[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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