Marine Debris Research, Prevention, and Reduction Act
PL 109-449 (S.362), enacted 12/22/2006

120 STAT. 3333
PUBLIC LAW 109–449—DEC. 22, 2006
Public Law 109–449
109th Congress
An Act
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 environ-
ment and navigation safety, in coordination with non-Federal entities, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Marine Debris Research, Preven-
tion, and Reduction Act’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to help identify, determine sources of, assess, reduce,
and prevent marine debris and its adverse impacts on the
marine environment and navigation safety;
(2) to reactivate the Interagency Marine Debris Coordi-
nating Committee; and
(3) to develop a Federal marine debris information clearing-
house.
SEC. 3. NOAA MARINE DEBRIS PREVENTION AND REMOVAL PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—There is established, within
the National Oceanic and Atmospheric Administration, a Marine
Debris Prevention and Removal Program to reduce and prevent
the occurrence and adverse impacts of marine debris on the marine
environment and navigation safety.
(b) PROGRAM COMPONENTS.—The Administrator, acting through
the Program and subject to the availability of appropriations, shall
carry out the following activities:
(1) 
MAPPING, 
IDENTIFICATION, 
IMPACT
ASSESSMENT,
REMOVAL, AND PREVENTION.—The Administrator shall, in con-
sultation with relevant Federal agencies, undertake marine
debris mapping, identification, impact assessment, prevention,
and removal efforts, with a focus on marine debris posing
a threat to living marine resources and navigation safety,
including—
(A) the establishment of a process, building on existing
information sources maintained by Federal agencies such
as the Environmental Protection Agency and the Coast
Guard, for cataloguing and maintaining an inventory of
marine debris and its impacts found in the navigable
waters of the United States and the United States exclusive
economic zone, including location, material, size, age, and
33 USC 1952.
33 USC 1951.
Marine Debris
Research,
Prevention, and
Reduction Act.
33 USC 1951
note.
Dec. 22, 2006
[S. 362]
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120 STAT. 3334
PUBLIC LAW 109–449—DEC. 22, 2006
origin, and impacts on habitat, living marine resources,
human health, and navigation safety;
(B) measures to identify the origin, location, and pro-
jected movement of marine debris within United States
navigable waters, the United States exclusive economic
zone, and the high seas, including the use of oceanographic,
atmospheric, satellite, and remote sensing data; and
(C) development and implementation of strategies,
methods, priorities, and a plan for preventing and removing
marine debris from United States navigable waters and
within the United States exclusive economic zone, including
development of local or regional protocols for removal of
derelict fishing gear and other marine debris.
(2) REDUCING
AND
PREVENTING
LOSS
OF
GEAR.—The
Administrator shall improve efforts to reduce adverse impacts
of lost and discarded fishing gear on living marine resources
and navigation safety, including—
(A) research and development of alternatives to gear
posing threats to the marine environment, and methods
for marking gear used in specific fisheries to enhance the
tracking, recovery, and identification of lost and discarded
gear; and
(B) development of effective nonregulatory measures
and incentives to cooperatively reduce the volume of lost
and discarded fishing gear and to aid in its recovery.
(3) OUTREACH.—The Administrator shall undertake out-
reach and education of the public and other stakeholders, such
as the fishing industry, fishing gear manufacturers, and other
marine-dependent industries, and the plastic and waste
management industries, on sources of marine debris, threats
associated with marine debris and approaches to identify, deter-
mine sources of, assess, reduce, and prevent marine debris
and its adverse impacts on the marine environment and naviga-
tional safety, including outreach and education activities
through public-private initiatives. The Administrator shall
coordinate outreach and education activities under this para-
graph with any outreach programs conducted under section
2204 of the Marine Plastic Pollution Research and Control
Act of 1987 (33 U.S.C. 1915).
(c) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—
(1) IN GENERAL.—The Administrator, acting through the
Program, shall enter into cooperative agreements and contracts
and provide financial assistance in the form of grants for
projects to accomplish the purpose set forth in section 2(1).
(2) GRANT COST SHARING REQUIREMENT.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), Federal funds for any grant under this section may
not exceed 50 percent of the total cost of such project.
For purposes of this subparagraph, the non-Federal share
of project costs may be provided by in-kind contributions
and other noncash support.
(B) WAIVER.—The Administrator may waive all or part
of the matching requirement under subparagraph (A) if
the Administrator determines that no reasonable means
are available through which applicants can meet the
matching requirement and the probable benefit of such
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120 STAT. 3335
PUBLIC LAW 109–449—DEC. 22, 2006
project outweighs the public interest in such matching
requirement.
(3) AMOUNTS PAID AND SERVICES RENDERED UNDER CON-
SENT.—
(A) CONSENT DECREES AND ORDERS.—If authorized by
the Administrator or the Attorney General, as appropriate,
the non-Federal share of the cost of a project carried out
under this Act may include money paid pursuant to, or
the value of any in-kind service performed under, an
administrative order on consent or judicial consent decree
that will remove or prevent marine debris.
(B) OTHER
DECREES
AND
ORDERS.—The non-Federal
share of the cost of a project carried out under this Act
may not include any money paid pursuant to, or the value
of any in-kind service performed under, any other adminis-
trative order or court order.
(4) ELIGIBILITY.—Any State, local, or tribal government
whose activities affect research or regulation of marine debris,
and any institution of higher education, nonprofit organization,
or commercial organization with expertise in a field related
to marine debris, is eligible to submit to the Administrator
a marine debris proposal under the grant program.
(5) GRANT
CRITERIA
AND
GUIDELINES.—Within 180 days
after the date of the enactment of this Act, the Administrator
shall promulgate necessary guidelines for implementation of
the grant program, including development of criteria and prior-
ities for grants. In developing those guidelines, the Adminis-
trator shall consult with—
(A) the Interagency Committee;
(B) regional fishery management councils established
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
(C) State, regional, and local governmental entities
with marine debris experience;
(D) marine-dependent industries; and
(E) nongovernmental organizations involved in marine
debris research, prevention, or removal activities.
(6) PROJECT REVIEW AND APPROVAL.—The Administrator
shall—
(A) review each marine debris project proposal to deter-
mine if it meets the grant criteria and supports the goals
of this Act;
(B) after considering any written comments and rec-
ommendations based on the review, approve or disapprove
the proposal; and
(C) provide notification of that approval or disapproval
to the person who submitted the proposal.
(7) PROJECT REPORTING.—Each grantee under this section
shall provide periodic reports as required by the Administrator.
Each report shall include all information required by the
Administrator for evaluating the progress and success in
meeting its stated goals, and impact of the grant activities
on the marine debris problem.
SEC. 4. COAST GUARD PROGRAM.
(a) STRATEGY.—The Commandant of the Coast Guard, in con-
sultation with the Interagency Committee, shall—
33 USC 1953.
Notification.
Deadline.
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120 STAT. 3336
PUBLIC LAW 109–449—DEC. 22, 2006
(1) take actions to reduce violations of and improve
implementation 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;
(2) take actions to cost-effectively monitor and enforce
compliance with MARPOL Annex V and the Act to Prevent
Pollution from Ships (33 U.S.C. 1901 et seq.), including through
cooperation and coordination with other Federal and State
enforcement programs;
(3) take actions to improve compliance with requirements
under MARPOL Annex V and section 6 of the Act to Prevent
Pollution from Ships (33 U.S.C. 1905) that all United States
ports and terminals maintain and monitor the adequacy of
receptacles for the disposal of plastics and other garbage,
including through promoting voluntary government-industry
partnerships;
(4) develop and implement a plan, in coordination with
industry and recreational boaters, to improve ship-board waste
management, including recordkeeping, and access to waste
reception facilities for ship-board waste;
(5) take actions to improve international cooperation to
reduce marine debris; and
(6) establish a voluntary reporting program for commercial
vessel operators and recreational boaters to report incidents
of damage to vessels and disruption of navigation caused by
marine debris, and observed violations of laws and regulations
relating to the disposal of plastics and other marine debris.
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Commandant of the Coast Guard shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report evaluating the Coast
Guard’s progress in implementing subsection (a).
(c) EXTERNAL EVALUATION AND RECOMMENDATIONS ON ANNEX
V.—
(1) IN GENERAL.—The Commandant of the Coast Guard
shall enter into an arrangement with the National Research
Council under which the National Research Council shall
submit, by not later than 18 months after the date of the
enactment of this Act and in consultation with the Commandant
and the Interagency Committee, to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of
Representatives a comprehensive report on the effectiveness
of international and national measures to prevent and reduce
marine debris and its impact.
(2) CONTENTS.—The report required under paragraph (1)
shall include—
(A) an evaluation of international and domestic
implementation of MARPOL Annex V and the Act to Pre-
vent Pollution from Ships (33 U.S.C. 1901 et seq.) and
recommendations of cost-effective actions to improve
implementation and compliance with such measures to
reduce impacts of marine debris;
(B) recommendation of additional Federal or inter-
national actions, including changes to international and
Contracts.
Deadline.
Reports.
Plan.
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120 STAT. 3337
PUBLIC LAW 109–449—DEC. 22, 2006
domestic law or regulations, needed to further reduce the
impacts of marine debris; and
(C) evaluation of the role of floating fish aggregation
devices in the generation of marine debris and existing
legal mechanisms to reduce impacts of such debris, focusing
on impacts in the Western Pacific and Central Pacific
regions.
SEC. 5. INTERAGENCY COORDINATION.
(a) INTERAGENCY MARINE DEBRIS COORDINATING COMMITTEE.—
Section 2203 of the Marine Plastic Pollution Research and Control
Act of 1987 (33 U.S.C. 1914) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) ESTABLISHMENT OF INTERAGENCY MARINE DEBRIS COORDI-
NATING COMMITTEE.—There is established an Interagency Marine
Debris Coordinating Committee to coordinate a comprehensive pro-
gram of marine debris research and activities among Federal agen-
cies, in cooperation and coordination with non-governmental
organizations, industry, universities, and research institutions,
States, Indian tribes, and other nations, as appropriate.’’; and
(2) in subsection (c), by inserting ‘‘public, interagency’’
before ‘‘forum’’.
(b) DEFINITION OF MARINE DEBRIS.—The Administrator and
the Commandant of the Coast Guard, in consultation with the
Interagency Committee established under subsection (a), shall
jointly develop and promulgate through regulations a definition
of the term ‘‘marine debris’’ for purposes of this Act.
(c) REPORTS.—
(1) INTERAGENCY REPORT ON MARINE DEBRIS IMPACTS AND
STRATEGIES.—
(A) IN GENERAL.—Not later than 12 months after the
date of the enactment of this Act, the Interagency Com-
mittee, through the chairperson, shall complete and submit
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Resources of
the House of Representatives a report that—
(i) identifies sources of marine debris;
(ii) the ecological and economic impact of marine
debris;
(iii) alternatives for reducing, mitigating, pre-
venting, and controlling the harmful affects of marine
debris;
(iv) the social and economic costs and benefits
of such alternatives; and
(v) recommendations to reduce marine debris both
domestically and internationally.
(B) RECOMMENDATIONS.—The report shall provide
strategies and recommendations on—
(i) establishing priority areas for action to address
leading problems relating to marine debris;
(ii) developing strategies and approaches to pre-
vent, reduce, remove, and dispose of marine debris,
including through private-public partnerships;
(iii) establishing effective and coordinated edu-
cation and outreach activities; and
Regulations.
33 USC 1954.
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120 STAT. 3338
PUBLIC LAW 109–449—DEC. 22, 2006
(iv) ensuring Federal cooperation with, and assist-
ance to, the coastal States (as that term is defined
in section 304 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1453)), Indian tribes, and local
governments in the identification, determination of
sources, prevention, reduction, management, mitiga-
tion, and control of marine debris and its adverse
impacts.
(2) ANNUAL PROGRESS REPORTS.—Not later than 3 years
after the date of the enactment of this Act, and biennially
thereafter, the Interagency Committee, through the chair-
person, shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Resources of the House of Representatives a report that evalu-
ates United States and international progress in meeting the
purpose of this Act. The report shall include—
(A) the status of implementation of any recommenda-
tions and strategies of the Interagency Committee and
analysis of their effectiveness;
(B) a summary of the marine debris inventory to be
maintained by the National Oceanic and Atmospheric
Administration;
(C) a review of the National Oceanic and Atmospheric
Administration program authorized by section 3, including
projects funded and accomplishments relating to reduction
and prevention of marine debris;
(D) a review of Coast Guard programs and accomplish-
ments relating to marine debris removal, including enforce-
ment and compliance with MARPOL requirements; and
(E) estimated Federal and non-Federal funding pro-
vided for marine debris and recommendations for priority
funding needs.
SEC. 6. FEDERAL INFORMATION CLEARINGHOUSE.
The Administrator, in coordination with the Interagency Com-
mittee, shall—
(1) maintain a Federal information clearinghouse on marine
debris that will be available to researchers and other interested
persons to improve marine debris source identification, data
sharing, and monitoring efforts through collaborative research
and open sharing of data; and
(2) take the necessary steps to ensure the confidentiality
of such information (especially proprietary information), for
any information required by the Administrator to be submitted
by the fishing industry under this section.
SEC. 7. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) INTERAGENCY
COMMITTEE.—The term ‘‘Interagency
Committee’’ means the Interagency Marine Debris Coordinating
Committee established under section 2203 of the Marine Plastic
Pollution Research and Control Act of 1987 (33 U.S.C. 1914).
33 USC 1956.
33 USC 1955.
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120 STAT. 3339
PUBLIC LAW 109–449—DEC. 22, 2006
(3) UNITED STATES EXCLUSIVE ECONOMIC ZONE.—The term
‘‘United States exclusive economic zone’’ means the zone estab-
lished by Presidential Proclamation Numbered 5030, dated
March 10, 1983, including the ocean waters of the areas referred
to as ‘‘eastern special areas’’ in article 3(1) of the Agreement
between the United States of America and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June
1, 1990.
(4) 
MARPOL; 
ANNEX
V; 
CONVENTION.—The 
terms
‘‘MARPOL’’, ‘‘Annex V’’, and ‘‘Convention’’ have the meaning
given those terms under section 2(a) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901(a)).
(5) NAVIGABLE
WATERS.—The term ‘‘navigable waters’’
means waters of the United States, including the territorial
sea.
(6) TERRITORIAL
SEA.—The term ‘‘territorial sea’’ means
the waters of the United States referred to in Presidential
Proclamation No. 5928, dated December 27, 1988.
(7) PROGRAM.—The term ‘‘Program’’ means the Marine
Debris Prevention and Removal Program established under
section 3.
(8) STATE.—The term ‘‘State’’ means—
(A) any State of the United States that is impacted
by marine debris within its seaward or Great Lakes bound-
aries;
(B) the District of Columbia;
(C) American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, and the Virgin Islands; and
(D) any other territory or possession of the United
States, or separate sovereign in free association with the
United States, that is impacted by marine debris within
its seaward boundaries.
SEC. 8. RELATIONSHIP TO OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this Act supersedes, or limits the authority of the
Secretary of the Interior under, the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year
2006 through 2010—
(1) to the Administrator for carrying out sections 3 and
6, $10,000,000, of which no more than 10 percent may be
for administrative costs; and
(2) to the Secretary of the Department in which the Coast
Guard is operating, for the use of the Commandant of the
33 USC 1958.
33 USC 1957.
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120 STAT. 3340
PUBLIC LAW 109–449—DEC. 22, 2006
LEGISLATIVE HISTORY—S. 362:
HOUSE REPORTS: No. 109–332, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. on
Transportation and Infrastructure).
SENATE REPORTS: No. 109–56 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD:
Vol. 151 (2005): July 1, considered and passed Senate.
Vol. 152 (2006): Sept. 27, considered and passed House, amended.
Dec. 8, Senate concurred in House amendment.
Coast Guard in carrying out section 4, $2,000,000, of which
no more than 10 percent may be used for administrative costs.
Approved December 22, 2006.
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