16 U.S.C. § 2803 — National Aquaculture Development Plan

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; Page 2219 TITLE 16—CONSERVATION § 2804 (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 develop- ment, technical assistance, demonstration, ex- tension 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 pro- posed 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 ac- tion should be completed, in order to imple- ment the Plan; and (2) with respect to each such action which of the Secretaries, acting individually, jointly, or collectively, has the responsibility for im- plementing 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 re- spective Secretaries by law or by any execu- tive action having the effect of law (including, but not limited to, Reorganization Plan Num- bered 4 of 1970); (B) the experience, expertise, and other ap- propriate resources that the department of each such Secretary may have with respect to the action required under the activity con- cerned; and (C) the concurrence of the Secretaries. (d) Revision of Plan The Secretaries shall undertake periodic re- views of the operation and effectiveness of the Plan. If as a result of any such review, or the aquaculture assessment required under sub- section (e), the Secretaries determine that— (1) any aquatic species not currently identi- fied 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 war- rant 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 pur- pose of maintaining, on a continuing basis— (1) a complete profile of the aquacultural in- dustry with respect to the incidence, size, and status of commercial aquacultural enterprises; (2) the identification of the private and pub- lic 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 identifica- tion of aquacultural production regions, spe- cies, and markets that have significant poten- tial for development; (5) a catalog describing all Federal programs and activities that directly or indirectly en- courage, support, or assist aquaculture; and (6) the identification of the economic, phys- ical, legal, institutional, and social con- straints that inhibit the development of aqua- culture in the United States. (Pub. L. 96–362, § 4, Sept. 26, 1980, 94 Stat. 1199; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–198, title XVII, § 1734, Dec. 23, 1985, 99 Stat. 1641; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes 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. 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, § 1734(1)(A), (B), substituted ‘‘Secretary’’ for ‘‘Secretaries’’ wherever ap- pearing and inserted provisions requiring consultations with the Secretary of Commerce and the Secretary of the Interior. Subsec. (a)(3). Pub. L. 99–198, § 1734(1)(C), struck out par. (3) which provided for the establishment of an ad- visory committee to assist in the initial development of the Plan. Subsec. (b). Pub. L. 99–198, § 1734(2), inserted ‘‘to’’ after ‘‘determine’’ in par. (1), substituted ‘‘Secretary deems’’ for ‘‘Secretaries deem’’ in par. (6), and sub- stituted ‘‘Secretary’’ for ‘‘Secretaries’’ in provisions following par. (6). Subsec. (c)(1). Pub. L. 99–198, § 1734(3)(A), substituted ‘‘Secretary determines’’ for ‘‘Secretaries determine’’. Subsec. (c)(2)(C). Pub. L. 99–198, § 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. § 2804. Functions and powers of Secretaries (a) Mandatory functions In implementing the Plan, the Secretaries shall—