US (United States) Code. Title 16. Chapter 48: National aquaculture policy, planning and development

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 48 - NATIONAL AQUACULTURE POLICY,

PLANNING, AND DEVELOPMENT 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

.

-HEAD-

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

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Sec.

2801. Congressional findings, purpose, and policy.

(a) Findings.

(b) Purpose.

(c) Policy.

2802. Definitions.

2803. National Aquaculture Development Plan.

(a) In general.

(b) Contents of Plan.

(c) Actions and implementation.

(d) Revision of Plan.

(e) Continuing aquaculture assessment.

2804. Functions and powers of Secretaries.

(a) Mandatory functions.

(b) Discretionary functions.

(c) Information services.

(d) Biennial report.

2805. Coordination of national activities regarding aquaculture.

(a) Establishment.

(b) Purpose and functions.

(c) Reports.

(d) Federal consistency.

(e) Functions if Federal Council terminated.

2806. Contracts and grants.

(a) In general.

(b) Terms and conditions.

(c) Limitation.

(d) Audit.

2807. Capital requirements for aquaculture.

(a) Capital requirements study.

(b) Capital requirements plan.

2808. Regulatory constraints on aquaculture.

(a) Regulatory constraints study.

(b) Regulatory constraints plan.

2809. Authorizations for appropriations.

2810. Disclaimer.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 7 sections 3321, 3322.

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16 USC Sec. 2801 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-

Sec. 2801. Congressional findings, purpose, and policy

-STATUTE-

(a) Findings

Congress finds the following:

(1) The harvest of certain species of fish and shellfish

exceeds levels of optimum sustainable yield, thereby making it

more difficult to meet the increasing demand for aquatic food.

(2) To satisfy the domestic market for aquatic food, the United

States imports more than 50 per centum of its fish and shellfish,

but this dependence on imports adversely affects the national

balance of payments and contributes to the uncertainty of

supplies.

(3) Although aquaculture currently contributes approximately 13

percent of world seafood production, less than 6 percent of

current United States seafood production results from

aquaculture. Domestic aquacultural production, therefore, has

the potential for significant growth.

(4) Aquacultural production of aquatic plants can provide

sources of food, industrial materials, pharmaceuticals, and

energy, and can assist in the control and abatement of pollution.

(5) The rehabilitation and enhancement of fish and shellfish

resources are desirable applications of aquacultural technology.

(6) The principal responsibility for the development of

aquaculture in the United States must rest with the private

sector.

(7) Despite its potential, the development of aquaculture in

the United States has been inhibited by many scientific,

economic, legal, and production factors, such as inadequate

credit, diffused legal jurisdiction, the lack of management

information, the lack of supportive Government policies, and the

lack of reliable supplies of seed stock.

(8) Many areas of the United States are suitable for

aquaculture, but are subject to land-use or water-use management

policies that do not adequately consider the potential for

aquaculture and may inhibit the development of aquaculture.

(b) Purpose

It is the purpose of this chapter to promote aquaculture in the

United States by -

(1) declaring a national aquaculture policy;

(2) establishing and implementing a national aquaculture

development plan;

(3) establishing the Department of Agriculture as the lead

Federal agency with respect to the coordination and dissemination

of national aquaculture information by designating the Secretary

of Agriculture as the permanent chairman of the coordinating

group and by establishing a National Aquaculture Information

Center within the Department of Agriculture; and

(4) encouraging aquaculture activities and programs in both the

public and private sectors of the economy;

that will result in increased aquacultural production, the

coordination of domestic aquaculture efforts, the conservation and

enhancement of aquatic resources, the creation of new industries

and job opportunities, and other national benefits.

(c) Policy

Congress declares that aquaculture has the potential for reducing

the United States trade deficit in fisheries products, for

augmenting existing commercial and recreational fisheries and for

producing other renewable resources, thereby assisting the United

States in meeting its future food needs and contributing to the

solution of world resource problems. It is, therefore, in the

national interest, and it is the national policy, to encourage the

development of aquaculture in the United States.

-SOURCE-

(Pub. L. 96-362, Sec. 2, Sept. 26, 1980, 94 Stat. 1198; Pub. L.

99-198, title XVII, Sec. 1732, Dec. 23, 1985, 99 Stat. 1641.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a)(3). Pub. L. 99-198, Sec. 1732(1), substituted

''13 percent'' for ''10 per centum'' and ''6 percent'' for ''3 per

centum''.

Subsec. (a)(7). Pub. L. 99-198, Sec. 1732(2), inserted

''scientific,'' before ''economic,'' and ''the lack of supportive

Government policies,'' after ''management information,''.

Subsec. (b)(3), (4). Pub. L. 99-198, Sec. 1732(3), added par. (3)

and redesignated former par. (3) as (4).

Subsec. (c). Pub. L. 99-198, Sec. 1732(4), inserted ''or reducing

the United States trade deficit in fisheries products,''.

SHORT TITLE OF 1985 AMENDMENT

Section 1731 of Pub. L. 99-198 provided that: ''This subtitle

(subtitle C (D) (Sec. 1731-1737) of title XVII of Pub. L. 99-198,

amending this section and sections 2802 to 2805 and 2809 of this

title) may be cited as the 'National Aquaculture Improvement Act of

1985'.''

SHORT TITLE

Section 1 of Pub. L. 96-362 provided: ''That this Act (enacting

this chapter) may be cited as the 'National Aquaculture Act of

1980'.''

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16 USC Sec. 2802 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

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Sec. 2802. Definitions

-STATUTE-

As used in this chapter, unless the context otherwise requires -

(1) The term ''aquaculture'' means the propagation and rearing

of aquatic species in controlled or selected environments,

including, but not limited to, ocean ranching (except private

ocean ranching of Pacific salmon for profit in those States where

such ranching is prohibited by law).

(2) The term ''aquaculture facility'' means any land,

structure, or other appurtenance that is used for aquaculture and

is located in any State. Such term includes, but is not limited

to, any laboratory, hatchery, rearing pond, raceway, pen,

incubator, or other equipment used in aquaculture.

(3) The term ''aquatic species'' means any species of finfish,

mollusk, crustacean, or other aquatic invertebrate, amphibian,

reptile, or aquatic plant.

(4) The term ''coordinating group'' means the interagency

aquaculture coordinating group established by section 2805 of

this title.

(5) The term ''person'' means any individual who is a citizen

or national of the United States or of any State, any Indian

tribe, any institution of higher education, and any corporation,

partnership, association or other entity (including, but not

limited to, any community development corporation, producer

cooperative, or fishermen's cooperative) organized or existing

under the laws of any State.

(6) The term ''Plan'' means the National Aquaculture

Development Plan required to be established under section 2803 of

this title.

(7) The term ''Secretaries'' means the Secretary of

Agriculture, the Secretary of Commerce, and the Secretary of the

Interior.

(8) The term ''Secretary'' means the Secretary of Agriculture.

(9) The term ''State'' means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, American

Samoa, the Virgin Islands of the United States, Guam, the

Commonwealth of the Northern Mariana Islands, and the Trust

Territory of the Pacific Islands, or any other territory or

possession of the United States.

-SOURCE-

(Pub. L. 96-362, Sec. 3, Sept. 26, 1980, 94 Stat. 1199; Pub. L.

99-198, title XVII, Sec. 1733, Dec. 23, 1985, 99 Stat. 1641.)

-MISC1-

AMENDMENTS

1985 - Pars. (8), (9). Pub. L. 99-198 added par. (8) and

redesignated former par. (8) as (9).

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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16 USC Sec. 2803 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

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Sec. 2803. National Aquaculture Development Plan

-STATUTE-

(a) In general

(1) Within eighteen months after September 26, 1980, the

Secretaries shall establish the National Aquaculture Development

Plan.

(2) In developing the Plan, and revisions thereto under

subsection (d) of this section, beginning not later than six months

after September 26, 1980, the Secretary shall consult with the

Secretary of Commerce and the Secretary of the Interior, other

appropriate Federal officers, States, regional fishery management

councils established under section 1852 of this title, and

representatives of the aquaculture industry. In addition, the

Secretary shall give interested persons and organizations an

opportunity to comment during the development of the Plan.

(b) Contents of Plan

The Plan shall -

(1) identify aquatic species that the Secretaries determine to

have significant potential for culturing on a commercial or other

basis;

(2) recommend actions to be taken by the public and private

sectors (which may include, but are not limited to, research and

development, technical assistance, demonstration, extension

education, and training activities) that are necessary to achieve

such potential;

(3) address, after taking into account the status of

aquaculture regarding the aquatic species concerned -

(A) aquaculture facility design and operation,

(B) water quality management,

(C) use of waste products (including thermal effluents),

(D) nutrition and the development of economical feeds,

including natural food sources,

(E) life history, genetics, physiology, pathology, and

disease control (including research regarding organisms that

may not be harmful to fish and shellfish, but are injurious to

humans),

(F) processing and market development,

(G) production management and quality control, and

(H) the development of adequate supplies of seed stock;

(4) include, where appropriate, research programs on the effect

of aquaculture on estuarine and other water areas and on the

management of such areas for aquaculture;

(5) include, where appropriate, programs to analyze, and

formulate proposed resolutions of, the legal or regulatory

constraints that may affect aquaculture; and

(6) include such other research and development, technical

assistance, demonstration, extension education, and training

programs as the Secretary deems necessary or appropriate to carry

out this chapter.

In formulating the Plan, the Secretary shall, to the extent

practicable, take into account any significant action that (i) has

been, or is proposed to be, undertaken by any other Federal

department or agency, any State agency, or any person, and (ii) may

affect the implementation of the Plan.

(c) Actions and implementation

The Plan shall specify -

(1) with respect to those actions that the Secretary determines

should be undertaken, the period of time within which each such

action should be completed, in order to implement the Plan; and

(2) with respect to each such action which of the Secretaries,

acting individually, jointly, or collectively, has the

responsibility for implementing the action.

The specifications of Secretarial responsibilities under paragraph

(2) for implementing actions shall be determined on the basis of -

(A) the responsibilities conferred on the respective

Secretaries by law or by any executive action having the effect

of law (including, but not limited to, Reorganization Plan

Numbered 4 of 1970);

(B) the experience, expertise, and other appropriate resources

that the department of each such Secretary may have with respect

to the action required under the activity concerned; and

(C) the concurrence of the Secretaries.

(d) Revision of Plan

The Secretaries shall undertake periodic reviews of the operation

and effectiveness of the Plan. If as a result of any such review,

or the aquaculture assessment required under subsection (e) of this

section, the Secretaries determine that -

(1) any aquatic species not currently identified in the Plan

has significant potential for aquaculture;

(2) any action specified in the Plan is not being accomplished

on a successful and timely basis; or

(3) any action specified in the Plan should be terminated

because its objectives have been achieved or its projected

benefits do not warrant further support;

the Secretaries shall appropriately amend the Plan.

(e) Continuing aquaculture assessment

The Secretaries, through the coordinating group, shall undertake

a continuing assessment of aquaculture in the United States for the

purpose of maintaining, on a continuing basis -

(1) a complete profile of the aquacultural industry with

respect to the incidence, size, and status of commercial

aquacultural enterprises;

(2) the identification of the private and public institutions

and organizations involved in aquacultural research, extension,

credit, and market development;

(3) the identification of the various aquatic species being

cultured and a description of the status of commercial

development of each of those species;

(4) to the extent practicable, the identification of

aquacultural production regions, species, and markets that have

significant potential for development;

(5) a catalog describing all Federal programs and activities

that directly or indirectly encourage, support, or assist

aquaculture; and

(6) the identification of the economic, physical, legal,

institutional, and social constraints that inhibit the

development of aquaculture in the United States.

-SOURCE-

(Pub. L. 96-362, Sec. 4, Sept. 26, 1980, 94 Stat. 1199; Pub. L.

96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub.

L. 99-198, title XVII, Sec. 1734, Dec. 23, 1985, 99 Stat. 1641;

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 4 of 1970, referred to in subsec.

(c)(A), is Reorg. Plan No. 4 of 1970, 35 F.R. 15627, 84 Stat. 2090,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-208 made technical amendment

to reference in original act which appears in text as reference to

section 1852 of this title.

1985 - Subsec. (a)(2). Pub. L. 99-198, Sec. 1734(1)(A), (B),

substituted ''Secretary'' for ''Secretaries'' wherever appearing

and inserted provisions requiring consultations with the Secretary

of Commerce and the Secretary of the Interior.

Subsec. (a)(3). Pub. L. 99-198, Sec. 1734(1)(C), struck out par.

(3) which provided for the establishment of an advisory committee

to assist in the initial development of the Plan.

Subsec. (b). Pub. L. 99-198, Sec. 1734(2), inserted ''to'' after

''determine'' in par. (1), substituted ''Secretary deems'' for

''Secretaries deem'' in par. (6), and substituted ''Secretary'' for

''Secretaries'' in provisions following par. (6).

Subsec. (c)(1). Pub. L. 99-198, Sec. 1734(3)(A), substituted

''Secretary determines'' for ''Secretaries determine''.

Subsec. (c)(2)(C). Pub. L. 99-198, Sec. 1734(3)(B)-(D), added

subpar. (C).

1980 - Subsec. (a)(2). Pub. L. 96-561 made technical amendment to

reference in original act which appears in text as reference to

section 1852 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2802 of this title.

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16 USC Sec. 2804 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

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Sec. 2804. Functions and powers of Secretaries

-STATUTE-

(a) Mandatory functions

In implementing the Plan, the Secretaries shall -

(1) provide advisory, educational, and technical assistance

(including training) with respect to aquaculture to interested

persons, and in providing such assistance, shall, to the maximum

extent practicable, avoid duplication of similar assistance

provided by other Federal departments and agencies and by State

agencies;

(2) consult and cooperate with interested persons, Federal

departments and agencies, State agencies, and regional fishery

management councils established under section 1852 of this title;

(3) encourage the implementation of aquacultural technology in

the rehabilitation and enhancement of publicly owned fish and

shellfish stocks (including rehabilitation and enhancement by

private nonprofit enterprises), and in the development of private

commercial aquacultural enterprises; and

(4) prescribe such regulations as may be necessary to carry out

the Plan.

(b) Discretionary functions

In implementing the Plan, the Secretaries may -

(1) for the purposes of assessing the biological, technical,

and economic feasibility of any aquacultural system -

(A) conduct tests of the system, and, if necessary to

demonstrate its feasibility, construct, operate, and maintain

developmental aquaculture facilities for testing laboratory

results, and

(B) conduct such other tests or analyses as may be necessary;

(2) develop methods to enhance seed stocks of aquatic species;

and

(3) conduct such other tests or analyses or take such other

actions as the Secretaries deem necessary or appropriate.

(c) Information services

(1) In addition to performing such other mandatory functions

under this chapter -

(A) the Secretaries shall collect and analyze scientific,

technical, legal, and economic information relating to

aquaculture, including acreages, water use, production,

marketing, culture techniques, and other relevant matters;

(B) the Secretary shall -

(i) establish, within the Department of Agriculture, a

National Aquaculture Information Center that shall serve as a

repository for the information generated under subparagraph (A)

and other provisions of this chapter and shall, on a request

basis, make that information available to the public,

(ii) arrange with foreign nations for the exchange of

information relating to aquaculture and support a translation

service, and

(iii) conduct a study of the extent to which the United

States aquaculture industry has access to relevant Federal

programs which assist the agricultural sector and report to

Congress on the findings of such study by December 31, 1986;

(C) the Secretary of Commerce shall conduct a study, and report

to Congress thereon by December 31, 1987, to determine whether

existing capture fisheries could be adversely affected by

competition from products produced by commercial aquacultural

enterprises and include in such study an assessment of any

adverse effect, by species and by geographical region, on such

fisheries and recommend measures to ameliorate any such effect;

and

(D) the Secretary of the Interior, in consultation with the

Secretary of Commerce, shall undertake a study, and report to

Congress thereon by December 31, 1987, to identify exotic species

introduced into the United States waters as a result of

aquaculture activities, and to determine the potential benefits

and impacts of the introduction of exotic species.

(2) Any production information submitted to the Secretaries under

paragraph (1)(A) shall be confidential and may only be disclosed if

required under court order. The Secretaries shall preserve such

confidentiality. The Secretaries may release or make public any

information in any aggregate or summary form that does not directly

or indirectly disclose the identity, business transactions, or

trade secrets of any person who submits such information.

(d) Biennial report

The Secretary, through the coordinating group and in consultation

with the Secretary of Commerce and the Secretary of the Interior,,

(FOOTNOTE 1) shall prepare on a biennial basis, and submit to

Congress, a report on the status of aquaculture in the United

States. Such report shall contain a description and evaluation of

the actions undertaken with respect to the Plan during the

reporting period, and explanation of any revisions made to the Plan

during the reporting period, and such other comments and

recommendations as the Secretary deems appropriate. The report

required by this subsection shall be submitted to the Congress not

later than February 1, 1988.

(FOOTNOTE 1) So in original.

-SOURCE-

(Pub. L. 96-362, Sec. 5, Sept. 26, 1980, 94 Stat. 1201; Pub. L.

96-561, title II, Sec. 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub.

L. 99-198, title XVII, Sec. 1735, Dec. 23, 1985, 99 Stat. 1642;

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

211(b)), Sept. 30, 1996, 110 Stat. 3009, 3009-41.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-208 made technical amendment

to reference in original act which appears in text as reference to

section 1852 of this title.

1985 - Subsec. (c)(1). Pub. L. 99-198, Sec. 1735(1), amended par.

(1) generally. Prior to amendment, par. (1) provided that in

addition to performing such other required functions under this

chapter, the Secretaries shall (A) establish and maintain an

information service for the collection, analysis, and dissemination

of scientific, technical, legal, and economic information relating

to aquaculture; (B) conduct appropriate surveys, in coordination

with other Federal departments and agencies, of public and private

aquacultural activities being conducted in the United States for

the purpose of acquiring information on acreages, water use,

production, culture techniques, and other relevant matters; (C)

arrange with foreign nations for the exchange of information

relating to aquaculture and support a translation service; (D)

conduct a continuing study to determine whether existing capture

fisheries could be adversely affected by competition from products

produced by commercial aquacultural enterprises and include in such

study (i) an assessment of any adverse effect, by species and by

geographical region, on such fisheries, and (ii) recommended

measures to ameliorate any such effect; and (E) report to Congress

on the findings of the study conducted under subparagraph (D) in

the biennial status report required under subsection (d) of this

section.

Subsec. (c)(2). Pub. L. 99-198, Sec. 1735(1), amended par. (2)

generally, substituting ''The Secretaries shall preserve such

confidentiality'' for ''The Secretaries shall prescribe such

procedures as may be necessary to preserve such confidentiality''.

Subsec. (d). Pub. L. 99-198, Sec. 1735(2), substituted

''Secretary'' for ''Secretaries'' wherever appearing; inserted

''and in consultation with the Secretary of Commerce and the

Secretary of the Interior,'' after ''the coordinating group'' in

first sentence; struck out ''under section 2803(d) of this title''

after ''revisions made to the Plan'', and substituted ''Such'' for

''Each such'', substituted ''deems appropriate'' for ''deem

appropriate'' in second sentence; and substituted ''The report

required by this subsection shall be submitted to the Congress not

later than February 1, 1988'' for ''The first report required under

this subsection shall be submitted to Congress by September 30,

1981''.

1980 - Subsec. (a)(2). Pub. L. 96-561 made technical amendment to

reference in original act which appears in text as reference to

section 1852 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) (title II, Sec. 211(b)) of div. A of Pub. L.

104-208 provided that the amendment made by that section is

effective 15 days after Oct. 11, 1996.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 238(b) of Pub. L. 96-561 provided that the amendment made

by that section is effective 15 days after Dec. 22, 1980.

COLLECTION OF FEES FOR TRIPLOID GRASS CARP CERTIFICATION

INSPECTIONS

Pub. L. 104-40, Sec. 1, Nov. 1, 1995, 109 Stat. 350, provided:

''(a) In General. - The Secretary of the Interior, acting through

the Director of the Fish and Wildlife Service (referred to in this

section as the 'Director'), may charge reasonable fees for expenses

to the Federal Government for triploid grass carp certification

inspections requested by a person who owns or operates an

aquaculture facility.

''(b) Availability. - All fees collected under subsection (a)

shall be available to the Director until expended, without further

appropriations.

''(c) Use. - The Director shall use all fees collected under

subsection (a) to carry out the activities referred to in

subsection (a).''

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16 USC Sec. 2805 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-

Sec. 2805. Coordination of national activities regarding

aquaculture

-STATUTE-

(a) Establishment

There is established within the Office of Science and Technology

Policy an interagency aquaculture coordinating group that shall,

subject to subsection (f) of this section, operate as a Joint

Subcommittee on Aquaculture of the Federal Coordinating Council on

Science, Engineering, and Technology (hereinafter in this section

referred to as the ''Federal Council'') established by Executive

Order 12039, dated February 24, 1978. The coordinating group shall

be composed of the following members or their designees:

(1) The Secretary of Agriculture, who shall be the permanent

chairman of the coordinating group.

(2) The Secretary of Commerce.

(3) The Secretary of the Interior.

(4) The Secretary of Energy.

(5) The Secretary of Health and Human Services.

(6) The Administrator of the Environmental Protection Agency.

(7) The Chief of Engineers.

(8) The Administrator of the Small Business Administration.

(9) The Administrator of the Agency for International

Development.

(10) The Chairman of the Tennessee Valley Authority.

(11) The Director of the National Science Foundation.

(12) The Governor of the Farm Credit Administration.

(13) The heads of such other Federal agencies as are deemed

appropriate by the Director of the Office of Science and

Technology Policy (hereinafter in this section referred to as the

''Director''), after consultation with the coordinating group.

(b) Purpose and functions

The purpose of the coordinating group is to increase the overall

effectiveness and productivity of Federal aquaculture research,

transfer, and assistance programs. In fulfilling this purpose the

coordinating group shall -

(1) review the national needs for aquaculture research,

transfer, and assistance;

(2) assess the effectiveness and adequacy of Federal efforts to

meet those national needs;

(3) undertake planning, coordination, and communication among

Federal agencies engaged in the science, engineering, and

technology of aquaculture;

(4) collect, compile, and disseminate information on

aquaculture;

(5) encourage joint programs among Federal agencies in areas of

mutual interest; and

(6) recommend to the Federal Council specific actions on

issues, problems, plans, and programs in aquaculture.

(c) Reports

The coordinating group shall regularly report to the Chairman of

the Federal Council on the coordinating group's activities and on

recommendations concerning Federal policies and programs related to

aquaculture.

(d) Federal consistency

Each Federal department and agency that has functions or

responsibilities with respect to aquaculture or has jurisdiction

over any activity that affects, or that may affect, the achievement

of the purpose and policy of this chapter, shall, in consultation

with the coordinating group and to the maximum extent practicable,

perform such function, responsibility, or activity in a manner that

is consistent with the purpose and policy of this chapter.

(e) Functions if Federal Council terminated

If at any time after September 26, 1980, the functions of the

Federal Council are by executive action terminated or transferred

to an agency other than the Office of Science and Technology

Policy, the coordinating group shall carry out its purpose under

the direction of the Director. In that event, the recommendations

of the coordinating group referred to in subsection (b)(6) of this

section and the reports required under subsection (c) of this

section shall be made to the Director.

-SOURCE-

(Pub. L. 96-362, Sec. 6, Sept. 26, 1980, 94 Stat. 1203; Pub. L.

99-198, title XVII, Sec. 1736, Dec. 23, 1985, 99 Stat. 1643.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 12039, dated February 24, 1978, referred to in

subsec. (a), is Ex. Ord. No. 12039, Feb. 24, 1978, 43 F.R. 8095,

which is set out as a note under section 6601 of Title 42, The

Public Health and Welfare.

-MISC2-

AMENDMENTS

1985 - Subsec. (a)(1). Pub. L. 99-198, Sec. 1736(1), inserted '',

who shall be the permanent chairman of the coordinating group''.

Subsecs. (c) to (f). Pub. L. 99-198, Sec. 1736(2)-(4), struck out

subsec. (c) which provided that each of the Secretaries or their

designees, on such rotating basis as determined by the Director,

shall serve as the chairman of the coordinating group, with the

term of office of the chairman set at two years, redesignated

subsecs. (d) to (f) as (c) to (e), respectively, and in subsec.

(e), as redesignated, substituted ''subsection (c) of this

section'' for ''subsection (d) of this section''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2802 of this title; title

7 section 3322.

-CITE-

16 USC Sec. 2806 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-

Sec. 2806. Contracts and grants

-STATUTE-

(a) In general

The Secretaries may each carry out any action that such Secretary

is responsible for implementing under the Plan through grants to,

or contracts with, any person, any other Federal department or

agency, any State agency, or any regional commission.

(b) Terms and conditions

Any contract entered into, or any grant made, under subsection

(a) of this section shall contain such terms and conditions as the

Secretary concerned shall by regulation prescribe as being

necessary or appropriate to protect the interests of the United

States. No contract may be entered into, and no grant may be made

under subsection (a) of this section, for any purpose that is in

violation of any applicable State or local law.

(c) Limitation

The amount of any grant made under subsection (a) of this section

may not exceed an amount equal to one-half the estimated cost of

the project for which the grant is made.

(d) Audit

Each recipient of a grant or contract under this section shall

make available to the Secretary concerned and to the Comptroller

General of the United States, for purposes of audit and

examination, any book, document, paper, or record that is pertinent

to the funds received under such grant or contract.

-SOURCE-

(Pub. L. 96-362, Sec. 7, Sept. 26, 1980, 94 Stat. 1204.)

-CITE-

16 USC Sec. 2807 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-

Sec. 2807. Capital requirements for aquaculture

-STATUTE-

(a) Capital requirements study

The Secretaries, through the coordinating group, shall conduct

within twelve months after September 26, 1980, a study of the

capital requirements of the United States aquaculture industry.

The study shall -

(1) document and analyze any capital constraints that affect

the development of aquaculture in the United States; and

(2) evaluate the role that appropriate Federal financial

assistance does or could play in filling gaps in the normal

credit market with respect to aquaculture.

The study will identify the capital needs of the United States

aquaculture industry, with emphasis on the needs that are not being

filled either in normal credit channels or through government

programs for direct loans, loan guarantees, disaster loans, and

insurance. Upon it completion, the Secretaries shall submit the

results of the study to Congress.

(b) Capital requirements plan

Based on the results of the Capital Requirements Study conducted

under subsection (a) of this section, and within six months of the

completion of the study, the Secretaries shall formulate a plan for

acting on the study's findings. The plan shall include: (1) those

Federal actions, if any, found to be necessary to meet financial

needs unmet through normal credit channels and existing Federal

programs; and (2) recommendations, if any, for legislative

actions. Upon completion, the plan shall be submitted to Congress.

-SOURCE-

(Pub. L. 96-362, Sec. 8, Sept. 26, 1980, 94 Stat. 1204.)

-CITE-

16 USC Sec. 2808 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-

Sec. 2808. Regulatory constraints on aquaculture

-STATUTE-

(a) Regulatory constraints study

The Secretaries, through the coordinating group, shall conduct,

within twelve months after September 26, 1980, a study of the State

and Federal regulatory restrictions to aquaculture development in

the United States. The study shall -

(1) include a literature review and a descriptive list

identifying the parameters of the issue;

(2) identify and list relevant current and pending Federal

regulations restricting the development of commercial aquaculture

operations;

(3) identify and list relevant current State regulations

restricting the development of commercial aquaculture operations

in five States selected randomly in five separate geographic

regions of the United States;

(4) conduct case studies of ten commercial aquaculture

operations in the United States representing a wide range of

marine and fresh water species to determine the practical effects

of regulatory restrictions on aquaculture; and

(5) develop a flow-chart time line using the information

obtained by means of paragraphs (1) through (4) to identify those

regulations and restrictions that could have the most detrimental

effect in establishing commercial aquaculture operations in the

United States.

Upon completion of the study, the Secretaries shall submit its

results to Congress.

(b) Regulatory constraints plan

Based on the results of the Regulatory Constraints Study

conducted under subsection (a) of this section, and within six

months of the study's completion, the Secretaries shall formulate a

plan for acting on the study's findings. The plan will contain

specific steps the Federal Government can take to remove

unnecessarily burdensome regulatory barriers to the initiation and

operation of commercial aquaculture ventures. Upon its completion,

the Secretaries shall submit the plan to Congress.

-SOURCE-

(Pub. L. 96-362, Sec. 9, Sept. 26, 1980, 94 Stat. 1205.)

-CITE-

16 USC Sec. 2809 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-

Sec. 2809. Authorizations for appropriations

-STATUTE-

For purposes of carrying out the provisions of this chapter,

there are authorized to be appropriated -

(1) to the Department of Agriculture, $1,000,000 for each of

fiscal years 1991 through 2007;

(2) to the Department of Commerce, $1,000,000 for each of

fiscal years 1991 through 2007; and

(3) to the Department of (FOOTNOTE 1) Interior, $1,000,000 for

each of fiscal years 1991 through 2007.

(FOOTNOTE 1) So in original. Probably should be ''of the''.

Funds authorized by this section shall be in addition to, and not

in lieu of, funds authorized by any other Act.

-SOURCE-

(Pub. L. 96-362, Sec. 10, Sept. 26, 1980, 94 Stat. 1205; Pub. L.

98-623, title IV, Sec. 402, Nov. 8, 1984, 98 Stat. 3407; Pub. L.

99-198, title XVII, Sec. 1737, Dec. 23, 1985, 99 Stat. 1643; Pub.

L. 101-624, title XVI, Sec. 1614(d), Nov. 28, 1990, 104 Stat. 3728;

Pub. L. 105-185, title III, Sec. 301(i), June 23, 1998, 112 Stat.

563; Pub. L. 107-171, title VII, Sec. 7139, May 13, 2002, 116 Stat.

436.)

-MISC1-

AMENDMENTS

2002 - Pars. (1) to (3). Pub. L. 107-171 substituted ''2007'' for

''2002''.

1998 - Pars. (1) to (3). Pub. L. 105-185 substituted ''fiscal

years 1991 through 2002'' for ''the fiscal years 1991, 1992, and

1993''.

1990 - Pars. (1) to (3). Pub. L. 101-624 amended pars. (1) to (3)

generally. Prior to amendment, pars. (1) to (3) read as follows:

''(1) to the Department of Agriculture, $2,000,000 for each of

fiscal years 1984 and 1985, and $1,000,000 for each of fiscal years

1986, 1987, and 1988;

''(2) to the Department of Commerce, $2,000,000 for each of

fiscal years 1984 and 1985, and $1,000,000 for each of fiscal years

1986, 1987, and 1988; and

''(3) to the Department of the Interior, $1,000,000 for each of

fiscal years 1984 and 1985, and $1,000,000 for each of fiscal years

1986, 1987, and 1988.''

1985 - Pars. (1) to (3). Pub. L. 99-198 inserted provisions

authorizing appropriations of $1,000,000 for each of fiscal years

1986, 1987, and 1988.

1984 - Pars. (1), (2). Pub. L. 98-623 substituted provisions

authorizing appropriations of $2,000,000 for each of fiscal years

1984 and 1985 for provisions which had authorized appropriations of

$7,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982,

and $12,000,000 for fiscal year 1983.

Par. (3). Pub. L. 98-623 substituted provisions authorizing

appropriations of $1,000,000 for each of fiscal years 1984 and 1985

for provisions which had authorized appropriations of $3,000,000

for fiscal year 1981, $4,000,000 for fiscal year 1982, and

$5,000,000 for fiscal year 1983.

-CITE-

16 USC Sec. 2810 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-

Sec. 2810. Disclaimer

-STATUTE-

Nothing in this chapter shall be construed to amend, repeal, or

otherwise modify the authority of any Federal officer, department,

or agency to perform any function, responsibility, or activity

authorized under any other provision of law.

-SOURCE-

(Pub. L. 96-362, Sec. 11, Sept. 26, 1980, 94 Stat. 1206.)

-CITE-