[Congressional Record (Bound Edition), Volume 151 (2005), Part 11]
[Senate]
[Pages 15318-15321]
[From the U.S. Government Publishing Office, www.gpo.gov]




          MARINE DEBRIS RESEARCH PREVENTION AND REDUCTION ACT

  The Senate proceeded to consider the bill (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, which had been reported from 
the Committee on Commerce, Science, and Transportation, with an 
amendment.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 362

       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

[[Page 15319]]

     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;] disposal, 
     taking into account potential economic impacts and technical 
     feasibility;
       (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;

[[Page 15320]]

       (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.

  Mr. INOUYE. I rise today in support of S. 362, the Marine Debris 
Research, Prevention, and Reduction Act, legislation I introduced with 
Senator Stevens, with the cosponsorship of Senators Cantwell, Snowe, 
Lautenberg, Kerry, Sarbanes, Akaka, and Murray.
  This bill, which I am proud to say passed the Senate unanimously in 
the 108th Congress, focuses on one particular impact that goes 
unnoticed by many and has been largely ignored by the global community: 
marine debris. This problem is so important, and so pervasive, that it 
merited an entire chapter of the 2004 Report of the U.S. Commission on 
Ocean Policy.
  While marine debris includes conventional ``trash,'' it also includes 
a vast array of additional materials that may find their way to sea, 
such as discarded or lost fishing gear, cargo washed overboard, and 
abandoned equipment from our commercial fleets. Marine debris is not 
only unsightly and dangerous to navigation, but it is also deadly to 
sea creatures, which may die entangled in a discarded fishing net or 
after ingesting plastic items such as lighters and toys.
  While the problem is vast, it is also reversible when given 
sufficient emphasis, coordination, and funding. The

[[Page 15321]]

bill being considered by the full Senate today aims to meet this 
challenge by adopting the measures recommended by both the Ocean 
Commission and the 2000 International Marine Debris Conference to help 
remove manmade marine debris from the list of ocean threats. The bill 
has strong support from the Bush administration, environmental groups, 
and others with an interest in the marine debris problem, including the 
Ocean Conservancy and the Northwest Straits Commission.
  Specifically, our legislation would establish a Marine Debris 
Prevention and Removal Program within the National Oceanic and 
Atmospheric Administration, NOAA, direct the U.S. Coast Guard to 
improve enforcement of laws designed to prevent ship-based pollution 
from plastics and other garbage, reinvigorate an interagency committee 
on marine debris, and improve our research and information on marine 
debris sources, threats, and prevention. The bill would authorize $10 
million in funding for the NOAA program, and $5 million in funding for 
the Coast Guard program. I am pleased to say that congressional action 
last year provided $5 million in appropriated funding to NOAA 
specifically toward this problem, and the Senate Appropriations 
Committee has recommended increasing this amount to $6.4 million in 
fiscal year 2006. We challenge the administration to likewise increase 
funding for this initiative in coming years.
  In Hawaii, the impacts of marine debris are more visible 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. 
Since 1996, a total of 484 tons of debris have been removed from coral 
reefs in the northwestern Hawaiian Islands, which is also home to many 
endangered marine species. In 2004 alone, the program removed over 125 
tons of debris. However, because more debris arrives daily, the job is 
far from done.
  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. 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.
  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, Prevention, 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.
  Mr. President, I encourage my colleagues to join me in supporting 
enactment of the Marine Debris Research, Prevention, and Reduction Act. 
This bill will provide the United States with the programs and 
resources necessary to protect our most valuable resources, our oceans.
  The committee amendment was agreed to.
  The amendment (No. 1099) was agreed to, as follows:
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 362), as amended, was read the third time, and passed.

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