I 
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. FORTUN˜O 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Vieques Biolumines-
cent 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. 
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(2) Such bioluminescence is the result of the 
production and emission of light by a chemical reac-
tion within a living organism, the dinoflagellate 
Pyrodinium bahamense, when it is agitated. 
(3) Puerto Mosquito Bay in Vieques is of na-
tional and international significance because it is 
among the brightest bioluminescent marine areas in 
the world. 
(4) The unique biological and physical prop-
erties 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. 
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(8) The popularity of Puerto Mosquito Bay is 
a potential threat because of increasing visitation 
and related impacts. 
(9) The unique characteristics of Puerto Mos-
quito Bay also make it vulnerable to physical, bio-
logical, and other disturbances as in other docu-
mented 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 re-
sources within Puerto Mosquito Bay. 
(12) The Federal Government and the Govern-
ment of Puerto Rico should jointly develop and im-
plement a comprehensive program to protect nearby 
terrestrial and marine areas to maintain water qual-
ity and other environmental characteristics that con-
tribute 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 
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designation as a National Marine Sanctuary by en-
hancing research, management, and education 
through international communication and coopera-
tion. 
SEC. 3. POLICY AND PURPOSES. 
(a) POLICY.—It is the policy of the United States to 
protect and preserve the natural resources of Puerto Mos-
quito 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 Puer-
to 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 envi-
ronment; 
(3) to utilize the best available science to mon-
itor and manage the sanctuary to ensure its survival; 
and 
(4) to manage human uses of the Puerto Mos-
quito 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 
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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 sub-
sections (c) and (d), the Sanctuary consists of the sub-
merged lands and waters of Puerto Mosquito Bay land-
ward 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 Gov-
ernor of Puerto Rico certifies to the Secretary that 
the management plan, any implementing regulation, 
or any term of the plan or regulations is unaccept-
able, the management plan, regulation, or term, re-
spectively, shall not take effect. 
(3) TERMINATION
OF
DESIGNATION.—If the 
Secretary considers that an action taken under para-
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graph (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 Sec-
retary may terminate the entire designation under 
subsection (a). At least 30 days prior to such termi-
nation, the Secretary shall submit written notifica-
tion 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 state-
ment 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 appro-
priate, 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 Com-
merce, Science, and Transportation of the Senate and the 
Committee on Natural Resources of the House of Rep-
resentatives 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 Sec-
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retary of Commerce, in consultation with interested per-
sons and appropriate Federal, Puerto Rico, and local gov-
ernment authorities, shall issue a comprehensive manage-
ment 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 manage-
ment 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 need-
ed to fully implement the plan’s provisions and sup-
plement appropriations made available under this 
Act and section 313 of the Marine Protection, Re-
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search, and Sanctuaries Act of 1972 (16 U.S.C. 
1444); 
(6) ensure coordination and cooperation be-
tween Sanctuary managers and other Federal, Puer-
to 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 Com-
merce shall provide for participation by the general public 
in the development of the comprehensive management 
plan. 
Æ 
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