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S. 1650 (96th): National Aquaculture Act of 1980

The text of the bill below is as of Sep 26, 1980 (Passed Congress).

Summary of this bill

Source: Wikipedia

The National Aquaculture Act of 1980 (P.L. 96-362, as amended) is intended to promote and support the development of private aquaculture and to ensure coordination among the various federal agencies that have aquaculture programs and policies. It provided for a national aquaculture policy, including a formal National Aquaculture Development Plan; established a Joint Subcommittee on Aquaculture on which officials of USDA, Commerce, the Interior, and nine other federal agencies sit; designated USDA as the lead agency for coordination; and authorized the National Aquaculture Information Center within the National Agricultural Library.

The S. 1650 legislation was passed by the 96th U.S. Congressional session and signed into law by the ...

94 STAT. 1198                    PUBLIC LAW 96-362—SEPT. 26, 1980

                  Public Law 96-362
                  96th Congress
                                                     An Act
 Sept. 26, 1980   -p^ provide for the development of aquaculture in the United States, and for other
   [S. 1650]                                        purposes.
                     Be it enacted by the Senate and House of Representatives of the
National          United States of America in Congress assembled, That this Act may be
^fTm ^''^         cited as the "National Aquaculture Act of 1980".
16 u s e 2801
note.                                   FINDINGS, PURPOSE, AND POUCY
16 use 2801.         SEC. 2. (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
                          (3) Although aquaculture currently contributes approximately
                        10 per centum of world seafood production, less than 3 per
                        centum 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 aquacul-
                        ture 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 economic, legal, and
                        production factors, such as inadequate credit, diffused legal
                       jurisdiction, the lack of management information, and the lack of
                        reliable supplies of seed stock.
                          (8) Many areas of the United States are suitable for aquacul-
                        ture, but are subject to land-use or water-use management
                        policies that do not adequately consider the potential for aqua-
                        culture and may inhibit the development of aquaculture.
                     (b) PURPOSE.—It is the purpose of this Act to promote aquaculture
                  in the United States by—
                          (1) declaring a national aquaculture policy;
                          (2) establishing and implementing a national aquaculture
                        development plan; and
                          (3) encouraging aquaculture activities and programs in both
                        the public and private sectors of the economy;
                  that will result in increased aquacultural production, the coordina-
                  tion of domestic aquaculture efforts, the conservation and enhance-

PUBLIC LAW 96-362—SEPT. 26, 1980 94 STAT. 1199 ment 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 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. DEFINITIONS SEC. 3. As used in this Act, unless the context otherwise requires— 16 USC 2802. (1) The term "aquaculture" means the propagation and rear- ing 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, moUusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant. (4) The term "coordinating group" means the interagency aquaculture coordinating group established by section 6. (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, part- nership, 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 Develop- ment Plan required to be established under section 4. (7) The term "Secretaries" means the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Interior. (8) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Ameri- can 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 posses- sion of the United States. NATIONAL AQUACULTURE DEVELOPMENT PLAN SEC. 4. (a) IN GENERAL.—(1) Within eighteen months after the date 16 use 2803. of the enactment of this Act, the Secretaries shall establish the National Aquaculture Development Plan. (2) In developing the Plan, and revisions thereto under subsection (d), beginning not later than six months after the date of enactment of this Act, the Secretaries shall consult with other appropriate Federal officers. States, regional fishery management councils established under section 302 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852), and representatives of the aquaculture industry. In addition, the Secretaries shall give interested persons Comments. 79-194 O-81-pt. 1 79 : QL3
94 STAT. 1200 PUBLIC LAW 96-362—SEPT. 26, 1980 and organizations an opportunity to comment during the develop- ment of the Plan. Advisory (3) If the Secretaries deem it to be appropriate, they may establish, committee and appoint the members of, an advisory committee to assist in the membership. initial development of the Plan. Individuals appointed to the advisory committee shall be knowledgeable or experienced in the principles Travel expenses. and practices of aquaculture. The members of the advisory committee (other than officers or employees of the Federal Government), while away from their homes or regular places of business in the perform- ance of services for the advisory committee, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 of the United States Code. (b) CONTENTS OF PLAN.—The Plan shall— (1) identify aquatic species that the Secretaries determine 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 dis- ease 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 for- mulate proposed resolutions of, the legal or regulatory con- straints that may affect aquaculture; and (6) include such other research and development, technical assistance, demonstration, extension education, and training programs as the Secretaries deem necessary or appropriate to carry out this Act. In formulating the Plan, the Secretaries shall, to the extent practica- ble, 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 Secretaries determine 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.
PUBLIC LAW 96-362—SEPT. 26, 1980 94 STAT. 1201 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); a n d 15USC1511 (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. (d) REVISION OP PLAN.—The Secretaries shall undertake periodic Periodic reviews, 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), 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 assess- ment of aquaculture in the United States for the purpose of maintain- ing, 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 develop- ment 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, institu- tional, and social constraints that inhibit the development of aquaculture in the United States. FUNCTIONS AND POWERS OF SECRETARIES SEC. 5. (a) MANDATORY FUNCTIONS.—In implementing the Plan, the 16 use 2804. 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 pro- vided 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 302 of the Fish- ery Conservation and Management Act of 1976 (16 U.S.C. 1852);
94 STAT. 1202 PUBLIC LAW 96-362—SEPT. 26, 1980 (3) encourage the implementation of aquacultural technoloffyr 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 S E R V I C E S . ^ 1 ) In addition to performing such other required functions under this Act, 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 aquacul- tural activities being conducted in the United States for the purpose of acquiring information on acreages, water use, produc- tion, culture techniques, and other relevant matters; (C) arrange with foreign nations for the exchange of informa- tion 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 gissessment of any adverse effect, by species and by geographical region, on such fisheries, and (ii) recommended measures to ameliorate any such effect; and Report to (E) report to Congress on the findings of the study conducted Congress. under subparagraph (D) in the biennial status report required under subsection (d). Confidential (2) Any production information submitted to the Secretaries under information, paragraph (IXB) shall be confidentisd and may only be disclosed if disclosure. required under court order. The Secretaries shall prescribe such procedures as may be necessary to 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. Submittal to (d) BiENNiAL REPORT.—The Secretaries, through the coordinating Congress. group, shgdl prepare on a biennied basis, and submit to Congress, a report on the status of aquaculture in the United States. Each such report shall contain a description and evaluation of the actions undertaken with respect to the Plan during the reporting period, an explanation of any revisions made to the Plan under section 4(d)
PUBLIC LAW 96-362—SEPT. 26, 1980 94 STAT. 1203 during the reporting period, and such other comments and recom- mendations as the Secretaries deem appropriate. The first report required under this subsection shall be submitted to Congress by September 30,1981. COORDINATION OP NATIONAL ACynVITIES REGARDING AQUACULTURE SEC. 6. (a) ESTABLISHMENT.—There is established within the Office Interagency aquaculture of Science and Technology Policy an interagency aquaculture coordi- coordinating nating group that shall, subject to subsection (f), operate as a Joint group. Subcommittee on Aquaculture of the Federal Coordinating Council 16 u s e 2805. 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 42 u s e 6601 composed of the following members or their designees: note. Membership. (1) The Secretary of Agriculture. (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 Engmeers. (8) The Administrator of the Small Business Administration. (9) The Administrator of the Agency for International Develop- ment. (10) The Chairman of the Tennessee V a l l ^ 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 Technol- ogy Policy (hereinafter in this section referred to as the "Direc- tor"), 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 reseeirch, transfer, and assistance programs. In fulfilling this purpose the coordinating group shall— (1) review the national needs for aquaculture research, trans- fer, 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 engsiged in the science, engineering, and technology of aquaculture; (4) collect, compile, and disseminate information on aquacul- ture; (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) CHAIRMAN.—Each of the Secretaries or their designees, on such rotating basis as shall be determined by the Director, shall serve as the chairman of the coordinating group. The term of office of the chairman is two years. (d) REPORTS.—The coordinating group shall regularly report to the Chairman of the Federal Council on the coordinating group's activi- ties and on recommendations concerning Federal policies and pro- gr£ims related to aquaculture.
94 STAT. 1204 PUBLIC LAW 96-362—SEPT. 26, 1980 (e) FEDERAL CONSISTENCY.—Each Federal department and agency that has functions or responsibiUties 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 Act, shall, in consulta- tion with the coordinating group and to the maximum extent practi- cable, perform such function, responsibility, or activity in a manner that is consistent with the purpose and policy of this Act. (f) FUNCTIONS IF FEDERAL COUNCIL TERMINATED.—If at any time after the date of the enactment of this Act, 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) and the reports required under subsection (d) shall be made to the Director. CONTRACTS AND GRANTS 16 use 2806. SEC. 7. (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) 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), 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) 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 Comptrol- ler General of the United States, for purposes of audit and examina- tion, any book, document, paper, or record that is pertinent to the funds received under such grant or contract. CAPITAL REQUIREMENTS FOR AQUACULTURE 16 use 2807. SEC. 8. (a) CAPITAL REQUIREMENTS STUDY.—The Secretaries, through the coordinating group, shall conduct within twelve months after the date of enactment of this Act, 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 assist- ance 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 Submittal to insurance. Upon its completion, the Secretaries shall submit the Congress. results of the study to Congress.
PUBLIC LAW 96-362—SEPT. 26, 1980 94 STAT. 1205 (b) CAPITAL REQUIREMENTS PLAN.—Based on the results of the Capital Requirements Study conducted under subsection (a), 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 Submittal to Congress. Congress. REGULATORY CONSTRAINTS ON AQUACULTURE SEC. 9. (a) REGULATORY CONSTRAINTS STUDY.—The Secretaries, 16 use 2808 through the coordinating group, shall conduct, within twelve months after the date of enactment of this Act, 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 aquacul- ture operations; (3) identify and list relevant current State regulations restrict- ing 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 oper- ations 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 ob- tained by means of paragraphs (1) through (4) to identify those regulations and restrictions that could have the most detrimen- tal effect in establishing commercial aquaculture operations in the United States. Upon completion of the study, the Secretaries shall submit its results Submittal to to Congress. Congress. (b) REGULATORY CONSTRAINTS PLAN.—Based on the results of the Regulatory Constraints Study conducted under subsection (a), 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, Submittal to the Secretaries shall submit the plan to Congress. Congress. AUTHORIZATIONS FOR APPROPRIATIONS SEC. 10. For purposes of carrying out the provisions of this Act, 16 USC 2809. there are authorized to be appropriated— (1) to the Department of Agriculture— (A) $7,000,000 for fiscal year 1981, (B) $10,000,000 for fiscal year 1982, and (C) $12,000,000 for fiscal year 1983; (2) to the Department of Commerce— (A) $7,000,000 for fiscal year 1981, (B) $10,000,000 for fiscal year 1982, and (C) $12,000,000 for fiscal year 1983; and
94 STAT. 1206 PUBLIC LAW 96-362—SEPT. 26, 1980 (3) to the Department of the Interior— (A) $3,000,000 for fiscal year 1981, (B) $4,000,000 for fiscal year 1982, and (O $5,000,000 for fiscal year 1983. Funds authorized by this section shall be in addition to, and not in lieu of, funds authorized by any other Act. DISCLAIMEH 16 use 2810. SEC. 11. Nothing in this Act shall be construed to amend, repeal, or otherwise modify the authority of any Federal officer, depsortment, or agency to perform any function, responsibility, or activity authorized under any other provision of law. Approved September 26, 1980. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 96-198, Pt. 1 (Comm. on Merchant Marine and Fisheries) and No. 96-198, Pt. 2, (Comm. on Agriculture) both accompanying H.R. 20. SENATE REPORT No. 96-660 (Comm. on Commerce, Science, and Transportation) and (Comm. on Agriculture, Nutrition and Forestry). CONGRESSIONAL RECORD, Vol. 126 (1980): Apr. 30, considered and passed Senate. Sept. 8, H.R. 20 considered and passed House; passage vacated and S. 1650, amended, passed in lieu. Sept. 11, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 39: Sept. 26, Presidential statement.