United States-Japan Fishery Agreement Approval Act of 1987
PL 100-220 (H.R.3674), enacted 12/29/1987

101 STAT. 1458 
PUBLIC LAW 100-220—DEC. 29, 1987 
Public Law 100-
100th Congress 
220 
Dec. 29, 1987 
[H.R. 3674] 
United States-
Japan Fishery 
Agreement 
Approval Act of 
1987. 
Environmental 
protection. 
16 u s e 1801 
note. 
An Act 
To provide congressional approval of the Governing International Fishery Agreement 
between the United States and Japan; to implement the provisions of Annex V to 
the International Convention for the Prevention of Pollution from Ships, 1973; to 
reauthorize the National Sea Grant College Program Act; to improve efforts 
to monitor, assess, and reduce the adverse impacts of driftnets; 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 "United States-Japan Fishery Agree-
ment Approval Act of 1987". 
SEC. 2. TABLE OF CONTENTS. 
The contents of this Act are as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—APPROVAL OF GOVERNING INTERNATIONAL FISHERY 
AGREEMENT WITH JAPAN 
Sec. 1001. Approval of agreement. 
TITLE II—PLASTIC POLLUTION RESEARCH AND CONTROL 
Sec. 2001. Short title. 
Sec. 2002. Effective date. 
Sec. 2003. Preemption; additional State requirements. 
Subtitle A—Amendments to Act to Prevent Pollution From Ships 
Sec. 2101. Definitions. 
Sec. 2102. Application of Act. 
Sec. 2103. Pollution reception facilities. 
Sec. 2104. Violations. 
Sec. 2105. Civil penalties. 
Sec. 2106. Proposed amendments to protocol. 
Sec. 2107. Administration and enforcement; refuse record books; waste management 
plans; notification of crew and passengers. 
Sec. 2108. Compliance with international law. 
Subtitle B—Studies and Report 
Sec. 2201. Compliance reports. 
Sec. 2202. EPA study of methods to reduce plastic pollution. 
Sec. 2203. Effects of plastic materials on the marine environment. 
Sec. 2204. Plastic pollution public education program. 
Subtitle C—New York Bight 
Sec. 2301. New York Bight restoration plan. 
Sec, 2302. New York Bight plastic study. 
Sec. 2303. Reports. 
Sec. 2304. Definitions. 
Sec. 2305. Authorization of appropriations. 
TITLE III—MARINE SCIENCE, TECHNOLOGY. AND POLICY DEVELOPMENT 
Sec. 3001. Short title. 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1459 
Subtitle A—National Sea Grant College Program Authorization 
Sec. 3101. Short title. 
Sec. 3102. Reference to the National Sea Grant College Program Act. 
Sec. 3103. Declaration of policy. 
Sec. 3104. Definitions. 
Sec. 3105. Contracts and grants. 
Sec. 3106. Sea grant strategic research program. 
Sec. 3107. Fellowships. 
Sec. 3108. Sea grant review panel. 
Sec. 3109. Marine affairs and resource management improvement grants. 
Sec. 3110. Authorization of appropriations. 
Sec. 3111. Sea grant international program. 
Subtitle B—Great Lakes Mapping 
Sec. 3201. Short title. 
Sec. 3202. Great Lakes shoreline mapping plan. 
Sec. 3203. Preparation of Great Lakes shoreline maps. 
Sec. 3204. Contract authority. 
Sec. 3205. Definitions. 
Sec. 3206. Authorization of appropriations. 
TITLE IV—DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL 
Sec. 4001. Short title. 
Sec. 4002. Findings. 
Sec. 4003. Definitions. 
Sec. 4004. Monitoring agreements. 
Sec. 4005. Impact report. 
Sec. 4006. Enforcement agreements. 
Sec. 4007. Evaluations and recommendations. 
Sec. 4008. Construction with other laws. 
Sec. 4009. Authorization of appropriations. 
TITLE V—RED TIDE CONTAMINATION 
Sec. 5001. Declaration of disaster. 
Sec. 5002. Provision of eissistance. 
Sec. 5003. Recent North Carolina Coast red tide contamination, defined. 
TITLE 
I—APPROVAL 
OF 
GOVERNING 
INTERNATIONAL FISHERY AGREEMENT 
WITH JAPAN 
SEC. 1001. APPROVAL OF AGREEMENT. 
16 USC 1823 
Notwithstanding section 203 of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1823), the governing inter-
national fishery agreement between the Government of the United 
States of America and the Government of Japan Concerning Fish-
eries Off the Coasts of the United States, as contained in the 
message to Congress from the President of the United States, dated 
November 17,1987— 
' 
(1) is approved by Congress as a governing international 
fishery agreement for the purposes of such Act; and 
(2) shall enter into force and effect with respect to the United 
States on the date of the enactment of this Act. 
91-194 O - 90 - 6 : QL.3 Part 3 
101 STAT. 1460 
PUBLIC LAW 100-220—DEC. 29, 1987 
Marine Plastic 
Pollution 
Research and 
Control Act of 
1987. 
33 u s e 1901 
note. 
33 u s e 1901. 
TITLE II—PLASTIC POLLUTION 
RESEARCH AND CONTROL 
SEC. 2001. SHORT TITLE. 
This title may be cited £is the "Marine Plastic Pollution Research 
and Control Act of 1987". 
SEC. 2002. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsections (b) and (c), this 
title shall be effective on the date on which Annex V to the 
International Convention for the Prevention of Pollution from 
Ships, 1973, enters into force for the United States. 
(b) EXCEPTIONS.—Sections 2001, 2002, 2003, 2108, 2202, 2203, 2204, 
and subtitle C of this title shall be effective on the date of the 
enactment of this title. 
(c) ISSUANCE OF REGULATIONS.— 
(1) IN GENERAL.—The authority to prescribe regulations 
pursuant to this title shall be effective on the date of enactment 
of this title. 
" 
(2) EFFECTIVE DATE OF REGULATIONS.—Any regulation pre-
scribed pursuant to this title shall not be effective before the 
effective date of the provision of this title under which the 
regulation is prescribed. 
SEC. 2003. PREEMPTION; ADDITIONAL STATE REQUIREMENTS. 
(a) PREEMPTION.—Except as specifically provided in this title, 
nothing in this title shall be interpreted or construed to supersede or 
preempt any other provision of Federal or State law, either statu-
tory or common. 
(b) ADDITIONAL STATE REQUIREMENTS.—Nothing in this title shall 
be construed or interpreted as preempting any State from imposing 
any additional requirements. 
Subtitle A—Amendments to Act to Prevent 
Pollution From Ships 
SEC. 2101. DEFINITIONS. 
Section 2 of the Act to Prevent Pollution from Ships (33 U.S.C. 
1901 et seq.) is amended as follows: 
(1) "(a)" is inserted after "SEC. 2.". 
(2) Subsection (aXD (as redesignated) is amended to read as 
follows: 
"(1) 'MARPOL Protocol' means the Protocol of 1978 relating 
to the International Convention for the Prevention of Pollution 
from Ships, 1973, and includes the C!k)nvention;". 
(3) Subsection (aX2) (as redesignated) is amended by striking 
all after "and" the second time it appears and inserting in lieu 
thereof the following: "Annexes I, II, and V thereto, including 
any modification or amendments to the Convention, Protocols, 
or Annexes which have entered into force for the United 
States;". 
(4) Subsection (aX3) (as redesignated) is amended by inserting 
"and 'garbage' " after "discharge". 
(5) The following is added at the end of section 2: 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1461 
"(b) For purposes of this Act, the requirements of Annex V shall 
apply to the navigable waters of the United States, as well as to all 
other waters and vessels over which the United States has 
jurisdiction.". 
SEC. 2102. APPLICATION OF ACT. 
(a) IN GENERAL.—Section 3(a) of the Act to Prevent Pollution from 
Ships is amended to read as follows: 
33 USC 1902. 
"(a) This Act shall apply— 
"(1) to a ship of United States registry or nationality, or one 
operated under the authority of the United States, wherever 
located; 
"(2) with respect to Annexes I and II to the Convention, to a 
ship, other than a ship referred to in paragraph (1), while in the 
navigable waters of the United States; 
"(3) with respect to the requirements of Annex V to the 
Convention, to a ship, other than a ship referred to in para-
graph (1), while in the navigable waters or the exclusive eco-
nomic zone of the United States; and 
"(4) with respect to regulations prescribed under section 6 of 
this Act, any port or terminal in the United States.". 
(b) EXCLUSIONS.—Section 3(b) of the Act to Prevent Pollution from 
Ships is amended to read as follows: 
"(bXD Except as provided in paragraph (2), this Act shall not 
apply to— 
"(A) a warship, naval auxiliary, or other ship owned or oper-
ated by the United States when engaged in noncommercial 
service; or 
"(B) any other ship specifically excluded by the MARPOL 
Protocol. 
"(2XA) Notwithstanding any provision of the MARPOL Protocol, 
and subject to subparagraph (B) of this parsigraph, the requirements 
of Annex V to the (Convention shall apply after 5 years after the 
effective date of this paragraph to a ship referred to in paragraph 
(IXA). 
"(B) This paragraph shall not apply during time of war or a 
declared national emergency.". 
(c) REGULATIONS.—Section 3(c) of the Act to Prevent Pollution 
from Ships is amended to read as follows: 
"(c) The Secretary shall prescribe regulations applicable to the 
ships of a country not a party to the MARPOL Protocol, including 
regulations conforming to and giving effect to the requirements of 
Annex V as they apply under subsection (a) of section 3, to ensure 
that their treatment is not more favorable than that accorded ships 
to parties to the MARPOL Protocol.". 
SEC. 2103. POLLUTION RECEPTION FACILITIES. 
(a) DETERMINATION OF ADEQUACY OF FACIUTIES.—Section 6(a) of 
the Act to Prevent Pollution from Ships is amended— 
33 USC 1905. 
(1) by inserting "(1)" immediately after "(a)"; 
(2) in subsection (aXD, as so redesignated, by striking "recep-
tion facilities of a port or terminal" and inserting in lieu thereof 
the following: "a port's or terminal's reception facilities for 
mixtures containing oil or noxious liquid substances"; and 
(3) by adding at the end the following: 
"(2) The Secretary, after consulting with appropriate Federal 
Regulations. 
agencies, shall establish regulations setting criteria for deter-
101 STAT. 1462 
PUBLIC LAW 100-220—DEC. 29, 1987 
mining the adequacy of reception facilities for garbage at a port 
or terminal, and stating such additional measures and require-
ments as are appropriate to ensure such adequacy. Persons in 
charge of ports and terminals shall provide reception facilities, 
or ensure that such facilities are available, for receiving gar-
bage in accordance with those regulations.". 
0>) CONSIDERATION OF NUMBER AND TYPES OF SHIPS.—Section 6(b) 
33 use 1905. 
of the Act to Prevent Pollution from Ships is amended by striking 
"terminal," the first time it appears and inserting in lieu thereof the 
following: "terminal, and in establishing regulations under subsec-
tion (a) of this section," and by striking "seagoing ships" and 
inserting in lieu thereof the following: "ships or seagoing ships". 
(c) CERTIFICATE ISSUANCE.—Section 6(c) of the Act to Prevent 
Pollution from Ships is amended to read as follows: 
"(c)(1) If reception facilities of a port or terminal meet the require-
ments of Annex V to the Convention and the regulations 
prescribed under subsection (aXD, the Secretary shall, after con-
sultation with the Administrator of the Environmental Protection 
Agency, issue a certificate to that effect to the applicant. 
"(2) If reception facilities of a port or terminal meet the require-
ments of Annex V to the Convention and the regulations 
prescribed under subsection (a)(2), the Secretary may, after consulta-
tion with appropriate Federal agencies, issue a certificate to that 
effect to the person in charge of the port or terminal. 
"(3) A certificate issued under this subsection— 
"(A) is valid until suspended or revoked by the Secretary for 
cause or because of changed conditions; and 
"(B) shall be available for inspection upon the request of the 
master, other person in charge, or agent of a ship using or 
intending to use the port or terminal. 
"(4) The suspension or revocation of a certificate issued under this 
subsection may be appealed to the Secretary and acted on by the 
Secretary in the manner prescribed by regulation.". 
(d) ENTRY DENIAL.—Section 6(e) of the Act to Prevent Pollution 
from Ships is amended— 
(1) by inserting "(1)" immediately after "(e)"; 
(2) by striking "(1)" and inserting in lieu thereof "(A)"; 
(3) by striking "(2)" and inserting in lieu thereof "(B)"; 
(4) in subparagraph (A), as so redesignated, by striking "the 
MARPOL Protocol" and inserting in lieu thereof the following: 
"Annexes I and II of the Convention"; and 
(5) by adding at the end the following: 
"(2) The Secretary may deny the entry of a ship to a port or 
terminal required by regulations issued under this section to provide 
adequate reception facilities for garbage if the port or terminal is 
not in compliance with those regulations.". 
SEC. 2104. VIOLATIONS. 
(a) SHIP INSPECTIONS.—Section 8(c) of the Act to Prevent Pollution 
33 use 1907. 
from Ships is amended by— 
(1) striking "(1)" and inserting "(A)"; 
(2) striking "(2)" and inserting "(B)"; 
(3) inserting "(2)" immediately after "(c)"; 
(4) in the last sentence of paragraph (2) (as redesignated), 
striking "If a report made under this subsection involves a ship, 
other than one of United States registry or nationality or one 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1463 
operated under the authority of the United States, the" and 
inserting "The"; and 
(5) inserting before paragraph (2) (as redesignated) the follow-
ing: "(1) This subsection applies to inspections relating to pos-
sible violations of Annex I or Annex II to the Convention by any 
seagoing ship referred to in section 3(aX2) of this Act.". 
AD) SHIP INSPECTIONS OTHER THAN AT PORT OR TERMINAL.—Section 
8 of the Act to Prevent Pollution from Ships is amended by re- 
33 USC 1907. 
designating subsection (d) as subsection (f) and inserting after 
subsection (c) the following: 
"(dXD The Secretary may inspect a ship referred to in section 
3(aX3) of this Act to verify whether the ship has disposed of garbage 
in violation of Annex V to the Convention or this Act. 
"(2) If an inspection under this subsection indicates that a viola-
tion has occurred, the Secretary may undertake enforcement action 
under section 9 of this Act. 
"(e)(1) The Secretary may inspect at any time a ship of United 
States registry or nationality or operating under the authority of 
the United States to which the MARPOL Protocol applies to verify 
whether the ship has discharged a harmful substance or disposed of 
garbage in violation of that Protocol or this Act. 
"(2) If an inspection under this subsection indicates that a viola-
tion of the MARPOL Protocol has occurred the Secretary may 
undertake enforcement action under section 9 of this Act.". 
SEC. 2105. CIVIL PENALTIES. 
33 USC 1908. 
(a) PAYMENT FOR INFORMATION.— 
(1) INFORMATION LEADING TO CONVICTION.—Section 9(a) of the 
Act to Prevent Pollution From Ships is amended by inserting 
after the first sentence the following: "In the discretion of the 
Court, an amount equal to not more than Vi of such fine may be 
paid to the person giving information leading to conviction.". 
(2) INFORMATION LEADING TO ASSESSMENT OF PENALTY.—Sec-
tion 9(b) of the Act to Prevent Pollution From Ships is amended 
by adding at the end the following: "An amount equal to not 
more than V
2 of such penalties may be paid by the Secretary to 
the person giving information leading to the assessment of such 
penalties.". 
(b) 
REFERENCE OF VIOLATION TO COUNTRY OF REGISTRY OR 
NATIONALITY.—Section 9(0 of the Act to Prevent Pollution from 
Ships is amended by striking "to that country" and inserting "to the 
government of the country of the ship's registry or nationality, or 
under whose authority the ship is operating". 
SEC. 2106. PROPOSED AMENDMENTS TO PROTOCOL. 
International 
Section 10 of the Act to Prevent Pollution from Ships is 33^usc^i9oT 
amended— 
(1) in subsection (a), by striking "Inter-Governmental Mari-
time Consultative Organization" and inserting "International 
Maritime Organization"; and 
(2) in subsection (b), by striking "Annex I or II, appendices to 
the Annexes, or Protocol I of the MARPOL Protocol," and 
inserting "Annex I, II, or V to the Convention, appendices to 
those Annexes, or Protocol I of the Convention", and by striking 
"Inter-Governmental Maritime Consultative Organization" and 
inserting "International Maritime Organization". 
101 STAT. 1464 
PUBLIC LAW 100-220—DEC. 29, 1987 
SEC. 2107. ADMINISTRATION AND ENFORCEMENT; REFUSE RECORD 
BOOKS; WASTE MANAGEMENT PLANS; NOTIFICATION OF 
CREW AND PASSENGERS. 
(a) ADMINISTRATION AND ENFORCEMENT, GENERALLY.—Section 4(a) 
33 use 1903. 
of the Act to prevent pollution from ships is amended to read as 
follows: 
"(a) Unless otherwise specified in this Act, the Secretary shall 
administer and enforce the MARPOL Protocol and this Act. In the 
administration and enforcement of the MARPOL Protocol and this 
Act, Annexes I and II of the Convention apply only to seagoing 
ships.". 
(b) REFUSE RECORD BOOKS; WASTE MANAGEMENT PLANS; NOTIFICA-
TION OF CREW AND PASSENGERS.—Section 4(b) of the Act to Prevent 
Pollution from Ships is amended by— 
(1) inserting "(1)" after "(b)"; and 
(2) adding at the end the following: 
"(2) The Secretary of the department in which the CoEist Guard is 
operating shall— 
Regulations. 
"(A) within 1 year after the effective date of this paragraph, 
prescribe regulations which— 
"(i) require certain ships described in section 3(aXl) to 
maintain refuse record books and shipboard management 
plans, and to display placards which notify the crew and 
passengers of the requirements of Annex V to the Conven-
or 
tion; and 
"(ii) specify the ships described in section 3(aXl) to which 
the regulations apply; 
"(B) seek an international eigreement or international gigree-
ments which apply requirements equivalent to those described 
in subparagraph (AXi) to all vessels subject to Annex V to the 
Convention; and 
"(C) within 2 years after the effective date of this paragraph, 
report to the Congress— 
"(i) regarding activities of the Secretary under subpara-
graph (B); and 
"(ii) if the Secretary has not obtained agreements pursu-
ant to subparagraph (B) regarding the desirability of apply-
ing the requirements described in subparagraph (AXi) to £dl 
vessels described in section 3(a) which call at United States 
ports.". 
SEC. 2108. COMPLIANCE WITH INTERNATIONAL LAW. 
The Act to Prevent Pollution from Ships is amended by adding at 
the end the following: 
33 use 1912. 
"SEC. 17. Any action taken under this Act shall be taken in 
accordance with international law.". 
International 
agreements. 
Reports. 
Subtitle B—Studies and Report 
33 u s e 1902 
note. 
SEC. 2201. COMPLIANCE REPORTS. 
(a) IN GENERAL.—Within 1 year after the effective date of this 
section, and biennially thereafter for a period of 6 years, the Sec-
retary of the department in which the Coast Guard is operating, in 
consultation with the Secretary of Agriculture and the Secretary of 
Commerce, shall report to the Congress regarding compliance with 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1465 
42 use 6981 
note. 
Annex V to the International Convention for the Prevention of 
Pollution from Ships, 1973, in United States waters. 
(b) REPORT ON INABILITY TO COMPLY.—Within 3 years after the Contracts. 
effective date of this section, the head of each Federal agency that 
operates or contracts for the operation of any ship referred to in 
section 3(bXlXA) of the Act to Prevent Pollution from Ships that 
may not be able to comply with the requirements of that section 
shall report to the Congress describing— 
(1) the technical and operational impediments to achieving 
that compliance; 
(2) an alternative schedule for achieving that compliance as 
rapidly as is technologically feasible; 
(3) the ships operated or contracted for operation by the 
agency for which full compliance with section 3(bX2XA) is not 
technologically feasible; and 
(4) any other information which the agency head considers 
relevant and appropriate. 
(c) CONGRESSIONAL ACTION.—Upon receipt of the compliance 
report under subsection (b), the Congress shall modify the applicabil-
ity of Annex V to ships referred to in section 3(bXlXA) of the Act to 
Prevent Pollution from Ships, as may be appropriate with respect to 
the requirements of Annex V to the Convention. 
SEC. 2202. EPA STUDY OF METHODS TO REDUCE PLASTIC POLLUTION. 
(a) IN GENERAL.—The Administrator of the Environmental Protec-
tion Agency, in consultation with the Secretary of Commerce, shall 
commence a study of the adverse effects of the improper disposal of 
plastic articles on the environment and on wEiste disposal, and the 
various methods to reduce or eliminate such adverse effects. 
(b) SCOPE OF STUDY.—A study under this section shall include the Wildlife. 
following: 
(1) A list of improper disposal practices and associated specific 
plsistic articles that occur in the environment with sufficient 
frequency to cause death or injury to fish or wildlife, affect 
adversely the habitat of fish or wildlife, contribute significantly 
to aesthetic degradation or economic losses in coastal EUid water-
front areas, endanger human health or safety, or cause other 
significant adverse impacts. 
gtixiaii 
(2) A description of specific statutory and regulatory authority 
available to the Administrator of the Environmental Protection 
Agency, and the steps being taken by the Administrator, to 
reduce the amount of plastic materials that enter the marine 
and aquatic environment. 
(3) An evaluation of the feasibility and desirability of sub-
stitutes for those articles identified under paragraph (1), 
comparing the environmental and health risks, costs, disposabil-
ity, durability, and availability of such substitutes. 
(4) An evaluation of the impacts of plastics on the solid waste 
stream relative to other solid wastes, and methods to reduce 
those impacts, including recycling. 
(5) An evaluation of the impact of plastics on the solid waste 
stream relative to other solid wastes, and methods to reduce 
those impacts, including— 
(A) the status of a need for public and private research to 
develop and market recycled plastic articles; 
(B) methods to facilitate the recycling of plastic materials 
by identifying types of plastic articles to aid in their sorting. 
101 STAT. 1466 
PUBLIC LAW 100-220—DEC. 29, 1987 
and by standardizing types of plastic materials, taking into 
account trade secrets and protection of public health; 
-: r 
(C) incentives, including deposits on plastic containers, to 
increase the supply of plastic material for recycling and to 
decrease the amount of plastic debris, especially in the 
marine environment; 
(D) the effect of existing tax laws on the manufacture and 
distribution of virgin plastic materials as compared with 
recycled plastic materials; and 
(E) recommendations on incentives and other measures 
to promote new uses for recycled plastic articles and to 
encours^e or require manufacturers of plastic articles 
to consider re-use and recycling in product design. 
(6) An evaluation of the feasibility of making the articles 
identified under paragraph (1) from degradable plastics mate-
rials, taking into account— 
(A) the risk to humsui health and the environment that 
may be presented by fragments of degradable plastic arti-
cles and the properties of the end-products of the degrada-
tion, including biotoxicity, bioaccumulation, persistence, 
and environmental fate; 
(B) the efficiency and variability of degradation due to 
differing environmental and biological conditions; and 
(C) the cost and benefits of using degradable articles, 
including the duration for which such articles were de-
signed to remain intact. 
(c) CONSULTATION.—In carr5dng out the study required by this 
section, the Administrator shall consult with the heads of other 
appropriate Federal agencies, representatives of affected industries, 
consumer and environment interest groups, and the public. 
(d) REPORT.—Within 18 months after the date of the enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall report to the Congress the results of the study required by this 
section, including recommendations in connection therewith. 
SEC. 2203. EFFECTS 
OF 
PLASTIC 
MATERIALS 
ON 
THE 
MARINE 
ENVIRONMENT. 
Reports. 
Not later than September 30, 1988, the Secretary of Commerce 
shall submit to the Congress a report on the effects of plastic 
materials on the marine environment. The report shall— 
(1) identify and quantify the harmful effects of plastic mate-
rials on the marine environment; 
(2) assess the specific effects of plastic materials on living 
marine resources in the marine environment; 
(3) identify the types and classes of plastic materials that pose 
the greatest potential hazard to living marine resources; 
(4) Emalyze, in consultation with the Director of the National 
Bureau of Standards, plastic materials which are claimed to be 
capable of reduction to environmentally benign submits under 
the action of normal environmental forces (including biological 
decomposition, photodegradation, and hydrolysis); and 
(5) recommend legislation which is necessary to prohibit, tax, 
or regulate sources of plastic materials that enter the marine 
environment. 
42 u s e 6981 
SEC. 2204. PLASTIC POLLUTION PUBLIC EDUCATION PROGRAM. 
(a) OUTREACH PROGRAM.— 
Kimm jy *»r, ^ ^ 
i i v s 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1467 
(1) IN GENERAL.—Not later than April 1, 1988, the Adminis-
trator of the National Oceanic and Atmospheric Administration 
and the Administrator of the Environmental 
Protection 
Agency, in consultation with the Secretary of Transportation, 
shall jointly commence and thereafter conduct for a period of at 
least 3 years, a public outreach program to educate the public 
(including recreational boaters, fishermen, and other users of 
the marine environment) regarding— 
(A) the harmful effects of plastic pollution; 
(B) the need to reduce such pollution; 
(C) the need to recycle plastic materials; and 
(D) the need to reduce the quantity of plastic debris in the 
marine environment. 
(2) AUTHORIZED ACTIVITIES.—A public outreach program under 
paragraph (1) may include— 
(A) workshops with interested groups; 
(B) public service announcements; 
(C) distribution of leaflets and posters; and 
(D) any other means appropriate to educating the public. 
(b) CITIZEN POLLUTION PATROLS.—The Secretary of Commerce, 
along with the Administrator of the Environmental Protection 
Agency and the Secretary of the Department in which the Coast 
Guard is operating, shall conduct a program to encourage the 
formation of volunteer groups, to be designated as "Citizen Pollution 
Patrols", to assist in monitoring, reporting, cleanup, and prevention 
of ocean and shoreline pollution. 
Subtitle C—New York Bight 
SEC. 2301. NEW YORK BIGHT RESTORATION PLAN. 
(a) IN GENERAL.—Within 3 years after the effective date of this 
section, the Administrator, in consultation with the Administrator 
of the National Oceanic and Atmospheric Administration and other 
Federal, State, and interstate agencies, shall prepare a New York 
Bight Restoration Plan. In preparing such plan, the Administrator 
shall seek the views and comments of interested persons and hold 
public hearings in States to be affected by the plan. The first such 
public hearing shall occur not later than 8 months after the effec-
tive date of this section. 
(b) SCOPE OF PLAN.—The New York Bight Restoration Plan pre-
pared under subsection (a) shall, at a minimum— 
(1) identify and assess the impact of pollutant inputs, such as 
treated and untreated sewage discharge, industrial outfalls, 
agricultural and urban runoff^ storm sewer overflow, upstream 
contaminant sources, atmospheric fallout, and dumping, that 
are affecting the water quality and marine resources of the New 
York Bight; 
(2) identify those uses in the New York Bight and other areas 
that are being adversely affected by such pollutant inputs; 
(3) determine the fate of the contaminants from such pollut-
ant inputs and their effect on human health and the marine 
environment; 
(4) identify technologies and management practices necessary 
for controlling such pollutant inputs; 
(5) identify the costs of implementing such technologies and 
practices and any impediments to such implementation; 
Voluntarism. 
33 u s e 2267 
note. 
State and local 
governments. 
101 STAT. 1468 
PUBLIC LAW 100-220—DEC. 29, 1987 
State and local 
governments. 
Reports. 
(6) devise a schedule of economically feasible projects to im-
plement such technologies and practices and to remove such 
impediments; 
(7) develop recommendations for funding and coordinating the 
various Federal, State, and local government programs nec-
essary to implement the projects referred to in paragraph (6); 
and 
(8) comprehensively assess alternatives to dumping of munici-
pal sludge and the burning of timber in the New York Bight. 
SEC. 2302. NEW YORK BIGHT PLASTIC STUDY. 
The Administrator ^hall conduct a study of problems gissociated 
with plastic debris in the New York Bight, with specific attention to 
the effect of such debris on beaches, marine life, the environment, 
and coastal waters, and shall report to the Congress within 6 months 
after the effective date of this section with recommendations for the 
elimination of the threats posed by such plastic debris. 
SEC. 2303. REPORTS. 
(a) 
SCHEDULE FOR 
PRELIMINARY 
REPORTS AND RESTORATION 
PLAN.—Not later than 6 months after the effective date of this 
section, the Administrator shall submit to the Congress a detailed 
schedule (including associated funding requirements) for completing 
preliminary reports and the New York Bight Restoration Plan 
under this subtitle. 
(b) PREUMINARY REPORT ON ALTERNATIVES.—Not later than the 
earlier of January 1, 1990, or the date of any decision by the 
Administrator affecting the redesignation of the 106-mile Ocean 
Waste Dump site for municipal sludge or the designation of any 
additional municipal sludge dump site, the Administrator shall 
submit to the Congress a preliminary report assessing alternatives 
to the ocean dumping of municipal sludge. 
(c) PREUMINARY REPORT ON POLLUTANT INPUTS.—Not later than 1 
year after the effective date of this section, the Administrator shall 
submit to the Congress a preliminary report on the examinations 
required under section 2301(bXl), (bX2), and (bX3). 
(d) PRELIMINARY REPORT ON CONTROL MEASURES.—Not later than 
2 years after the effective date of this section, the Administrator 
shall submit to the Congress a preliminary report on the examina-
tions required under section 23010t)X4), (bX5), (bX6), and (bX7). 
(e) SUBMISSION OF RESTORATION PLAN TO CONGRESS.—Not later 
than 3 years after the effective date of this section, the Adminis-
trator shall submit to the Congress the New York Bight Restoration 
Plan prepared under section 2301. 
SEC. 2304. DEFINITIONS. 
For purposes of this subtitle— 
(1) NEW Y
O
R
K BIGHT.—The term "New York Bight" means an 
area comprised of the Hudson-Raritan Estuary and waters of 
the Atlantic Ocean— 
(A) west of Montauk, Long Island, New York (71 degrees, 
50 minutes west longitude); 
(B) north of Cape May, New Jersey; and 
V-, 
(C) extending seaward to the edge of the Continental 
Shelf. 
Ijfi 
(2) ADMINISTRATOR.—The term "Administrator" means the 
Administrator of the Environmental Protection Agency. 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1469 
SEC. 230.5. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Administrator not 
more than $3,000,000 for carrying out this subtitle during fiscal 
years 1988, 1989, and 1990. 
TITLE III—MARINE SCIENCE, TECHNOL-
OGY, AND POLICY DEVELOPMENT 
SEC. 3001. SHORT TITLE. 
This title may be cited as the "Marine Science, Technology, and 
Policy Development Act of 1987". 
Subtitle A—National Sea Grant College 
Program Authorization 
SEC. 3101. SHORT TITLE. 
This subtitle may be cited as the "National Sea Grant College 
Program Authorization Act of 1987". 
SEC. 3102. REFERENCE TO THE NATIONAL SEA GRANT COLLEGE PRO-
GRAM ACT. 
Unless otherwise provided, whenever in this subtitle an amend-
ment or repeal is expressed in terms of an amendment to, or repeal 
of, a title, section, subsection, or other provision, the reference shall 
be considered to be made to a title, section, subsection, or other 
provision of the National Sea Grant College Program Act (33 U.S.C. 
1121 et seq.). 
SEC. 3103. DECLARATION OF POLICY. 
Section 202 (33 U.S.C. 1121) is amended as follows: 
(1) Subsection (a) is amended— 
(A) by redesignating paragraphs (1), (2), and (3) as para-
graphs (4), (5), and (6), respectively; and 
(B) by inserting before paragraph (4) (as redesignated) the 
following: 
"(1) The national interest requires a strategy to— 
"(A) provide for the understanding and wise use of ocean, 
coastal, and Great Lakes resources and the environment; 
"(B) foster economic competitiveness; 
"(C) promote public stewardship and wise economic devel-
opment of the coastal ocean and its margins, the Great 
Lakes, and the exclusive economic zone; 
"(D) understand global environmental processes; and 
"(E) promote domestic and international cooperative solu-
tions to ocean, coastal, and Great Lakes issues. 
"(2) Investment in a strong program of research, education, 
training, technology transfer, and public service is essential for 
this strategy. 
"(3) The expanding use and development of ocean, coeistal, 
and Great Lakes resources resulting from growing coastal area 
populations and the increasing pressures on the coastal and 
Great Lakes environment challenge the ability of the United 
States to manage such resources wisely.". 
Marine Science, 
Technology, and 
Policy 
Development 
Act of 1987. 
33 u s e 1121 
note. 
National Sea 
Grant College 
Program 
Authorization 
Act of 1987. 
33 u s e 1121 
note. 
Education. 
Research and 
development. 
101 STAT. 1470 
PUBLIC LAW 100-220—DEC. 29, 1987 
(2) Subsection (b) is amended by striking "ocean and coastal 
resources" and all that follows through the end of such subsec-
tion and inserting in lieu thereof the following: "ocean, coastal, 
and Great Lakes resources by providing assistance to promote a 
strong educational base, responsive research and training 
activities, broad and prompt dissemination of knowledge and 
techniques, and multidisciplinary approaches to environmental 
problems.". 
SEC. 3104. DEFINITIONS. 
(a) IN GENERAL.—Section 203 (33 U.S.C. 1122) is amended— 
(1) by striking paragraph (2); 
(2) by renumbering paragraph (3) as paragraph (2) and insert-
ing immediately thereafter the following: 
"(3) the term 'director of a sea grant college' means a person 
designated by their university or institution to direct a sea 
grant college, programs, or regional consortium."; 
(3) by striking paragraphs (6) and (7) and inserting in lieu 
thereof the following: 
"(6) The term 'ocean, coastal, and Great Lakes resources' 
means the resources that are located in, derived from, or trace-
able to, the seabed, subsoil, and waters of— 
"(A) the coastal zone, as defined in section 304(1) of the 
Coastal Zone Management Act (16 U.S.C. 1453(1)); 
"(B) the Great Lakes; 
"(C) the territorial sea; 
"(D) the exclusive economic zone; 
"(E) the Outer Continental Shelf; and 
"(F) the high seas. 
"(7) The term 'resource' means— 
"(A) living resources (including natural and cultured 
plant life, fish, shellfish, marine mammals, and wildlife); 
"(B) nonliving resources (including energy sources, min-
erals, and chemical substances); 
"(C) the habitat of a living resource, the cosistal space, the 
ecosystems, the nutrient-rich areas, and the other compo-
nents of the marine environment that contribute to or 
provide (or which are capable of contributing to or provid-
ing) recreational, scenic, esthetic, biological, habitational, 
commercial, economic, or conservation values; and 
"(D) man-made, tangible, intangible, actual, or potential 
resources."; and 
(4) by adding at the end the following: 
"(15) The term 'Under Secretary' means the Under Secretary 
of Commerce for Oceans and Atmosphere.". 
(b) 
CONFORMING 
AMENDMENTS 
RELATING 
TO 
GREAT 
LAKES 
RESOURCES.— 
(1) Each of the following provisions of the National Sea Grant 
(DoUege Program Act are amended by striking "ocean and 
coastal resources" each place it appears and inserting in lieu 
thereof "ocean, coastal, and Great Lakes resources": 
33 use 1121. 
(A) Paragraphs (4) and (5) of section 202(a) (as redesig-
nated by section 3103(1XA) of this subtitle). 
(B) Section 202(c). 
(C) Paragraphs (4) and (11) of section 203. 
33 use 1123. 
(D) Sections (b)(lXA) and (dX3) of section 204. 
33 use 1126. 
(E) Paragraphs (2XA) and (3) (A) and (B) of section 207(a). 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1471 
(F) Paragraph (1) of section 209(c). 
33 USC 1128. 
(G) Section 210. 
33 use 1129. 
(2) Paragraph (5) of section 204(c) is amended by striking 
33 USC 1123. 
"ocean and coastal resource" and inserting in lieu thereof 
"ocean, coastal, and Great Lakes resources". 
(c) CONFORMING AMENDMENTS RELATING TO UNDER SECRETARY OF 
COMMERCE 
FOR OCEANS 
AND ATMOSPHERE.—Section 204(c) is 
amended by striking "Administrator" each place it appears and 
inserting in lieu thereof "Under Secretary". 
SEC. 3105. CONTRACTS AND GRANTS. 
(a) MINIMIZATION OF PRIOR APPROVAL REQUIREMENTS.—Section 
205 (33 U.S.C. 1124) is amended by adding at the end of subsection 
(dXD the following: "Terms, conditions, and requirements imposed 
by the Secretary under this paragraph shall minimize any require-
ment of prior Federal approval.". 
(h) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.— 
Section 204(dX6) is amended by striking "under section 205(a)". 
SEC. 3106. SEA GRANT STRATEGIC RESEARCH PROGRAM. 
(a) IN GENERAL.—Section 206 (33 U.S.C. 1125) is amended to read 
as follows: 
"SEC. 206. STRATEGIC MARINE RESEARCH PROGRAM. 
"(a) GRANT AND CONTRACT AUTHORITY.—The Under Secretary 
may make grants and enter into contracts to carry out the strategic 
research program provided for under this section. A grant or con-
tract may cover up to 100 percent of the cost of the research for 
which the grant or contract is made or awarded. 
"
O
t
>
) STRATEGIC RESEARCH PLAN.—Within 1 year after the effective 
Federal 
date of the Marine Science, Technology, and Policy Development 
Register, 
Act of 1987, and every 3 years after that date, the Under Secretary 
publication. 
shall develop and publish in the Federal Register, a sea grant 
strategic research plan for the next 3 years. The plan shall— 
"(1) identify and describe a limited number of priority aresis 
for strategic research in fields associated with ocean, coastal, 
and Great Lakes resources; and 
"(2) indicate the goals and timetables for the research in those 
fields. 
"(c) CONSULTATION AND CONGRESSIONAL REVIEW.— 
"(1) (CONSULTATION.—In developing each sea grant strategic 
research plan, the Under Secretary shall consult with relevant 
Federal agencies; sea grant directors; other representatives of 
sea grant colleges, sea grant programs, and sea grant regional 
consortia; non-governmental marine scientists; and other in-
terested parties, both public and private. 
"(2) SUBMITTAL TO CONGRESS.—Upon publication of each sea 
grant strategic research plan under subsection (b), the Under 
Secretary shall submit the plan to the Committee on Commerce, 
Science, and Transportation of the Senate and the Commit-
tee on Merchant Marine and Fisheries of the House of 
Representatives. 
"(3) RESTRICTION ON GRANTS AND CONTRACTS.—The Under 
Secretary shall not make a grant or enter into a contract under 
this section for priority area research under a strategic research 
plan before the 45th day after the date of receipt of the plan by 
the Committees referred to in paragraph (2). 
note. 
101 STAT. 1472 
PUBLIC LAW 100-220—DEC. 29, 1987 
"(d) CRITERIA FOR AREAS TO BE INCLUDED IN PLAN.—In selecting 
priority arecis for inclusion in the sea grant strategic research plan, 
the Under Secretary shall concentrate on— 
"(1) critical resource and environmental areas that are pre-
cluded from adequate funding under other provisions of this Act 
because of^ 
"(A) their national, international, or global scope, fun-
damental nature, or long-range aspects; 
"(B) the scale of the needed research effort; or 
"(C) the need for the broadest possible university involve-
ment; and 
"(2) areas where the strength and capabilities of the sea grant 
colleges, sea grant programs, and sea grant regional consortia in 
mobilizing talent for sustained programmatic research and 
technology transfer make them particularly qualified to 
manage strategic marine research under this section. 
"(e) CONTRACT AND GRANT REQUIREMENTS.—Subsections (c) and (d) 
of section 205 apply to applications for grants or contracts, and to 
grants made and contracts entered into, under this section. 
State and local 
(b) REGULATIONS.—Within 1 year after the effective date of this 
governments. 
title, the Under Secretary of Commerce for Oceans and Atmosphere 
nntY 
^^^^ 
shall adopt rules and regulations in accordance with section 553 of 
title 5, United States Code, to carry out section 206(a), after giving 
notice and opportunity for full participation by relevant Feder^ 
agencies; State agencies; local governments; regional organizations; 
nongovernmental marine scientists; sea grant directors and other 
representatives of sea grant colleges, programs, and regional consor-
tia; and other interested parties, both public and private. 
SEC. 3107. FELLOWSHIPS. 
Section 208 (33 U.S.C. 1127) is amended to read as follows: 
"SEC. 208. FELLOWSHIPS. 
"(a) IN GENERAL.—To carry out the educational and training 
objectives of this Act, the Under Secretary shall support a program 
of fellowships for qualified individuals at the graduate and post-
graduate level. The fellowships shall be related to ocean, coastal, 
and Great Lakes resources and awarded pursuant to guidelines 
established by the Under Secretary. 
"0?) DEAN JOHN A. KNAUSS MARINE POUCY FELLOWSHIP.—The 
Under Secretary may award marine policy fellowships to support 
the placement of individuals at the graduate level of education in 
fields related to ocean, coastal and Great Lakes resources in posi-
tions with the executive and legislative branches of the United 
States Government. A fellowship awarded under this subsection 
shall be for a period of not more than 1 year. 
"(c) POSTDOCTORAL FELLOWSHIPS.—The Under Secretary shall 
establish and administer a program of postdoctoral fellowships to 
accelerate research in critical subject areas. The 
fellowship 
awards— 
"(1) shall be for 2 years; 
"(2) may be renewed once for not more than 2 years; 
"(3) shall be awarded on a nationally competitive basis; 
"(4) may be used at any institution of post-secondary edu-
cation involved in the national sea grant college program; 
"(5) shall be for up to 100 percent of the total cost of the 
fellowship; 
, ,^ „ ,^,.,,,,,,, ,^...,,.. ... ...... 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1473 
"(6) may be made for any of the priority areas of research 
identified in the sea grant strategic research plan in effect 
under section 206; and 
"(7) may be made to recipients of terminal professional de-
grees, as well as doctoral degree recipients.". 
SP]C. 3108. SEA GRANT REVIEW PANEL. 
Section 209 (33 U.S.C. 1128) is amended as follows: 
(1) Subsection (b) is amended— 
(A) by striking the matter preceding paragraph (1) and 
inserting "The Panel shall advise the Secretary, the Under 
Secretary, and the Director concerning—"; and 
(B) by inserting "and section 3 of the Sea Grant Program 
Improvement Act of 1976" before the semicolon at the end 
of subsection Ob)(l). 
(2) Subsection (c) is amended— 
(A) by striking the second sentence of paragraph (1) and 
inserting in lieu thereof the following: "The Director and a 
director of a sea grant program who is elected by the 
various directors of sea grant programs shall serve as 
nonvoting members of the panel."; 
(B) by striking "five" in paragraph (1) and inserting in 
lieu thereof "8"; 
(C) by adding at the end of paragraph (2) the following: 
Federal 
"At least once each year, the Secretary shall publish a Registef".' 
notice in the Federal Register soliciting nominations for 
Publication. 
membership on the panel."; and 
(D) by striking "office, or until 90 days after such date, 
whichever is earlier." in paragraph (3) and inserting in lieu 
thereof "office.". 
SEC. 3109. MARINE AFFAIRS AND RESOURCE MANAGEMENT IMPROVE-
MENT GRANTS. 
Section 211 (33 U.S.C. 1130) is amended to read as follows: 
"SEC. 211. MARINE AFFAIRS AND RESOURCE MANAGEMENT IMPROVE-
MENT GRANTS. 
"(a) IN GENERAL.—The Under Secretary may provide annual 
grants during fiscal years 1988 through 1990 to institutions eligible 
under subsection (b) to assist the institutions in achieving the 
following objectives: 
"(1) Development and improvement of curriculum offerings in 
marine affairs and resource management at the graduate level, 
and development of related educational materials. 
"(2) Fostering support of graduate students, through scholar-
ships and teaching and research fellowships, in marine affairs 
and resource management. 
"(3) Increasing multidisciplinary research in marine re-
sources management. 
"(b) EuGiBiUTY.—An institution is eligible for grants under this 
section if it is a sea grant college, sea grant regional consortium, or 
institution of higher education having a sea grant program that— 
"(1) maintains a graduate program in, or institute or center 
for, marine affairs and resource management; 
^ -
"(2) has prepared a development plan to improve and 
strengthen that program, institute, or center; and 
101 STAT. 1474 
PUBLIC LAW 100-220—DEC. 29, 1987 
"(3) has demonstrated, to the extent consistent with State 
law, its intention to support such improved and strengthened 
education and training after financial assistance under this 
section has ceased. 
"(c) APPLICATIONS.—Applications for grants under this section 
shall be made in such manner as the Under Secretary shall require. 
"(d) LIMITATIONS ON GRANTS.—No grant in excess of $400,000 may 
be made to an eligible institution under this section for any year, 
and no more than 2 annual grants may be made to any such 
institution. 
"(e) REPORT BY GRANT RECIPIENT.—Each institution receiving a 
grant under this subsection shall report to the Under Secretary, in 
such manner as the Under Secretary may require annually, and 
within 90 days following the termination of the grant, regarding the 
activities conducted with the grant.". 
SEC. 3110. AUTHORIZATION OF APPROPRIATIONS. 
Section 212 (33 U.S.C. 1131) is amended to read as follows: 
"SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—There is authorized to be appropriated to carry 
out the provisions of this Act other than sections 206 and 211, an 
amount— 
"(1) for fiscal year 1988, not to exceed $41,500,000; 
"(2) for fiscal year 1989, not to exceed $50,500,000; and 
"(3) for fiscal year 1990, not to exceed $51,000,000. 
"(b) STRATEGIC MARINE RESEARCH.—There is authorized to be 
appropriated to carry out section 206 and section 208(c), an 
amount— 
"(1) for fiscal year 1988, not to exceed $500,000; 
"(2) for fiscal year 1989, not to exceed $5,000,000; and 
"(3) for fiscal year 1990, not to exceed $10,000,000. 
"(c) 
MARINE AFFAIRS AND RESOURCE MANAGEMENT GRANTS.— 
There is authorized to be appropriated to carry out section 211, an 
amount— 
"(1) for fiscal year 1988, not to exceed $2,000,000; 
"(2) for fiscal year 1989, not to exceed $2,500,000; and 
"(3) for fiscal year 1990, not to exceed $3,000,000. 
"(d) AVAILABILITY OF SUMS.—Sums appropriated pursuant to this 
section shall remain available until expended. 
"(e) REVERSION OF UNOBLIGATED AMOUNTS.—The amount of any 
grant, or portion of a grant, made to a person under any section of 
this Act that is not obligated by that person during the first fiscal 
year for which it was authorized to be obligated or during the next 
fiscal year thereafter shall revert to the Secretary. The Secretary 
shall add that reverted amount to the funds available for grants 
under the section for which the reverted amount was originally 
made available.". 
SEC. 3111. SEA GRANT INTERNATIONAL PROGRAM. 
Section 3 of the Sea Grant Program Improvement Act of 1976 (33 
U.S.C. 1124a) is amended to read as follows: 
"SEC. 3. SEA GRANT INTERNATIONAL PROGRAM. 
Contracts. 
"(a) IN GENERAL.—The Under Secretary of Commerce for Oceans 
and Atmosphere may enter into contracts and make grants under 
this section to— 
- 
---^--,— ^ . ^ — . 
. , 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1475 
"(1) enhance cooperative international research and edu-
cational activities on ocean, coastal and Great Lakes resources; 
"(2) promote shared marine activities with universities in 
countries with which the United States has sustained mutusd 
interest in ocean, coastal, and Great Lakes resources; 
"(3) encourage technology transfer that enhances wise use of 
ocean, coastal, and Great Lakes resources in other countries and 
in the United States; 
"(4) promote the exchange among the United States and 
foreign nations of information and data with respect to the 
assessment, development, utilization, and conservation of such 
resources; 
"(5) use the national sea grant college program as a resource 
in other Federal civilian agency internationed initiatives whose 
purposes are fundamentally related to research, education, 
technology transfer and public service programs concerning the 
understanding and wise use of ocean, coastal, and Great Lakes 
resources; and 
"(6) enhance regional collaboration between foreign nations 
and the United States with respect to marine scientific re-
search, including activities which improve understanding of 
global oceanic and atmospheric processes, undersea minerals 
resources within the exclusive economic zone, and productivity 
and enhancement of living marine resources in— 
"(A) the Caribbean and Latin American regions; 
"(B) the Pacific Islands region; 
"(C) the Arctic and Antarctic regions; 
"(D) the Atlantic and Pacific Oceans; and 
"(E) the Great Lakes. 
"(b) EuGiBiLTTY, PROCEDURES, AND REQUIREMENTS.—Any sea grant 
college, sea grant program, or sea grant regional consortium, and 
any institution of higher education, laboratory, or institute (if the 
institution, laboratory, or institute is located within a State, as 
defined in section 203(14) of the National Sea Grant College Pro-
gram Act (33 U.S.C. 1122(14)), may apply for and receive financial 
assistance under this section. The Under Secretary shall prescribe 
rules and regulations, in consultation with the Secretary of State, to 
carry out this section. Before approving an application for a grant or 
contract under this section, the Under Secretary shall consult with 
the Secretary of State. A grant made, or contract entered into, 
under this section is subject to section 205(d) (2) and (4) of the 
National Sea Grant College Program Act (33 U.S.C. 1124(d) (2) and 
(4)) and to any other requirements that the Under Secretary con-
siders necessary and appropriate.". 
Caribbean. 
Latin America. 
Pacific Islands. 
Arctic. 
Antarctic. 
Atlantic Ocean. 
Pacific Ocean. 
Great Lakes. 
Contracts. 
Subtitle B—Great Lakes Mapping 
SEC. 3201. SHORT TITLE. 
This subtitle may be cited as the "Great Lakes Shoreline Mapping 
Act of 1987". 
SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN. 
(a) PREPARATION OF PLAN.—Not later than nine months after the 
date of the enactment of this subtitle, the Director, in consultation 
with the Director of the United States Geological Survey, shall 
Great Lakes 
Shoreline 
Mapping Act of 
1987. 
33 u s e 883a 
note. 
33 u s e 883a 
note. 
101 STAT. 1476 
PUBLIC LAW 100-220—DEC. 29, 1987 
33 u s e 883a 
note. 
Canada. 
State and local 
governments. 
State listing. 
Public 
information. 
State and local 
governments. 
Canada. 
submit to the Congress a plan for preparing maps of the shoreline of 
the Great Lakes under section 3203. 
(b) CONTENT OF PLAN.—A plan prepared under paragraph (1) shall 
include— 
(Da work proposal and a division of responsibilities between 
the National Oceanic and Atmospheric Administration and the 
United States Geological Survey; 
(2) a time schedule for completion of maps; 
(3) recommendation of funding needed for preparing the 
maps; and 
(4) an area mapping schedule, with first priority given to 
shoreline areas subject to a high risk of erosion or flooding. 
SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS. 
(a) IN GENERAL.—The following completion of a shoreline mapping 
plan under section 3202 and subject to authorization and appropria-
tion of funds, the Director, in consultation with the Director of the 
United States Geological Survey, shall prepare maps of the shore-
line areas of the Great Lakes. 
Ot)) CONTENT OF MAPS.—Maps prepared under this section— 
(1) shall include— 
(A) bathymetry of the nearshore area, to the extent that 
this area will affect coastal erosion and flooding; 
(B) topography of the adjacent shoreline, to the extent 
that this area will directly affect or be affected by cosistal 
erosion and flooding; 
(C) the geological conditions of the nearshore area and 
shoreline to the extent that these areas will directly affect 
or be affected by coeistal erosion and flooding; 
(D) information on the recent geological past of the near-
shore area and shoreline areas described in paragraph (3); 
and 
(E) appropriate information for use in predicting and 
preventing damage caused by erosion and flooding in the 
Great Lakes; 
(2) shall be of appropriate scale and detail and take into 
account the greater informational needs of areas subject to a 
high risk of erosion or flooding; and 
(3) to the maximum extent practicable, shall be consistent 
with similar shoreline maps prepared by, or for the use of, 
the Government of Canada. 
(c) CONSULTATION.—In preparing maps under this section, the 
Director shall consult with, and take into consideration, the 
informational needs of— 
(1) the Army Corps of Engineers; 
(2) the Federal Emergency Management Agency; 
(3) other appropriate Federal agencies; 
(4) the States of Illinois, Indiana, Michigan, Minnesota, New 
York, Ohio, Pennsylvania, and Wisconsin; 
(5) appropriate local government units; and 
(6) the general public. 
(d) AVAILABILITY OF MAPS.—The Director shall make maps pre-
pared under this section available to— 
,^,, 
(1) Federal agencies; 
(2) State governments; 
(3) local government units; 
(4) the Government of Canada; and 
\o ,.. .-•,.• 
J. 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1477 
(5) the general public. 
(e) RECOVERY OF COSTS.—The costs of reproducing and distributing 
maps prepared under this section may be recovered under section 
9701 of title 31, United States Code, or another law. 
SEC. 3204. CONTRACT AUTHORITY. 
The Director may, subject to appropriations, enter into contracts 
and agreements on a reimbursable or cost-sharing basis with other 
Federal agencies. State governments, local governments, and pri-
vate entities, to carry out this subtitle. 
SEC. 3205. DEFINITIONS. 
For purposes of this subtitle— 
(1) The term "Director" means the Director of Charting and 
Geodetic Services of the National Ocean Service, within the 
National Oceanic and Atmospheric Administration. 
(2) The term "Great Lakes" means Lake Erie, Lake Huron, 
Lake Michigan, Lake Ontario, Lake St. Clair, Lake Superior, 
the Saint Mary's River, the Saint Clair River, the Detroit River, 
the Niagara River, the Saint Lawrence River to the Canadian 
border, to the extent such lakes and rivers are subject to the 
jurisdiction of the United States. 
(3) The term "high risk of erosion" means subject to erosion at 
a rate greater than 1 foot per year. 
SEC. 3206. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out section 3202 
not more than $100,000 for fiscal year 1988. Amounts appropriated 
pursucmt to this section shall remain available until expended. 
TITLE IV—DRIFTNET IMPACT MONITOR-
ING, ASSESSMENT, AND CONTROL 
SEC. 4001. SHORT TITLE. 
This title may be cited £is the "Driftnet Impact Monitoring, 
Assessment, and Control Act of 1987". 
SEC. 4002. FINDINGS. 
The Congress finds that— 
(1) the use of long plastic driftnets is a fishing technique that 
may result in the entanglement and death of enormous num-
bers of target and nontarget marine resources in the waters of 
the North Pacific Ocean, including the Bering Sea; 
(2) there is a pressing need for detailed and reliable informa-
tion on the number of marine resources that become entangled 
and die in actively fished driftnets and in driftnets that are lost, 
abandoned, or discarded; and 
(3) increased efforts are necessary to monitor, assess, and 
reduce the adverse impacts of driftnets. 
SEC. 4003. DEFINITIONS. 
As used in this title— 
(1) DRIFTNET.—The term "driftnet" means a gillnet composed 
of a panel of plsistic webbing one and one-half miles or more in 
length. 
State and local 
governments. 
33 u s e 883a 
note. 
33 u s e 883a 
note. 
33 u s e 883a 
note. 
Driftnet Impact 
Monitoring, 
Assessment, and 
Control Act of 
1987. 
North Pacific 
Ocean. 
16 u s e 1822 
note. 
101 STAT. 1478 
PUBLIC LAW 100-220—DEC. 29, 1987 
International 
agreements. 
Maritime affairs. 
(2) DRIFTNET FiSHiNG.~The term "driftnet fishing" means a 
fish-harvesting method in which a driftnet is placed in water 
and allowed to drift with the currents and winds for the purpose 
of entangling fish in the webbing. 
(3) EXCLUSIVE ECONOMIC ZONE OF THE UNITED STATES.—The 
term "exclusive economic zone of the United States" means the 
zone defined in section 3(6) of the Magnuson Fishery Conserva-
tion and Management Act (16 U.S.C. 1802(b)). 
(4) MARINE RESOURCES.—The term "marine resources" in-
cludes fish, shellfish, marine mammals, seabirds, and other 
forms of marine life or waterfowl. 
(5) MARINE RESOURCES OF THE UNITED STATES.—The term 
"marine resources of the United States" means— 
(A) marine resources found in, or which breed within, 
areas subject to the jurisdiction of the United States, 
including the exclusive economic zone of the United States; 
and 
(B) species of fish, wherever found, that spawn in the 
fresh or estuarine waters of the United States. 
(6) SECRETARY.—The term "Secretary" means the Secretary of 
Commerce. 
SEC. 4004. MONITORING AGREEMENTS. 
(a) NEGOTIATIONS.—The Secretary, through the Secretary of State 
and in consultation with the Secretary of the Interior, shall imme-
diately initiate, negotiations with each foreign government that 
conducts, or authorizes its nationals to conduct, driftnet fishing that 
results in the taking of marine resources of the United States in 
waters of the North Pacific Ocean outside of the exclusive economic 
zone and territorial sea of any nation, for the purpose of entering 
into Eigreements for statistically reliable cooperative monitoring and 
assessment of the numbers of marine resources of the United States 
killed and retrieved, discarded, or lost by the foreign government's 
driftnet fishing vessels. Such agreements shadl provide for— 
(1) the use of a sufficient number of vessels from which 
scientists of the United States and the foreign governments may 
observe and gather statistically reliable information; and 
(2) appropriate methods for sharing equally the costs associ-
ated with such activities. 
(b) REPORT.—The Secretary, in consultation with the Secretary of 
State, shall provide to the Congress not later than 1 year after the 
date of enactment of this Act a full report on the results of negotia-
tions under this section. 
SEC. 4005. IMPACT REPORT. 
(a) IN GENERAL.—The Secretary shall provide to the Congress 
within 1 year after the date of the enactment of this Act, and at 
such other times thereafter as the Secretary considers appropriate, 
a report identif3dng the nature, extent, and effects of driftnet fishing 
in waters of the North Pacific Ocean on marine resources of the 
United States. The report shall include the best available informa-
tion on— 
(1) the number and flag state of vessels involved; 
(2) the areas fished; 
(3) the length, width, and mesh size of driftnets used; 
(4) the number of marine resources of the United States killed 
by such 
fishing; 
,... _ ; _ 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1479 
(5) the effect of seabird mortality, as determined by the 
Secretary of the Interior, on seabird populations; and 
(6) any other information the Secretary considers appropriate. 
(b) INFORMATION FROM FOREIGN GOVERNMENTS.—The Secretary, 
through the Secretary of State, shall— 
(1) request relevant foreign governments to provide the 
information described in subsection (a), and 
(2) include in a report under this section the information so 
provided and an evaluation of the adequacy and reliability of 
such information. 
SEC. 4006. ENFORCEMENT AGREEMENTS. 
(a) NEGOTIATIONS.—The Secretary shall immediately initiate, 
through the Secretary of State and in consultation with the Sec-
retary of the Department in which the Coast Guard is operating 
negotiations with each foreign government that conducts, or au-
thorizes its nationals to conduct, driftnet fishing that results in the 
taking of marine resources of the United States in waters of the 
North Pacific Ocean outside of the exclusive economic zone and 
territorial sea of any nation, for the purpose of entering into agree-
ments for effective enforcement of laws, regulations, and agree-
ments applicable to the location, season, and other aspects of the 
operations of the foreign government's driftnet fishing vessels. Such 
agreements shall include measures for— 
(1) the effective monitoring and detection of violations; 
(2) the collection and presentation of such evidence of viola-
tions as may be necessary for the successful prosecution of such 
violations by the responsible authorities; 
(3) reporting to the United States of penalties imposed by the 
foreign governments for violations; and 
(4) appropriate methods for sharing equally the costs associ-
ated with such activities. 
(b) CERTIFICATION FOR PURPOSES OF FISHERMEN'S PROTECTIVE ACT 
OF 1967.—If the Secretary, in consultation with the Secretary of 
State, determines that a foreign government has failed, within 18 
months after the date of the enactment of this Act, to enter into and 
implement an agreement under subsection (a) or section 4004(a) that 
is adequate, the Secretary shall certify such fact to the President, 
which certification shall be deemed to be a certification for the 
purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1978(a)). 
SEC. 4007. EVALUATIONS AND RECOMMENDATIONS. 
(a) MARKING, REGISTRY, AND IDENTIFICATION SYSTEM.—The Sec-
retary shall evaluate, in consultation with officials of other Federal 
agencies and such other persons as may be appropriate, the feasibil-
ity of and develop recommendations for the establishment of a 
driftnet marking, registry, and identification system to provide a 
reliable method for the determination of the origin by vessel, of lost, 
discarded, or abandoned driftnets and fragments of driftnets. In 
conducting such evaluation, the Secretary shall consider the ade-
quacy of existing driftnet identification systems of foreign nations 
and the extent to which these systems achieve the objectives of this 
title. 
(b) ALTERNATIVE DRIFTNET MATERIALS.—The Secretary, in con-
sultation with such other persons as may be appropriate, shall 
evaluate the feasibility of, and develop appropriate recommenda-
Reports. 
International 
agreements. 
101 STAT. 1480 
PUBLIC LAW 100-220—DEC. 29, 1987 
tions for, the use of alternative materials in driftnets for the purpose 
of increasing the rate of decomposition of driftnets that are dis-
carded or lost at sea. 
(c) DRIFTNET BOUNTY SYSTEM.—The Secretary, in consultation 
with such other persons as may be appropriate, shall evaluate the 
feasibility of and develop appropriate recommendations for the 
implementation of a driftnet bounty system to pay persons who 
retrieve from the exclusive economic zone and deposit with the 
Secretary lost, abandoned, and discarded driftnet and other plastic 
fishing material. 
(d) DRIFTNET FISHING VESSEL TRACKING SYSTEM.—The Secretary, 
in consultation with such other persons as may be appropriate, shall 
evaluate the feasibility of, and develop appropriate recommenda-
tions for, the establishment of a cooperative driftnet fishing vessel 
tracking system to facilitate efforts to monitor the location of 
driftnet fishing vessels. 
(e) REPORT.—The Secretary shall transmit to the Congress not 
later than 18 months after the date of the enactment of this Act a 
report setting forth— 
(1) the evaluations and recommendations developed under 
subsections (a), (b), (c), and (d); 
(2) the most effective and appropriate means of implementing 
such recommendations; 
(3) any need for further research and development efforts and 
the estimated cost and time required for completion of such 
efforts; and 
(4) any need for legislation to provide authority to carry out 
such recommendations. 
SEC. 4008. CONSTRUCTION WITH OTHER LAWS. 
This title shall not serve or be construed to expand or diminish 
the sovereign rights of the United States, as stated by Presidential 
Proclamation Numbered 5030, dated March 10, 1983, and reflected 
in existing law on the date of the enactment of this Act. 
SEC. 4009. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Department of 
Commerce and the Department of State, such sums as may be 
necessary to carry out the purposes of this title. 
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TITLE V—RED TIDE CONTAMINATION 
SEC. 5001. DECLARATION OF DISASTER. 
- 
' -^ 
Notwithstanding any other provision of law, rule, or regulation, 
upon the date of the enactment of this Act, the Administrator of the 
Small Business Administration shall declare the recent North Caro-
lina coast red tide contamination a disaster for purposes of section 
7(b) of the Small Business Act (15 U.S.C. 636(b)). 
SEC. 5002. PROVISION OF ASSISTANCE. 
Notwithstanding any other provision of law, rule, or regulation, 
for purposes of providing assistance under paragraph (2) of section 
7(b) of the Small Business Act (15 U.S.C. 636(b)(2)) for a disaster 
declared under section 1 of this Act, eligibility of individual ap-
plicants for assistance shall not in any way be dependent on— 
PUBLIC LAW 100-220—DEC. 29, 1987 
101 STAT. 1481 
(1) the number of disaster victims in any county or other 
poHtical subdivision; or 
(2) whether or not an appHcant who normally conducts oper-
ations in the area of the recent North Carolina coast red tide 
contamination is otherwise situated or located in such area; or 
(3) the type of business or industry in which the applicant is 
' 
engaged. 
SEC. .5003. RECENT NORTH CAROIJNA COAST RED TIDE CONTAMINATION 
DEFINED. 
For purposes of this Act, the term "recent North Carolina coast 
red tide contamination" means contamination of waters under the 
jurisdiction of the State of North Carolina by unusually high con-
centrations of the algae known as Ptychodiscus brevis (commonly 
referred to as "red tide"), with respect to which the Director of the 
Division of Marine Fisheries of the North Carolina Department of 
Natural Resources issues a shell fishing closure proclamation on or 
after November 2,1987. 
Approved December 29, 1987. 
[iij-
LEGISLATIVE HISTORY—H.R. 3674: 
HOUSE REPORTS: No. 100-489 (Comm. on Merchant Marine and Fisheries). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
Dec. 18, considered and passed House. 
Dec. 19, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
Dec. 29, Presidential statement.