§ 2803. — National Aquaculture Development Plan.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2803]
TITLE 16--CONSERVATION
CHAPTER 48--NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
Sec. 2803. National Aquaculture Development Plan
(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.
(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.)
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, 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.
Section Referred to in Other Sections
This section is referred to in section 2802 of this title.
