[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 362 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 362
To establish a program within the National Oceanic and Atmospheric
Administration and the United States Coast Guard to help identify,
determine sources of, assess, reduce, and prevent marine debris and its
adverse impacts on the marine environment and navigation safety, in
coordination with non-Federal entities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2005
Mr. Inouye (for himself, Mr. Stevens, Ms. Cantwell, Ms. Snowe, Mr.
Kerry, and Mr. Lautenberg) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To establish a program within the National Oceanic and Atmospheric
Administration and the United States Coast Guard to help identify,
determine sources of, assess, reduce, and prevent marine debris and its
adverse impacts on the marine environment and navigation safety, in
coordination with non-Federal entities, 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 ``Marine Debris Research Prevention
and Reduction Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) The oceans, which comprise nearly three quarters of the
Earth's surface, are an important source of food and provide a
wealth of other natural products that are important to the
economy of the United States and the world.
(2) Ocean and coastal areas are regions of remarkably high
biological productivity, are of considerable importance for a
variety of recreational and commercial activities, and provide
a vital means of transportation.
(3) Ocean and coastal resources are limited and susceptible
to change as a direct and indirect result of human activities,
and such changes can impact the ability of the ocean to provide
the benefits upon which the Nation depends.
(4) Marine debris, including plastics, derelict fishing
gear, and a wide variety of other objects, has a harmful and
persistent effect on marine flora and fauna and can have
adverse impacts on human health.
(5) Marine debris is also a hazard to navigation, putting
mariners and rescuers, their vessels, and consequently the
marine environment at risk, and can cause economic loss due to
entanglement of vessel systems.
(6) Modern plastic materials persist for decades in the
marine environment and therefore pose the greatest potential
for long-term damage to the marine environment.
(7) Insufficient knowledge and data on the source,
movement, and effects of plastics and other marine debris in
marine ecosystems has hampered efforts to develop effective
approaches for addressing marine debris.
(8) Lack of resources, inadequate attention to this issue,
and poor coordination at the Federal level has undermined the
development and implementation of a Federal program to address
marine debris, both domestically and internationally.
(b) Purposes.--The purposes of this Act are--
(1) to establish programs within the National Oceanic and
Atmospheric Administration and the United States Coast Guard to
help identify, determine sources of, assess, reduce, and
prevent marine debris and its adverse impacts on the marine
environment and navigation safety, in coordination with other
Federal and non-Federal entities;
(2) to re-establish the Inter-agency Marine Debris
Coordinating Committee to ensure a coordinated government
response across Federal agencies;
(3) to develop a Federal information clearinghouse to
enable researchers to study the sources, scale and impact of
marine debris more efficiently; and
(4) to take appropriate action in the international
community to prevent marine debris and reduce concentrations of
existing debris on a global scale.
SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.
(a) Establishment of Program.--There is established, within the
National Oceanic and Atmospheric Administration, a Marine Debris
Prevention and Removal Program to reduce and prevent the occurrence and
adverse impacts of marine debris on the marine environment and
navigation safety.
(b) Program Components.--Through the Marine Debris Prevention and
Removal Program, the Administrator shall carry out the following
activities:
(1) Mapping, identification, impact assessment, removal,
and prevention.--The Administrator shall, in consultation with
relevant Federal agencies, undertake marine debris mapping,
identification, impact assessment, prevention, and removal efforts,
with a focus on marine debris posing a threat to living marine
resources (particularly endangered or protected species) and navigation
safety, including--
(A) the establishment of a process, building on
existing information sources maintained by Federal
agencies such as the Environmental Protection Agency
and the Coast Guard, for cataloguing and maintaining an
inventory of marine debris and its impacts found in the
United States navigable waters and the United States
exclusive economic zone, including location, material,
size, age, and origin, and impacts on habitat, living
marine resources, human health, and navigation safety;
(B) measures to identify the origin, location, and
projected movement of marine debris within the United
States navigable waters, the United States exclusive economic zone, and
the high seas, including the use of oceanographic, atmospheric,
satellite, and remote sensing data; and
(C) development and implementation of strategies,
methods, priorities, and a plan for preventing and
removing marine debris from United States navigable
waters and within the United States exclusive economic
zone, including development of local or regional
protocols for removal of derelict fishing gear.
(2) Reducing and preventing loss of gear.--The
Administrator shall improve efforts and actively seek to
prevent and reduce fishing gear losses, as well as to reduce
adverse impacts of such gear on living marine resources and
navigation safety, including--
(A) research and development of alternatives to
gear posing threats to the marine environment, and
methods for marking gear used in specific fisheries to
enhance the tracking, recovery, and identification of
lost and discarded gear; and
(B) development of voluntary or mandatory measures
to reduce the loss and discard of fishing gear, and to
aid its recovery, such as incentive programs, reporting
loss and recovery of gear, observer programs, toll-free
reporting hotlines, computer-based notification forms,
and providing adequate and free disposal recepticals at
ports.
(3) Outreach.--The Administrator shall undertake outreach
and education of the public and other stakeholders, such as the
fishing industry, fishing gear manufacturers, and other marine-
dependent industries, on sources of marine debris, threats
associated with marine debris and approaches to identify,
determine sources of, assess, reduce, and prevent marine debris
and its adverse impacts on the marine environment and
navigational safety. Including outreach and education
activities through public-private initiatives. The
Administrator shall coordinate outreach and education
activities under this paragraph with any outreach programs
conducted under section 2204 of the Marine Plastic Pollution
Research and Control Act of 1987 (33 U.S.C. 1915).
(c) Grants.--
(1) In general.--The Administrator shall provide financial
assistance, in the form of grants, through the Marine Debris
Prevention and Removal Program for projects to accomplish the
purposes of this Act.
(2) 50 percent matching requirement.--
(A) In general.--Except as provided in subparagraph
(B), Federal funds for any project under this section
may not exceed 50 percent of the total cost of such
project. For purposes of this subparagraph, the non-
Federal share of project costs may be provided by in-
kind contributions and other noncash support.
(B) Waiver.--The Administrator may waive all or
part of the matching requirement under subparagraph (A)
if the Administrator determines that no reasonable
means are available through which applicants can meet
the matching requirement and the probable benefit of
such project outweighs the public interest in such
matching requirement.
(3) Amounts paid and services rendered under consent.--
(A) Consent decrees and orders.--The non-Federal
share of the cost of a project carried out under this
Act may include money paid pursuant to, or the value of
any in-kind service performed under, an administrative
order on consent or judicial consent decree that will
remove or prevent marine debris.
(B) Other decrees and orders.--The non-Federal
share of the cost of a project carried out under this
Act may not include any money paid pursuant to, or the
value of any in-kind service performed under, any other
administrative order or court order.
(4) Eligibility.--Any natural resource management authority
of a State, Federal or other government authority whose
activities directly or indirectly affect research or regulation
of marine debris, and any educational or nongovernmental
institutions with demonstrated expertise in a field related to
marine debris, are eligible to submit to the Administrator a
marine debris proposal under the grant program.
(5) Grant criteria and guidelines.--Within 180 days after
the date of enactment of this Act, the Administrator shall
promulgate necessary guidelines for implementation of the grant
program, including development of criteria and priorities for
grants. Such priorities may include proposals that would reduce
new sources of marine debris and provide additional benefits to
the public, such as recycling of marine debris or use of
biodegradable materials. In developing those guidelines, the
Administrator shall consult with--
(A) the Interagency Marine Debris Committee;
(B) regional fishery management councils
established under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.);
(C) State, regional, and local governmental
entities with marine debris experience;
(D) marine-dependent industries; and
(E) non-governmental organizations involved in
marine debris research, prevention, or removal
activities.
(6) Project review and approval.--The Administrator shall
review each marine debris project proposal to determine if it
meets the grant criteria and supports the goals of the Act. Not
later than 120 days after receiving a project proposal under
this section, the Administrator shall--
(A) provide for external merit-based peer review of
the proposal;
(B) after considering any written comments and
recommendations based on the review, approve or
disapprove the proposal; and
(C) provide written notification of that approval
or disapproval to the person who submitted the
proposal.
(7) Project reporting.--Each grantee under this section
shall provide periodic reports as required by the
Administrator. Each report shall include all information
required by the Administrator for evaluating the progress and
success in meeting its stated goals, and impact on the marine
debris problem.
SEC. 4. COAST GUARD PROGRAM.
The Commandant of the Coast Guard shall, in cooperation with the
Administrator, undertake measures to reduce violations of MARPOL Annex
V and the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.)
with respect to the discard of plastics and other garbage from vessels.
The measures shall include--
(1) the development of a strategy to improve monitoring and
enforcement of current laws, as well as recommendations for
statutory or regulatory changes to improve compliance and for
the development of any appropriate amendments to MARPOL;
(2) regulations to address implementation gaps with respect
to the requirement of MARPOL Annex V and section 6 of the Act
to Prevent Pollution from Ships (33 U.S.C. 1905) that all
United States ports and terminals maintain receptacles for
disposing of plastics and other garbage, which may include
measures to ensure that a sufficient quantity of such
facilities exist at all such ports and terminals, requirements
for logging the waste received, and for Coast Guard comparison
of vessel and port log books to determine compliance;
(3) regulations to close record keeping gaps, which may
include requiring fishing vessels under 400 gross tons entering
United States ports to maintain records subject to Coast Guard
inspection on the disposal of plastics and other garbage, that,
at a minimum, include the time, date, type of garbage,
quantity, and location of discharge by latitude and longitude
or, if discharged on land, the name of the port where such
material is offloaded for disposal;
(4) regulations to improve ship-board waste management,
which may include expanding to smaller vessels existing
requirements to maintain ship-board receptacles and maintain a
ship-board waste management plan, taking into account potential
economic impacts and technical feasibility;
(5) the development, through outreach to commercial vessel
operators and recreational boaters, of a voluntary reporting
program, along with the establishment of a central reporting
location, for incidents of damage to vessels caused by marine
debris, as well as observed violations of existing laws and
regulations relating to disposal of plastics and other marine
debris; and
(6) a voluntary program encouraging United States flag
vessels to inform the Coast Guard of any ports in other
countries that lack adequate port reception facilities for
garbage.
SEC. 5. INTERAGENCY COORDINATION.
(a) Interagency Marine Debris Committee Established.--There is
established an Interagency Committee on Marine Debris to coordinate a
comprehensive program of marine debris research and activities among
Federal agencies, in cooperation and coordination with non-governmental
organizations, industry, universities, and research institutions, State
governments, Indian tribes, and other nations, as appropriate, and to
foster cost-effective mechanisms to identify, determine sources of,
assess, reduce, and prevent marine debris, and its adverse inpact on
the marine environment and navigational safety, including the joint
funding of research and mitigation and prevention strategies.
(b) Membership.--The Committee shall include a senior official
from--
(1) the National Oceanic and Atmospheric Administration,
who shall serve as the chairperson of the Committee;
(2) the United States Coast Guard;
(3) the Environmental Protection Agency;
(4) the United States Navy;
(5) the Maritime Administration of the Department of
Transportation;
(6) the National Aeronautics and Space Administration;
(7) the U.S. Fish and Wildlife Service;
(8) the Department of State;
(9) the Marine Mammal Commission; and
(10) such other Federal agencies that have an interest in
ocean issues or water pollution prevention and control as the
Administrator determines appropriate.
(c) Meetings.--The Committee shall meet at least twice a year to
provide a public, interagency forum to ensure the coordination of
national and international research, monitoring, education, and
regulatory actions addressing the persistent marine debris problem.
(d) Definition.--The Committee shall develop and promulgate through
regulation a definition of the term ``marine debris''.
(e) Reporting.--
(1) Interagency report on marine debris impacts and
strategies.--Not later than 12 months after the date of the
enactment of this Act, the Committee, through the chairperson,
and in cooperation with the coastal States, Indian tribes,
local governments, and non-governmental organizations, shall
complete and submit to the Congress a report identifying the
source of marine debris, examining the ecological and economic
impact of marine debris, alternatives for reducing, mitigating,
preventing, and controlling the harmful affects of marine
debris, the social and economic costs and benefits of such
alternatives, and recommendations regarding both domestic and
international marine debris issues.
(2) Contents.--The report submitted under paragraph (1)
shall provide recommendations on--
(A) establishing priority areas for action to
address leading problems relating to marine debris;
(B) developing an effective strategy and approaches
to preventing, reducing, removing, and disposing of
marine debris, including through private-public
partnerships;
(C) providing appropriate infrastructure for
effective implementation and enforcement of measures to
prevent and remove marine debris, especially the
discard and loss of fishing gear;
(D) establishing effective and coordinated
education and outreach activities; and
(E) ensuring Federal cooperation with, and
assistance to, the coastal States (as defined in
section 304(4) of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453(4))), Indian tribes, and local
governments in the identification, determination of
sources, prevention, reduction, management, mitigation,
and control of marine debris and its adverse impacts.
(3) Annual progress reports.--Not later than 2 years after
the date of the enactment of this Act, and every year
thereafter, the Committee, through the chairperson, shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives a report that evaluates United
States and international progress in meeting the purposes of
this Act. The report shall include--
(A) the status of implementation of the
recommendations of the Committee and analysis of their
effectiveness;
(B) a summary of the marine debris inventory to be
maintained by the National Oceanic and Atmospheric
Administration;
(C) a review of the National Oceanic and
Atmospheric Administration program authorized by
section 3 of this Act, including projects funded and
accomplishments relating to reduction and prevention of
marine debris;
(D) a review of United States Coast Guard programs
and accomplishments relating to marine debris removal,
including enforcement and compliance with MARPOL
requirements; and
(E) estimated Federal and non-Federal funding
provided for marine debris and recommendations for
priority funding needs.
(f) Monitoring.--The Administrator, in cooperation with the
Administrator of the Environmental Protection Agency, shall utilize the
marine debris data derived under this Act and title V of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801 et
seq.) to assist--
(1) the Committee in ensuring coordination of research,
monitoring, education, and regulatory actions; and
(2) the United States Coast Guard in assessing the
effectiveness of this Act and the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.) in ensuring compliance under
section 2201 of the Marine Plastic Pollution Research and
Control Act of 1987 (33 U.S.C. 1913).
(g) Conforming Amendment.--Section 2203 of the Marine Plastic
Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is
repealed.
SEC. 6. INTERNATIONAL COOPERATION.
The Interagency Marine Debris Committee shall develop a strategy
and pursue in the International Maritime Organization and other
appropriate international and regional forums, international action to
reduce the incidence of marine debris, including--
(1) the inclusion of effective and enforceable marine
debris prevention and removal measures in international and
regional agreements, including fisheries agreements and
maritime agreements;
(2) measures to strengthen and to improve compliance with
MARPOL Annex V;
(3) national reporting and information requirements that
will assist in improving information collection, identification
and monitoring of marine debris;
(4) the establishment of an international database,
consistent with the information clearinghouse established under
section 7, that will provide current information on location,
source, prevention, and removal of marine debris;
(5) the establishment of public-private partnerships and
funding sources for pilot programs that will assist in
implementation and compliance with marine debris requirements
in international agreements and guidelines;
(6) the identification of possible amendments to and
provisions in the International Maritime Organization
Guidelines for the Implementation of Annex V of MARPOL for
potential inclusion in Annex V; and
(7) when appropriate assist the responsible Federal agency
in bilateral negotiations to effectively enforce marine debris
prevention.
SEC. 7. FEDERAL INFORMATION CLEARINGHOUSE.
The Administrator, in coordination with the Committee, shall
maintain a Federal information clearinghouse on marine debris that will
be available to researchers and other interested parties to improve
source identification, data sharing, and monitoring efforts through
collaborative research and open sharing of data. The clearinghouse
shall include--
(1) standardized protocols to map locations of commercial
fishing and aquaculture activities using Geographic Information
System techniques;
(2) a world-wide database which describes fishing gear and
equipment, and fishing practices, including information on gear
types and specifications;
(3) guidance on the identification of types of fishing gear
fragments and their sources developed in consultation with
persons of relevant expertise; and
(4) the data on mapping and identification of marine debris
to be developed pursuant to section 3(b)(1) of this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Committee.--The term ``Committee'' means the
Interagency Marine Debris Committee established by section 5 of
this Act.
(3) United states exclusive economic zone.--The term
``United States exclusive economic zone'' means the zone
established by Presidential Proclamation Numbered 5030, dated
March 10, 1983, including the ocean waters of the areas
referred to as ``eastern special areas'' in article 3(1) of the
Agreement between the United States of America and the Union of
Soviet Socialist Republics on the Maritime Boundary, signed
June 1, 1990.
(4) MARPOL; annex v; convention.--The terms ``MARPOL'',
``Annex 5'', and ``Convention'' have the meaning given those
terms in paragraphs (3) and (4) of section 2(a) of the Act to
Prevent Pollution from Ships (33 U.S.C. 1901(a)).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year 2006
through 2010--
(1) to the Administrator for the purpose of carrying out
sections 3 and 7 of this Act, $10,000,000, of which no more
than 10 percent may be for administrative costs; and
(2) to the Secretary of the Department in which the Coast
Guard is operating, for the use of the Commandant of the Coast
Guard in carrying out sections 4 and 6 of this Act, $5,000,000,
of which no more than 10 percent may be used for administrative
costs.
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