§2804 — Title 16 Conservation | U.S. Code

Summary

Put the Plan into action by requiring federal department heads (like Agriculture, Commerce, and Interior) to give advice, education, and technical help about aquaculture to people who want it. They must try not to duplicate help other federal or state agencies give. They must work with interested people, agencies, and regional fishery councils. They must encourage using aquaculture to restore public fish and shellfish stocks and to grow private aquaculture businesses. They must also write any rules needed to run the Plan. The department heads may test aquaculture systems, build and run test facilities, and work on ways to improve seed stocks. They must collect and study scientific, technical, legal, and economic information (such as acreages, water use, production, marketing, and culture methods). The Agriculture Secretary must set up a National Aquaculture Information Center, arrange information exchange with other countries and support translations, and report to Congress by December 31, 1986 on industry access to federal farm programs. The Commerce Secretary must study and report by December 31, 1987 on whether commercial aquaculture harms wild fisheries. The Interior Secretary must study and report by December 31, 1987 on exotic species introduced by aquaculture. Any production information given to the department heads is confidential and can only be released by court order, though they may publish aggregated summaries that do not identify anyone. The Agriculture Secretary, with Commerce and Interior, must send Congress a biennial report on U.S. aquaculture status; the first report was due by February 1, 1988.

Title 16, §2804

Conservation — Source: USLM XML via OLRC

(a)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)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)(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)The Secretary, through the coordinating group and in consultation with the Secretary of Commerce and the Secretary of the Interior,,11 So in original. 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, an 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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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, § 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, § 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.

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 section is effective 15 days after Dec. 22, 1980. Collection of Fees for Triploid Grass Carp Certification Inspections Pub. L. 104–40, § 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).”

§2804 Functions and powers of Secretaries

Summary

Title 16, §2804

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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