Puerto Rico will affect the Sanctuary in a manner that the 
        policy and purposes of this Act cannot be fulfilled, the 
        Secretary may terminate the entire designation under subsection 
        (a). At least 30 days prior to such termination, the Secretary 
        shall submit written notification of the proposed termination 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Natural Resources of the House 
        of Representatives.
    (d) Boundary Modifications.--No later than the date of issuance of 
the draft environmental impact statement for the Sanctuary under 
section 304(a)(1)(C)(vii) of the Marine Protection, Research, and 
Sanctuaries Act of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), the Secretary, 
in consultation with the Governor of Puerto Rico, if appropriate, may 
make modifications to the boundaries of the Sanctuary as necessary to 
fulfill the purposes of this Act. The Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Natural Resources of the House of Representatives 
written notification of such modifications.

SEC. 5. COMPREHENSIVE MANAGEMENT PLAN.

    (a) Preparation of Plan.--Not later than 18 months after the date 
of enactment of this Act, the Secretary of Commerce, in consultation 
with interested persons and appropriate Federal, Puerto Rico, and local 
government authorities, shall issue a comprehensive management plan and 
implementing regulations to achieve the policy and purposes of this 
Act. In developing the plan and regulations, the Secretary of Commerce 
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). Such comprehensive management plan shall--
            (1) facilitate all public and private uses of the Sanctuary 
        consistent with the primary objective of Sanctuary resource 
        protection;
            (2) set forth the allocation of Federal and State 
        enforcement responsibilities, as jointly agreed by the 
        Secretary and the Governor of Puerto Rico;
            (3) identify needs for research and establish a long-term 
        ecological monitoring program;
            (4) identify potential threats to the Sanctuary from lands 
        surrounding Puerto Mosquito Bay and from marine areas outside 
        the mouth of the Bay;
            (5) identify alternative sources of funding needed to fully 
        implement the plan's provisions and supplement appropriations 
        made available under this Act and 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, Puerto Rico, and local authorities 
        with jurisdiction within or adjacent to the Sanctuary; and
            (7) promote education, among users of the Sanctuary, about 
        mangrove conservation and water quality concerns.
    (b) Public Participation.--The Secretary of Commerce shall provide 
for participation by the general public in the development of the 
comprehensive management plan.
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