16 U.S.C. § 2801 — Congressional findings, purpose, and pol-

Page 2217 TITLE 16—CONSERVATION § 2801 (1) from the definition contained in such subsection (a)(1), or (2) from any other provision of this chapter, any project which utilizes or proposes to utilize natural water features for the generation of electricity, without the need for any dam or im- poundment, in a manner which (as determined by the Commission) will achieve the purposes of this chapter and will do so without any adverse effect upon such natural water features. (Pub. L. 95–617, title IV, § 408, Nov. 9, 1978, 92 Stat. 3156; Pub. L. 96–294, title IV, § 408(a), (c), June 30, 1980, 94 Stat. 718; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 109–58, title II, § 246, Aug. 8, 2005, 119 Stat. 679.) Editorial Notes REFERENCES IN TEXT The Commission, referred to in subsec. (b), means the Federal Energy Regulatory Commission, see section 2602(3) of this title. AMENDMENTS 2005—Subsec. (a)(6). Pub. L. 109–58 substituted ‘‘July 22, 2005’’ for ‘‘April 20, 1977’’. 1986—Subsec. (a)(3), (5). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1980—Subsec. (a). Pub. L. 96–294, § 408(a), (c)(1), des- ignated existing provisions as subsec. (a) and, as so des- ignated, in par. (1) substituted ‘‘30,000’’ for ‘‘15,000’’. Subsec. (b). Pub. L. 96–294, § 408(c)(2), added subsec. (b). CHAPTER 48—NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT Sec. 2801. Congressional findings, purpose, and policy. 2802. Definitions. 2803. National Aquaculture Development Plan. 2804. Functions and powers of Secretaries. 2805. Coordination of national activities regarding aquaculture. 2806. Contracts and grants. 2807. Capital requirements for aquaculture. 2808. Regulatory constraints on aquaculture. 2809. Authorizations for appropriations. 2810. Disclaimer. § 2801. Congressional findings, purpose, and pol- icy (a) Findings Congress finds the following: (1) The harvest of certain species of fish and shellfish exceeds levels of optimum sustain- able 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 af- fects the national balance of payments and contributes to the uncertainty of supplies. (3) Although aquaculture currently contrib- utes approximately 13 percent of world seafood production, less than 6 percent of current United States seafood production results from aquaculture. Domestic aquacultural produc- tion, therefore, has the potential for signifi- cant 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 pol- lution. (5) The rehabilitation and enhancement of fish and shellfish resources are desirable appli- cations of aquacultural technology. (6) The principal responsibility for the devel- opment 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 in- hibited by many scientific, economic, legal, and production factors, such as inadequate credit, diffused legal jurisdiction, the lack of management information, the lack of sup- portive Government policies, and the lack of reliable supplies of seed stock. (8) Many areas of the United States are suit- able 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 Agri- culture as the lead Federal agency with re- spect to the coordination and dissemination of national aquaculture information by desig- nating the Secretary of Agriculture as the per- manent 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 sec- tors of the economy; that will result in increased aquacultural pro- duction, the coordination of domestic aqua- culture efforts, the conservation and enhance- ment of aquatic resources, the creation of new industries and job opportunities, and other na- tional benefits. (c) Policy Congress declares that aquaculture has the po- tential for reducing the United States trade def- icit in fisheries products, for augmenting exist- ing commercial and recreational fisheries and for producing other renewable resources, there- by assisting the United States in meeting its fu- ture food needs and contributing to the solution of world resource problems. It is, therefore, in the national interest, and it is the national pol- icy, to encourage the development of aqua- culture in the United States. (Pub. L. 96–362, § 2, Sept. 26, 1980, 94 Stat. 1198; Pub. L. 99–198, title XVII, § 1732, Dec. 23, 1985, 99 Stat. 1641.) Editorial Notes AMENDMENTS 1985—Subsec. (a)(3). Pub. L. 99–198, § 1732(1), sub- stituted ‘‘13 percent’’ for ‘‘10 per centum’’ and ‘‘6 per- cent’’ for ‘‘3 per centum’’. 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 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 cor- poration, partnership, association or other en- tity (including, but not limited to, any com- munity development corporation, producer co- operative, or fishermen’s cooperative) orga- nized 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 Sec- retary of Agriculture, the Secretary of Com- merce, and the Secretary of the Interior. (8) The term ‘‘Secretary’’ means the Sec- retary of Agriculture. (9) The term ‘‘State’’ means any of the sev- eral 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 Ter- ritory of the Pacific Islands, or any other ter- ritory or possession of the United States. (Pub. L. 96–362, § 3, Sept. 26, 1980, 94 Stat. 1199; Pub. L. 99–198, title XVII, § 1733, Dec. 23, 1985, 99 Stat. 1641.) Editorial Notes AMENDMENTS 1985—Pars. (8), (9). Pub. L. 99–198 added par. (8) and re- designated former par. (8) as (9). Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 2803. National Aquaculture Development Plan (a) In general (1) Within eighteen months after September 26, 1980, the Secretaries shall establish the Na- tional Aquaculture Development Plan. (2) In developing the Plan, and revisions there- to under subsection (d), beginning not later than six months after September 26, 1980, the Sec- retary shall consult with the Secretary of Com- merce 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 Sec- retary shall give interested persons and organi- zations an opportunity to comment during the development of the Plan. (b) Contents of Plan The Plan shall— (1) identify aquatic species that the Secre- taries 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 develop- ment, technical assistance, demonstration, ex- tension 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 oper- ation, (B) water quality management, (C) use of waste products (including ther- mal effluents), (D) nutrition and the development of eco- nomical feeds, including natural food sources, (E) life history, genetics, physiology, pa- thology, and disease control (including re- search regarding organisms that may not be harmful to fish and shellfish, but are inju- rious 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 pro- grams on the effect of aquaculture on estua- rine and other water areas and on the manage- ment of such areas for aquaculture;