[Congressional Record Volume 150, Number 75 (Wednesday, June 2, 2004)]
[Senate]
[Pages S6349-S6352]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Stevens, Mr. Hollings, and Ms. 
        Cantwell):
  S. 2488. A bill to establish a program within the National Oceanic 
and Atmospheric Administration and the United States Coast Guard to 
help identify, 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; to the 
Committee on Commerce, Science, and Transportation.

[[Page S6350]]

  Mr. INOUYE. Mr. President, I rise today to introduce the Marine 
Debris Research and Reduction Act. From the shore, our oceans seem vast 
and limitless, but I fear that we often overlook the impacts our 
actions have on the sea and its resources. The Act that I am 
introducing today with my friends and colleagues, Senators Ted Stevens, 
Fritz Hollings, and Maria Cantwell focuses on one particular impact 
that goes unnoticed by many: marine debris.
  In a high-tech era of radiation, carcinogenic chemicals, and human-
induced climate change, the problem of the trash produced by ocean-
going vessels and dumped at sea must seem old-fashioned by comparison. 
Sea garbage would seem to be a simple issue that surely cannot rise to 
the priority level of the stresses our 21st century civilization places 
on the natural environment.
  Regrettably, that perception is wrong. While marine debris includes 
conventional ``trash,'' it also includes a vast array of additional 
materials. It is discarded fishing nets and gear. It is cargo washed 
overboard. It is abandoned equipment from our commercial fleets. Nor 
does the ``low-tech'' nature of solid refuse diminish its deadly impact 
on the creatures of the sea. Dead is dead--whether an animal dies from 
an immune system weakened by toxic chemicals, or drowns entangled in a 
discarded fishing net.
  Global warming, disease, and toxic contamination of our seas has 
already stressed these fragile ecosystems. These threats have been 
described in the draft report of the U.S. Commission on Ocean Policy, 
which also dedicated an entire chapter to the threats posed by marine 
debris. The bill we introduce today adopts the measures recommended by 
the Commission to help remove man-made marine debris from the list of 
ocean threats. It also follows the recommendations of the International 
Marine Debris Conference held in my home State of Hawaii in 2000.
  The bill establishes a Marine Debris Prevention and Removal Program 
within the National Oceanic and Atmospheric Administration, NOAA, 
directs the U.S. Coast Guard to improve enforcement of laws designed to 
prevent ship-based pollution from plastics and other garbage, re-
invigorates an interagency committee on marine debris, and improves our 
research and information on marine debris sources, threats, and 
prevention.
  In Hawaii, we are able to see the impacts of marine debris more 
clearly than most because of the convergence caused by the North 
Pacific Tropical High. Atmospheric forces cause ocean surface currents 
to converge on Hawaii, bringing with them the vast amount of debris 
floating throughout the Pacific. In 2003 alone, 122 tons of debris were 
removed from coral reefs in the Northwestern Hawaiian Islands, which is 
also home to many endangered marine species.
  I am pleased that the coordinated approach taken to address the 
threats posed by marine debris in the Northwestern Hawaiian Islands has 
provided a model for the Nation. NOAA's Pacific Islands Region 
Fisheries Science Center is leading this interagency partnership, which 
also includes the U.S. Fish and Wildlife Service, Hawaii's business and 
university communities, and conservation groups. Not only have we 
removed debris that poses harm to endangered species, but with the help 
of donated services, we have recycled the abandoned nets into energy to 
power residential homes.
  We have learned that our best path to success lies in partnering with 
one another to share resources, and it is my hope that others may adapt 
our project to their own shores through the partnership and funding 
opportunities set forth in this bill. This is why the bill establishes 
an Interagency Committee on Marine Debris to coordinate marine debris 
prevention and removal efforts among federal agencies, state 
governments, universities, and non-governmental organizations.
  We must also bear in mind that no matter how zealously we reform our 
practices, the ultimate solution lies in international cooperation. The 
oceans connect the coastal nations of the world, and we must work 
together to reduce this increasing threat to our seas and shores. The 
Marine Debris Research and Reduction Act will provide the United States 
with the tools to develop effective marine debris prevention and 
removal programs on a worldwide basis, including reporting and 
information requirements that will assist in the creation of an 
international marine debris database.
  I hope you will join me in supporting enactment of the Marine Debris 
Research and Reduction Act. This bill will provide the United States 
with the programs and resources necessary to protect our most valuable 
resources, our oceans. I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2488

       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 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 and navigation safety.
       (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) Lack of 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, priority attention to this issue, 
     and 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, 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 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 Program, the Under 
     Secretary for Oceans and Atmosphere (Under Secretary) shall 
     carry out the following activities:
       (1) Mapping, identification, impacts, removal, and 
     prevention.--The Under Secretary 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 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;

[[Page S6351]]

       (B) measures to identify the origin, location, and 
     projected movement of marine debris within the United States 
     navigable waters and the United States exclusive economic 
     zone, including the use of oceanographic, atmospheric, 
     satellite, and remote sensing data; and
       (C) development and implementation of strategies, methods, 
     priorities, and a plan, for 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 Under 
     Secretary shall improve efforts and actively seek to prevent 
     and reduce commercial 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 and 
     identification of lost gear; and
       (B) development of voluntary or mandatory management 
     measures to reduce the loss and discard of commercial fishing 
     gear, such as incentive programs, observer programs, toll-
     free reporting hotlines, and computer-based notification 
     forms.
       (3) Outreach.--The Under Secretary shall undertake outreach 
     and education of stakeholders, including the fishing, gear 
     manufacturers, and other marine-dependent industries, on 
     threats associated with marine debris and approaches to 
     identify, prevent, mitigate, monitor, and remove marine 
     debris, including outreach and education activities through 
     public-private initiatives. The Under Secretary 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 Under Secretary shall provide 
     financial assistance, in the form of grants, through the 
     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 Under Secretary may waive all or part of 
     the matching requirement under subparagraph (A) if the Under 
     Secretary 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 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 Under 
     Secretary 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 Under Secretary shall 
     promulgate necessary guidelines for implementation of the 
     grant program, including development of criteria and 
     priorities for grants. In developing those guidelines, the 
     Under Secretary 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 entities with marine debris 
     experience;
       (D) marine-dependent industries; and
       (E) non-governmental organizations involved in marine 
     debris research and mitigation activities (including 
     activities regarding commercial fishing gear).
       (6) Project review and approval.--The Under Secretary 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 Under Secretary 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 Under 
     Secretary. Each report shall include all information required 
     by the Under Secretary for evaluating the progress and 
     success of the project.

     SEC. 4. COAST GUARD PROGRAM.

       The Commandant of the Coast Guard shall, in cooperation 
     with the Under Secretary, 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 improve the implementation of the 
     requirement of MARPOL Annex V and the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901 et seq.) that all United 
     States ports and terminals maintain receptacles for disposing 
     of plastics, including 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 require vessels, including 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 require United States fishing vessels to 
     report the loss and recovery of fishing gear and to expand to 
     smaller vessels existing requirements to maintain ship-board 
     receptacles and maintain a ship-board waste management plan, 
     taking into account potential economic impacts, technical 
     feasibility, and other factors;
       (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, assess, reduce, 
     and prevent marine debris, 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 Marine Mammal Commission; and
       (8) such other Federal agencies that have an interest in 
     ocean issues or water pollution prevention and control as the 
     Secretary of Commerce determines appropriate.
       (c) Meetings.--The Committee shall meet at least twice a 
     year to provide a forum to ensure the coordination of 
     national and international research, monitoring, education, 
     and regulatory actions addressing the persistent marine 
     debris problem.
       (d) 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 examining the ecological and economic impact of marine 
     debris, alternatives for reducing, mitigating, preventing, 
     and controlling the harmful affects of marine debris, and the 
     social and economic costs and benefits of such alternatives.
       (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 
     reducing, removing, and disposing of marine debris, including 
     through private-public partnerships;

[[Page S6352]]

       (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 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.
       (e) 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, including 
     plastics and derelict fishing gear;
       (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, 
     including fishing gear;
       (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 Under Secretary, 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 gear fragments; 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) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary for Oceans and Atmosphere of the 
     Department of Commerce.
       (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 fiscal year 
     2005--
       (1) to the Secretary of Commerce 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.
                                 ______