§ 2804. — Functions and powers of Secretaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2804]
TITLE 16--CONSERVATION
CHAPTER 48--NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT
Sec. 2804. Functions and powers of Secretaries
(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.
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\1\ So in original.
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(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.)
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).''
