§ 2803. National Aquaculture Development Plan

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   National Aquaculture Act of 1980

   Pub. L. 96–362 § 4 · 94 Stat. 1198

   Enacted · 16 U.S.C. § 2803

   Pub. L. 96–362, § 4, Sept. 26, 1980, 94 Stat. 1199

   Source evidence

   Code source credit
   Pub. L. 96–362, § 4, Sept. 26, 1980, 94 Stat. 1199

   Enacted provision · exact public law section
   Sec. 4. national aquaculture development plan (a) In General.— (1) Within eighteen months after the date of the enactment of this Act, the Secretaries shall establish the National Aquaculture Development Plan. (2) In developing the Plan, and revisions thereto under subsection (d), beginning not later than six months after the date of enactment of this Act, the Secretaries shall consult with other appropriate Federal officers, States, regional fishery management councils established under section 302 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852), and representatives of the aquaculture industry. In addition, the Secretaries shall give interested persons Comments. and organizations an opportunity to comment during the development of the Plan. (3) If the Secretaries deem it to be appropriate, they may establish, and appoint the members of, an advisory committee to assist in the initial development of the Plan. Individuals appointed to the advisory committee shall be knowledgeable or experienced in the principles Travel expenses. and practices of aquaculture. The members of the advisory committee (other than officers or employees of the Federal Government), while away from their homes or regular places of business in the performance of services for the advisory committee, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5 of the United States Code. (b) Contents of Plan.— The Plan shall— (1) identify aquatic species that the Secretaries determine 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 Secretaries deem necessary or appropriate to carry out this Act. In formulating the Plan, the Secretaries 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 Secretaries determine 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); and 15 USC 1511 note. (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. (d) Revision of Plan.— The Secretaries shall undertake periodic Periodic reviews. 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), 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.

2. 1980

   Magnuson Fishery Conservation and Management Act

   Pub. L. 96–561 title II § 238(b) · 94 Stat. 3275

   Changed · 16 U.S.C. § 2803(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Effective 15 days after the date of enactment of this title, all references to the Fishery Conservation and Management Act of 1976 shall be redesignated as references to the Magnuson Fishery Conservation and Management Act.

3. 1985

   National Agricultural Policy Commission Act of 1985

   Pub. L. 99–198 § 1734(1)(A) · 99 Stat. 1354

   1. Substituted · 16 U.S.C. § 2803(a)(2)

      Pub. L. 99–198, § 1734(1)(A), (B), substituted “Secretary” for “Secretaries” wherever appearing

   2. Inserted · 16 U.S.C. § 2803(a)(2)

      Pub. L. 99–198, § 1734(1)(A), (B), inserted provisions requiring consultations with the Secretary of Commerce and the Secretary of the Interior

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 99–198, § 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.

   Enacted provision · exact public law section
   (A) by striking out “Secretaries” each place it appears in paragraph (2) and inserting in lieu thereof “Secretary”;

4. 1985

   National Agricultural Policy Commission Act of 1985

   Pub. L. 99–198 § 1734(1)(C) · 99 Stat. 1354

   Struck · 16 U.S.C. § 2803(a)(3)

   Pub. L. 99–198, § 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

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 99–198, § 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.

   Enacted provision · exact public law section
   (C) by striking out paragraph (3).

5. 1985

   National Agricultural Policy Commission Act of 1985

   Pub. L. 99–198 § 1734(2) · 99 Stat. 1354

   1. Inserted · 16 U.S.C. § 2803(b)

      Pub. L. 99–198, § 1734(2), inserted “to” after “determine” in par. (1)

   2. Substituted · 16 U.S.C. § 2803(b)

      Pub. L. 99–198, § 1734(2), substituted “Secretary deems” for “Secretaries deem” in par. (6)

   3. Substituted · 16 U.S.C. § 2803(b)

      Pub. L. 99–198, § 1734(2), substituted “Secretary” for “Secretaries” in provisions following par. (6)

   Source evidence

   Code amendment note
   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 substituted “Secretary” for “Secretaries” in provisions following par. (6).

   Enacted provision · exact public law section
   (2) Subsection (b) is amended— (A) by inserting “to” immediately after “determine” in paragraph (1); (B) by striking out “Secretaries deem” in paragraph (6) and inserting in lieu thereof “Secretary deems”; and (C) by striking out “Secretaries” in the matter following paragraph (6) and inserting in lieu thereof “Secretary”.

6. 1985

   National Agricultural Policy Commission Act of 1985

   Pub. L. 99–198 § 1734(3)(A) · 99 Stat. 1354

   Substituted · 16 U.S.C. § 2803(c)(1)

   Pub. L. 99–198, § 1734(3)(A), substituted “Secretary determines” for “Secretaries determine”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 99–198, § 1734(3)(A), substituted “Secretary determines” for “Secretaries determine”.

   Enacted provision · exact public law section
   (A) by striking out “Secretaries determine” in paragraph (1) and inserting in lieu thereof “Secretary determines”;

7. 1985

   National Agricultural Policy Commission Act of 1985

   Pub. L. 99–198 § 1734(3)(B) · 99 Stat. 1354

   Added · 16 U.S.C. § 2803(c)(2)(C)

   Pub. L. 99–198, § 1734(3)(B)–(D), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 99–198, § 1734(3)(B)–(D), added subpar. (C).

   Enacted provision · exact public law section
   (B) by striking out “and” at the end of paragraph (2)(A);

8. 1996

   Amber Hagerman Child Protection Act of 1996

   Pub. L. 104–208 div. A title I § 101(a)(tII)(s211)(b) · 110 Stat. 3009

   Changed · 16 U.S.C. § 2803(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

   Effective date note
   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.

11 of 11 references resolved to an enrolled provision