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16 U.S.C. § 2803 — National Aquaculture Development Plan
Federal law — U.S. Code and appendices · legal_authorities
**(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852&num=0&edition=prelim), 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 marke
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Source file: Laws/federal/codes/united-states-code/title-16/section-2803-national-aquaculture-development-plan--66a06a611e.md
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Source location: Title 16, Chapter 48, § 2803; chapter-048-national-aquaculture-policy-planning-and-development.md
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**(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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1852&num=0&edition=prelim), 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), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment**
(1) There shall be established, within 120 days after April 13, 1976, eight Regional Fishery Management Councils, as follows:
(A) *New England Council* — The New England Fishery Management Council shall consist of the States of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(B) *Mid-Atlantic Council* — The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New Jersey, Delaware, Pennsylvania, Maryland, Virginia, and North Carolina and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic Council shall have 21 voting members, including 13 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(C) *South Atlantic Council* — The South Atlantic Fishery Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each such State).
(D) *Caribbean Council* — The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of P
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2805&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2803&num=0&edition=prelim).
(7) The term “Secretaries” means the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Interior.
(8) The
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2802
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Federal law — U.S. Code and appendices · legal_authorities
Page 2218
TITLE 16—CONSERVATION
§ 2802
Subsec. (a)(7). Pub. L. 99–198, § 1732(2), inserted ‘‘sci-
entific,’’ before ‘‘economic,’’ and ‘‘the lack of sup-
portive Government policies,’’ after ‘‘management in-
formation,’’.
Subsec. (b)(3), (4). Pub. L. 99–198, § 1732(3), added par.
(3) and redesignated former par. (3) as (4).
Subsec. (c). Pub. L. 99–198, § 1732(4), inserted ‘‘or re-
ducing the United States trade deficit in fisheries prod-
ucts,’’.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1985 AMENDMENT
Pub. L. 99–198, title XVII, § 1731, Dec. 23, 1985, 99 Stat.
1641, provided that: ‘‘This subtitle [subtitle C [D]
(§§ 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 Im-
provement Act of 1985’.’’
SHORT TITLE
Pub. L. 96–362, § 1, Sept. 26, 1980, 94 Stat. 1198, pro-
vided: ‘‘That this Act [enacting this chapter] may be
cited as the ‘National Aquaculture Act of 1980’.’’
§ 2802. Definitions
As used in this chapter, unless the context
otherwise requires—
(1) The term ‘‘aquaculture’’ means the prop-
agation and rearing of aquatic species in con-
trolled or selected environments, including,
but not limited to, ocean ranching (except pri-
vate ocean ranching of Pacific salmon for prof-
it in those States where such ranching is pro-
hibited 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 lim-
ited to, any laboratory, hatchery, rearing
pond, raceway, pen, incubator, or other equip-
ment used in aquaculture.
(3) The term ‘‘aquatic species’’ means any
species of finfish, mollusk, crustacean, or
other aquatic
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