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16 USC CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-CITE-
16 USC CHAPTER 48 - NATIONAL AQUACULTURE POLICY,
PLANNING, AND DEVELOPMENT 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-
CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-MISC1-
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.

-End-



-CITE-
16 USC Sec. 2801 01/19/04

-EXPCITE-
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] (Secs. 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'."

-End-



-CITE-
16 USC Sec. 2802 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-
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.

-End-



-CITE-
16 USC Sec. 2803 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-
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.


-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. (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.

-End-



-CITE-
16 USC Sec. 2804 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT

-HEAD-
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,,(!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.


-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)."

-FOOTNOTE-
(!1) So in original.


-End-



-CITE-
16 USC Sec. 2805 01/19/04

-EXPCITE-
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.


-MISC1-
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.

-End-



-CITE-
16 USC Sec. 2806 01/19/04

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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.)

-End-



-CITE-
16 USC Sec. 2807 01/19/04

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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.)

-End-



-CITE-
16 USC Sec. 2808 01/19/04

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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.)

-End-



-CITE-
16 USC Sec. 2809 01/19/04

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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 (!1) Interior, $1,000,000 for each of
fiscal years 1991 through 2007.


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.

-FOOTNOTE-
(!1) So in original. Probably should be "of the".


-End-



-CITE-
16 USC Sec. 2810 01/19/04

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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.)

-End-