§ 2804. Functions and powers of Secretaries

Footnotes

1. 1 So in original.

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 § 5 · 94 Stat. 1198

   Enacted · 16 U.S.C. § 2804

   Pub. L. 96–362, § 5, Sept. 26, 1980, 94 Stat. 1201

   Source evidence

   Code source credit
   Pub. L. 96–362, § 5, Sept. 26, 1980, 94 Stat. 1201

   Enacted provision · exact public law section
   Sec. 5. functions and powers of secretaries (a) Mandatory Functions.— In implementing the Plan, the 16 USC 2804. 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 302 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852); (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 required functions under this Act, 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 (a). (2) Any production information submitted to the Secretaries under paragraph (1)(B) shall be confidential and may only be disclosed if required under court order. The Secretaries shall prescribe such procedures as may be necessary to 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 Secretaries, through the coordinating group, shall prepare on a biennial basis, and submit to Congress, a report on the status of aquaculture in the United States. Each 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 under section 4(d) during the reporting period, and such other comments and recommendations as the Secretaries deem appropriate. The first report required under this subsection shall be submitted to Congress by September 30, 1981.

2. 1980

   Magnuson Fishery Conservation and Management Act

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

   Changed · 16 U.S.C. § 2804(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 § 1735(1) · 99 Stat. 1354

   Amended · 16 U.S.C. § 2804(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) Subsection (c) is amended to read as follows: “(c) Information Services.— (1) In addition to performing such other mandatory functions under this Act— “(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 Act 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 specie 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.”.

4. 1985

   National Agricultural Policy Commission Act of 1985

   Pub. L. 99–198 § 1735(1) · 99 Stat. 1354

   1. Amended · 16 U.S.C. § 2804(c)(2)

      Pub. L. 99–198, § 1735(1), amended par. (2) generally

   2. Substituted · 16 U.S.C. § 2804(c)(2)

      Pub. L. 99–198, § 1735(1), substituting “The Secretaries shall preserve such confidentiality” for “The Secretaries shall prescribe such procedures as may be necessary to preserve such confidentiality”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) Subsection (c) is amended to read as follows: “(c) Information Services.— (1) In addition to performing such other mandatory functions under this Act— “(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 Act 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 specie 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.”.

5. 1985

   National Agricultural Policy Commission Act of 1985

   Pub. L. 99–198 § 1735(2) · 99 Stat. 1354

   1. Substituted · 16 U.S.C. § 2804(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”

   2. Substituted · 16 U.S.C. § 2804(d)

      Pub. L. 99–198, § 1735(2), substituted “Such” for “Each such”

   3. Substituted · 16 U.S.C. § 2804(d)

      Pub. L. 99–198, § 1735(2), substituted “deems appropriate” for “deem appropriate” in second sentence;

   4. Substituted · 16 U.S.C. § 2804(d)

      Pub. L. 99–198, § 1735(2), 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) Subsection (d) is amended— (A) by striking out “Secretaries” each place it appears and inserting in lieu thereof “Secretary”; (B) by inserting “and in consultation with the Secretary of Commerce and the Secretary of the Interior,” immediately after “group” in the first sentence; (C) in the second sentence by— (i) striking out “Each such” and inserting in lieu thereof “Such”; and (ii) striking out “under section 4(d)”; (D) by striking out “deem” in the second sentence and inserting in lieu thereof “deems”; and (E) by striking out the last sentence and inserting in lieu Report. thereof “The report required by this subsection shall be submitted to the Congress not later than February 1, 1988.”.

6. 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. § 2804(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.

10 of 10 references resolved to an enrolled provision