[Senate Report 109-56]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
1st Session 109-56
_______________________________________________________________________
Calendar No. 70
MARINE DEBRIS RESEARCH PREVENTION AND REDUCTION PROGRAM ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 362
DATE deg.April 13, 2005.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
first session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD R. BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DeMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
David Russell, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
109th Congress Report
SENATE
1st Session 109-56
======================================================================
MARINE DEBRIS RESEARCH PREVENTION AND REDUCTION PROGRAM ACT
_______
April 13, 2005.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 362]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill joint resolution deg. (S.
H.R. deg. 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,
having considered the same, reports favorably thereon
without amendment deg. with amendments deg.
with an amendment (in the nature of a substitute) deg.
and recommends that the bill joint resolution deg. (as
amended) do pass.
Purpose of the Bill
The purpose of S. 362, the Marine Debris Research Prevention
and Reduction Act, is to establish programs within NOAA and the
Coast Guard to ``identify, assess, reduce and prevent marine
debris and its adverse impacts on the marine environment and
navigation safety'' and establish an Interagency Committee on
Marine Debris responsible for coordinating Federal efforts on
this issue. The bill would authorize appropriations for each
fiscal year 2006 through 2010 for NOAA ($10,000,000) and the
Coast Guard ($5,000,000) to carry out this program.
Background and Needs
Each year, millions of marine mammals, sea turtles, fish and
seabirds become entangled in marine debris or ingest plastics
which they have mistaken for food. It is estimated that 1,267
different marine species have been reported to have been
entangled in or to have ingested marine debris. The plastic in
the debris constricts the animals' movements or kills them
through starvation, exhaustion, or infection from deep wounds
caused by the tightening of tangled material. The animals may
starve to death, because the plastic clogs their intestines,
preventing them from obtaining vital nutrients. Toxic
substances present in plastics can also cause death or
reproductive failure.
Humans can also be affected directly by marine debris.
Swimmers and divers can become entangled in abandoned netting
and fishing lines. Beach users can be injured by stepping on
broken glass, cans, needles or other litter. Floating debris is
visually unappealing and can result in lost tourism revenues.
Furthermore, marine debris acts as a navigational hazard by
entangling propellers and clogging cooling water intake valves.
Land-based sources cause 80 percent of the marine debris
found on our beaches and waters. The second source of marine
debris derives from ocean-based sources, including lost or
abandoned fishing gear, galley waste, trash from ships, and
offshore oil and gas exploration and production facilities. In
Hawaii, the impacts of marine debris are particularly apparent
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. In 2003 alone, 122 tons were
removed from this same area.
The U.S. Commission on Ocean Policy (Commission) devoted an
entire chapter to the problem of marine debris in its Final
Report, released on September 20, 2004. The Commission
advocated strengthening interagency efforts and public-private
partnerships to promote monitoring, prevention, reduction, and
public awareness of marine debris and its impacts. It also
recommends development of an international plan of action to
target derelict fishing gear, which is a serious and persistent
source of marine debris.
S. 362, the Marine Debris Research Prevention and Reduction
Act, addresses many of the marine debris recommendations of the
Ocean Commission. It would establish a Marine Debris Prevention
and Removal Program within NOAA to reduce and prevent adverse
impacts of marine debris on the marine environment and
navigational safety. The NOAA program would undertake marine
debris mapping, identification, prevention, and removal
efforts; public education and outreach efforts; and research
and development of gear alternatives to reduce threats to the
marine environment and to enhance the tracking, recovery, and
identification of lost gear.
The bill would also establish a marine debris grants program
to States or other eligible groups to encourage cooperative
approaches to address marine debris problems. The bill would
establish a 50 percent non-Federal match requirement, and allow
for in-kind contributions, including environmental mitigation
funds provided under a consent decree, but not an
administrative order. NOAA is also authorized to maintain a
Federal information clearinghouse on marine debris that will be
available to researchers and other interested parties, which is
intended to assist in identifying sources and devising
prevention strategies.
In addition, the bill would direct the United States Coast
Guard to improve its enforcement of MARPOL Annex V and the Act
to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), which
are designed to prevent ship-based pollution from plastics and
other garbage. Specific measures authorized to be considered by
the Coast Guard include those outlined in the 1997
International Maritime Organization's Guidelines for the
Implementation of Annex V of MARPOL 73/78, such as regulations
to ensure that ports and terminals have adequate waste
receptacles and logging procedures for the proper disposal of
plastics. These guidelines emphasize the importance of
considering technological feasibility and cost in adapting
these requirements to the variety of vessels and ports at
issue.
As recommended by the Ocean Commission, the bill re-
establishes and strengthens the Interagency Committee on Marine
Debris (Committee), in order to re-invigorate marine debris
research and activities among Federal agencies, in cooperation
with non-governmental entities. The Committee would be required
to prepare an Interagency Report on Marine Debris Impacts and
Strategies within 12 months of enactment. The bill also directs
the Committee to develop a strategy to pursue international
action to reduce the incidence of marine debris through the
International Maritime Organization and other appropriate
international and regional fora.
The bill provides authorization of appropriations for NOAA
($10 million annually) and the Coast Guard ($5 million
annually) for fiscal years 2006 through 2010 to carry out the
programs authorized under the Act.
Legislative History
S. 362 was introduced in the Senate on February 10, 2005, by
Senator Inouye and referred to the Senate Committee on
Commerce, Science, and Transportation. It is co-sponsored by
Senators Stevens, Kerry, Snowe, Lautenberg, Sarbanes, and
Cantwell.
On March 10, 2005, the bill was considered by the Committee
in an open Executive Session. Senator Lott offered an amendment
to section 4(a)(3) to clarify that in developing regulations to
close the waste disposal record keeping gaps for small vessels
entering United States ports, the Coast Guard should consider
economic impacts and technical feasability of such reporting
requirements. The Committee, without objection, approved the
Lott amendment and ordered S. 362 be reported as amended.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 362--Marine Debris Research Prevention and Reduction Act
Summary: S. 362 would establish a program to reduce the
amount of marine debris (such as plastic and lost fishing gear)
in oceans and coastal areas and to mitigate its effects on
health and navigation safety. Under the bill, the National
Oceanic and Atmospheric Administration (NOAA) would conduct
projects to identify and catalogue debris hazards and determine
its sources, and to develop methods of removing existing debris
and preventing further occurrences. The bill would authorize
NOAA to provide grants to nonfederal entities such as state or
local governments and universities involved with those
activities. S. 362 also would direct the U.S. Coast Guard
(USCG) to improve enforcement and reduce violations of existing
laws and treaties that address ocean pollution waste disposal
at sea and would require the USCG to develop new regulations on
disposal of plastics and fishing gear. For those purposes, the
bill would authorize the appropriation of $15 million ($10
million to NOAA and $5 million to USCG) for each of fiscal
years 2006 through 2010.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 362 would cost $3 million in
fiscal year 2006 and $75 million over the 2006-2010 period.
Enacting this bill would have no effect on revenues or direct
spending.
S. 362 contains both intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
It would require the Coast Guard to issue regulations that
improve the disposal of plastics and other garbage by public
and private ports. In addition, the bill would impose
requirements on the owners and operators of small commercial
vessels. Based on information from the Coast Guard, CBO expects
that the aggregate costs of the mandates in the bill would fall
well below the thresholds ($62 million for intergovernmental
mandates and $123 million for private-sector mandates, in 2005,
adjusted annually for inflation) established by the act.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 362 is shown in the following table. The
costs of this legislation fall within budget functions 300
(natural resources and environment) and 400 (transportation).
For this estimate, CBO assumes that the authorized amounts will
be appropriated for each year and that outlays will follow
historical spending patterns for similar activities of the
agencies involved.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 15 15 15 15 15
Estimated Outlays.................................................. 3 17 17 18 20
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: S. 362
contains both intergovernmental and private-sector mandates as
defined in UMRA. It would require the Coast Guard to issue
regulations that improve the disposal of plastics and other
garbage by public and private ports. In addition, the bill
would impose requirements on the owners and operators of small
commercial vessels. Based on information from the Coast Guard,
CBO expects that the aggregate costs of the mandates in the
bill would fall well below the thresholds ($62 million for
intergovernmental mandates and $123 million for private-sector
mandates, in 2005, adjusted annually for inflation) established
by the act.
Mandates on port terminals
By requiring the Coast Guard to issue new regulations
addressing the processing of marine waste, S. 362 would likely
lead to new requirements on port terminals for the handling of
such materials. Current law requires ports to either provide
disposal facilities on-site or provide vessels with a list of
vendors to collect the waste. Owners and operators of the
vessels that dock at ports generally pay vendors directly for
the disposal of their solid wastes. In issuing the new
regulations, the Coast Guard does not intend to reduce ports'
flexibility. CBO assumes, therefore, that additional costs to
port terminals would not be significant.
Mandates on vessels
S. 362 also would impose additional requirements on smaller
commercial vessels by requiring the Coast Guard to develop new
regulations that improve recordkeeping and ship-board waste
management by fishing vessels. Under current law, vessels
weighing 400 tons or greater are required to keep waste
disposal records, and vessels forty feet or longer are required
to maintain a waste management plan. The bill suggests that the
Coast Guard may make regulations expanding those requirements
to smaller vessels. Because the Coast Guard does not intend to
make regulations that would be costly for owners and operators
of smaller vessels, CBO assumes that additional costs to those
groups would not be significant.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Gregory Waring; and
Impact on the Private Sector: Selena Caldera.
Estimate approved by: Peter Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would establish programs within NOAA and
the Coast Guard to identify, assess, reduce, and prevent marine
debris and its adverse impacts on the marine environment and
navigation safety. It would authorize the Coast Guard to
develop regulations to reduce violations of the provisions of
MARPOL Annex V and the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) requiring that United States ports and
terminals maintain waste disposal receptacles, for plastics and
other garbage. The Coast Guard would also be authorized to
develop regulations to close record keeping gaps, which may
include regulations regarding vessel waste disposal records and
ship-board waste management, so individuals or businesses that
generate waste on board ships could become subject to new
regulations.
ECONOMIC IMPACT
Section 9 authorizes $10,000,000 to the Administrator of NOAA
and $5,000,000 to the Secretary of the Department in which the
Coast Guard is operating for each fiscal year 2006 through 2010
to implement provisions of this bill. Both of these amounts
have 10 percent administrative caps. These funding levels are
modest and are not expected to have an inflationary impact on
the nation's economy.
PRIVACY
The Coast Guard regulations authorized in section 4 of the
reported bill may lead to changes in the way ship-board waste
information is collected and reported, but it is not expected
to have any adverse impact on the personal privacy of
individuals.
PAPERWORK
The Coast Guard regulations authorized in section 4 of the
reported bill may lead to changes in the paperwork requirements
for recording and reporting ship-board waste, including loss
and recovery of fishing gear, in the private sector.
Section-by-Section Analysis
Section 1. Short title
Section 1 states that this may be cited as ``Marine Debris
Research, Prevention and Reduction Act''.
Section 2. Findings and purposes
Subsection (a) conveys the importance of the ocean
environment and the fragility of ocean ecosystems, and
identifies marine debris, particularly plastics, as a
significant long-term threat to these systems. Subsection (b)
states that a purpose of this Act is to establish programs
within NOAA and the Coast Guard to ``identify, assess, reduce,
and prevent marine debris and its adverse impacts on the marine
environment and navigation safety.'' Other purposes include
increased Federal coordination, international cooperation, and
better data management.
Section 3. NOAA marine debris prevention and removal program
This section would establish a program within NOAA to reduce
and prevent marine debris. Subsection (b)(1) would require the
program to develop methods for identifying the source of marine
debris in United States navigable waters and the United States
Exclusive Economic Zone, tracking and predicting its movement,
and preventing and removing it. Subsection (b)(2) would require
NOAA to research fishing gear that will pose less of a threat
to the marine environment, develop tracking devices for lost
gear, and develop voluntary programs to reduce the loss or
discarding of old gear. Under subsection (b)(3), NOAA would be
responsible for educating stakeholders on marine debris.
Subsection (c) would authorize grants to meet the purposes of
the Act. The bill would require a 50 percent match from non-
Federal sources, with a waiver provision, establish a merit-
based peer review process for grant proposals, and require
periodic reports from grantees. Formation of grant guidelines
would require consultation with various groups, including
regional fishery management councils established under the
Magnuson-Stevens Fishery Conservation and Management Act.
Section 4. Coast Guard program
Section 4 directs the Coast Guard, in consultation with NOAA,
to 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 bill would require development of the
following measures: (1) a strategy to improve monitoring and
enforcement of current laws, as well as recommendations for
statutory or regulatory changes to improve compliance,
including amendments to MARPOL; (2) regulations to address any
implementation gaps with respect to the requirement of MARPOL
Annex V and the Act to Prevent Pollution from Ships that United
States ports and terminals maintain receptacles for disposing
of plastics and other garbage; (3) regulations to close record
keeping gaps for vessels entering United States ports regarding
disposal of plastics and other garbage, considering economic
impact and technical feasibility; (4) regulations to improve
shipboard waste management; (5) outreach to commercial vessel
operators and recreational boaters toward the development of a
voluntary reporting program, along with a central reporting
location, for incidents of vessel damage caused by marine
debris and observed violations of marine debris laws and
regulation; and (6) a voluntary program for United States flag
vessels to inform the Coast Guard of any non-U.S. ports that
lack the adequate port reception facilities for garbage.
Section 5. Interagency coordination
This section would establish an Interagency Committee on
Marine Debris to coordinate Federal activities and cooperate
with non-Federal government entities in developing a
comprehensive program of marine debris research and activities.
Members would include NOAA, the United States Coast Guard, the
Environmental Protection Agency, the United States Navy, the
Maritime Administration, the National Aeronautics and Space
Administration, United States Fish and Wildlife Service, the
Department of State, the Marine Mammal Commission, and other
interested agencies. Section 5(c) would require Committee
meetings twice annually, and section 5(d) would direct the
Committee to develop and promulgate through regulation a
definition of the term ``marine debris.'' Section 5(e) would
require an interagency report examining the sources and impacts
of marine debris, potential solutions for those impacts, and
the costs-benefits of those solutions. Section 5(e) would also
require annual reports on progress made by the programs
established in this Act and international partnership efforts.
Subsection (f) adopts language in existing law (33 U.S.C. 1914)
regarding coordinated use of marine debris data. Subsection (g)
makes a conforming change to repeal section 2203 of the Marine
Plastic Pollution Research and Control Act of 1987 (33 U.S.C.
1914), which authorized the establishment of an Interagency
Marine Debris Committee, and which is now superceded by section
5.
Section 6. International cooperation
Section 6 would direct the Interagency Marine Debris
Committee to develop a strategy to pursue international action
to reduce the incidence of marine debris, through the
International Maritime Organization and other appropriate
international and regional fora. Such action would include
effective and enforceable marine debris prevention and removal
measures in international and regional agreements, measures to
strengthen and improve compliance with MARPOL Annex V, and an
international database, consistent with the clearinghouse
established under section 7, that will provide current
information on location, source, prevention, and removal of
marine debris.
Section 7. Federal information clearinghouse
This section would establish within NOAA a clearinghouse to
store marine debris data and information, including information
useful in identifying fishing gear fragments, to be shared with
researchers and other interested parties. The clearinghouse
will include (1) standardized protocols to map general
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; (3) guidance on the identification of gear
fragments and their sources; and (4) data on mapping and
identification of marine debris to be developed under this Act.
Section 8. Definitions
Section 8 defines the following terms: (1) ``Administrator'';
(2) ``Committee''; (3) ``United States Exclusive Economic
Zone''; (4) and ``MARPOL''.
Section 9. Authorization of appropriations
For each of fiscal years 2006 through 2010, the bill would
authorize $10,000,000 to the Administrator and $5,000,000 to
the Secretary of the Department in which the Coast Guard is
operating (i.e., the Department of Homeland Security), with the
stipulation that no more than 10 percent of either sum may be
used for administrative costs.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
MARINE PLASTIC POLLUTION RESEARCH AND CONTROL ACT OF 1987 (33 U.S.C.
1914)
TITLE 33. NAVIGATION AND NAVIGABLE WATERS
CHAPTER 33. PREVENTION OF POLLUTION FROM SHIPS
[SEC. 2003. COORDINATION.
[33 U.S.C. 1914]
[(a) Establishment of Marine Debris Coordinating Committee.--
The Secretary of Commerce shall establish a Marine Debris
Coordinating Committee.
[(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 Environmental Protection Agency;
[(3) the United States Coast Guard;
[(4) the United States Navy; and
[(5) 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) Monitoring.--The Secretary of Commerce, acting through
the Administrator of the National Oceanic and Atmospheric
Administration, in cooperation with the Administrator of the
Environmental Protection Agency, shall utilize the marine
debris data derived under 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 in ensuring compliance under
section 2201.]