Public Law 96-362 National Aquaculture Act of 1980

F:\COMP\AGRES\NAA80

10. NATIONAL AQUACULTURE ACT OF 1980
[As Amended Through Public Law 107–293, Nov. 13, 2002]

10–1

F:\COMP\AGRES\NAA80

F:\COMP\AGRES\NAA80

10. NATIONAL AQUACULTURE ACT OF 1980
Act of September 26, 1980, Public Law 96–362, 94 Stat. 1198
AN ACT To provide for the development of aquaculture in the United States and
for other purposes

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the ‘‘National Aquaculture Act of 1980’’.
FINDINGS, PURPOSE, AND POLICY

SEC. 2. ø16 U.S.C. 2801¿ (a) FINDINGS.—Congress finds the following:
(1) The harvest of certain species of fish and shellfish exceeds levels of optimum sustainable yield, thereby making it
more difficult to meet the increasing demand for aquatic food.
(2) To satisfy the domestic market for aquatic food, the
United States imports more than 50 per centum of its fish and
shellfish, but this dependence on imports adversely affects the
national balance of payments and contributes to the uncertainty of supplies.
(3) Although aquaculture currently contributes approximately 13 percent of world seafood production, less than 6 percent of current United States seafood production results from
aquaculture. Domestic aquaculture production, therefore, has
the potential for significant growth.
(4) Aquaculture production of aquatic plants can provide
sources for food, industrial materials, pharmaceuticals, and energy, and can assist in the control and abatement of pollution.
(5) The rehabilitation and enhancement of fish and shellfish resources are desirable applications of aquaculture technology.
(6) The principal responsibility for the development of
aquaculture in the United States must rest with the private
sector.
(7) Despite its potential, the development of aquaculture in
the United States has been inhibited by many scientific, economic, legal, and production factors, such as inadequate credit,
diffused legal jurisdiction, the lack of management information, the lack of supportive Government policies, and lack of
reliable supplies of seed stock.
(8) Many areas of the United States are suitable for aquaculture, but are subject to land-use or water-use management
policies that do not adequately consider the potential for aquaculture and may inhibit the development of aquaculture.
(b) PURPOSE.—It is the purpose of this Act to promote aquaculture in the United States by—
(1) declaring a national aquaculture policy;
10–3

F:\COMP\AGRES\NAA80
Sec. 3

NATIONAL AQUACULTURE ACT OF 1980

10–4

(2) establishing and implementing a national aquaculture
development plan;
(3) establishing the Department of Agriculture as the lead
Federal agency with respect to the coordination and dissemination of national aquaculture information by designating the
Secretary of Agriculture as the permanent chairman of the coordinating group and by establishing a National Aquaculture
Information Center within the Department of Agriculture; and
(4) encouraging aquaculture activities and programs in
both the public and private sectors of the economy;
that will result in increased aquaculture production, the coordination of domestic aquaculture efforts, the conservation and enhancement of aquatic resources, the creation of new industries and job
opportunities, and other national benefits.
(c) POLICY.—Congress declares that aquaculture has the potential for reducing the United States trade deficit in fisheries products, for augmenting existing commercial and recreational fisheries
and for producing other renewable resources, thereby assisting the
United States in meeting its future food needs and contributing to
the solution of world resource problems. It is, therefore, in the national interest, and it is the national policy, to encourage the development of aquaculture in the United States.
DEFINITIONS

SEC. 3. ø16 U.S.C. 2802¿ As used in this Act, unless the context otherwise requires—
(1) The term ‘‘aquaculture’’ means the propagation and
rearing of aquatic species in controlled or selected environments, including, but not limited to, ocean ranching (except
private ocean ranching of Pacific salmon for profit in those
States where such ranching is prohibited by law).
(2) The term ‘‘aquaculture facility’’ means any land, structure, or other appurtenance that is used for aquaculture and
is located in any State. Such term includes, but is not limited
to, any laboratory, hatchery, rearing pond, raceway, pen, incubator, or other equipment used in aquaculture.
(3) The term ‘‘aquatic species’’ means any species of finfish,
mollusk, crustacean, or other aquatic invertebrate, amphibian,
reptile, or aquatic plant.
(4) The term ‘‘coordinating group’’ means the interagency
aquaculture coordinating group established by section 6.
(5) The term ‘‘person’’ means any individual who is a citizen or national of the United States or of any State, any Indian tribe, any institution of higher education, and any corporation, partnership, association or other entity (including,
but not limited to, any community development corporation,
producer cooperative, or fishermen’s cooperative) organized or
existing under the laws of any State.
(6) The term ‘‘Plan’’ means the National Aquaculture
Development Plan required to be established under section 4.
(7) The term ‘‘Secretaries’’ means the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the
Interior.

F:\COMP\AGRES\NAA80
10–5

NATIONAL AQUACULTURE ACT OF 1980

Sec. 4

(8) The term ‘‘Secretary’’ means the Secretary of Agriculture.
(9) The term ‘‘State’’ means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands of the United States, Guam,
the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands, or any other territory or
possession of the United States.
NATIONAL AQUACULTURE DEVELOPMENT PLAN

SEC. 4. ø16 U.S.C. 2803¿ (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 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 302 of the Fishery Conservation and
Management Act of 1976 (16 U.S.C. 1852)1, and representatives of
the acquaculture 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;
1 The short title of the Act cited in this paragraph is actually the ‘‘Magnuson–Stevens Fishery
Conservation and Management Act’’.

F:\COMP\AGRES\NAA80
Sec. 4

NATIONAL AQUACULTURE ACT OF 1980

10–6

(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 Act.
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), 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;

F:\COMP\AGRES\NAA80
10–7

NATIONAL AQUACULTURE ACT OF 1980

Sec. 5

(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.
FUNCTIONS AND POWERS OF SECRETARIES 1

SEC. 5. ø16 U.S.C. 2804¿ (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 302 of the
Fishery Conservation and Management Act of 1976 (16 U.S.C.
1852)2;
(3) encourage the implementation of aquaculture technology in the rehabilitation and enhancement of publicly
owned fish and shellfish stocks (including rehabilitation and
enhancement by 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 aquaculture 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
1 Public

Law 104–40 (109 Stat. 350, 16 U.S.C. 2804 note) provides as follows:

SECTION 1. COLLECTION OF FEES FOR TRIPLOID GRASS CARP CERTIFICATION
INSPECTIONS.
(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).
2 The short title of the Act cited in this paragraph is actually the ‘‘Magnuson–Stevens Fishery
Conservation and Management Act’’.

F:\COMP\AGRES\NAA80
Sec. 5

NATIONAL AQUACULTURE ACT OF 1980

10–8

(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 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 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 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 evalua1 The

second comma in subsection (d) is not necessary.

F:\COMP\AGRES\NAA80
10–9

NATIONAL AQUACULTURE ACT OF 1980

Sec. 6

tion 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
late than February 1, 1988.
COORDINATION OF NATIONAL ACTIVITIES REGARDING AQUACULTURE

SEC. 6. ø16 U.S.C. 2805¿ (a) ESTABLISHMENT.—There is established within the Office of Science and Technology Policy an interagency aquaculture coordinating group that shall, subject to subsection (f), operate as a Joint Subcommittee on Aquaculture of the
Federal Coordinating Council on Science, Engineering, and Technology (hereinafter in this section referred to as the ‘‘Federal Council’’) established by Executive Order 12039, dated February 24,
1978. The coordinating group shall be composed of the following
members or their designees:
(1) The Secretary of Agriculture, who shall be the permanent chairman of the coordinating group.
(2) The Secretary of Commerce.
(3) The Secretary of the Interior.
(4) The Secretary of Energy.
(5) The Secretary of Health and Human Services.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Chief of Engineers.
(8) The Administrator of the Small Business Administration.
(9) The Administrator of the Agency for International
Development.
(10) The Chairman of the Tennessee Valley Authority,
(11) The Director of the National Science Foundation.
(12) The Governor of the Farm Credit Administration.
(13) The heads of such other Federal agencies as are
deemed appropriate by the Director of the Office of Science and
Technology Policy (hereinafter in this section referred to as the
‘‘Director’’), after consultation with the coordinating group.
(b) PURPOSE AND FUNCTIONS.—The purpose of the coordinating
group is to increase the overall effectiveness and productivity of
Federal aquaculture research, transfer, and assistance programs.
In fulfilling this purpose the coordinating group shall—
(1) review the national needs for aquaculture research,
transfer, and assistance;
(2) assess the effectiveness and adequacy of Federal efforts
to meet those national needs;
(3) undertake planning, coordination, and communication
among Federal agencies engaged in the science, engineering,
and technology of aquaculture;
(4) collect, compile, and disseminate information on aquaculture;
(5) encourage joint programs among Federal agencies in
areas of mutual interest; and
(6) recommend to the Federal Council specific actions on
issues, problems, plans, and programs in aquaculture.

F:\COMP\AGRES\NAA80
Sec. 7

NATIONAL AQUACULTURE ACT OF 1980

10–10

(c) REPORTS.—The coordinating group shall regularly report to
the chairman of the Federal Council on the coordinating group’s
activities and on recommendations concerning Federal policies and
programs related to aquaculture.
(d) FEDERAL CONSISTENCY.—Each Federal department and
agency that has functions or responsibilities with respect to aquaculture or has jurisdiction over any activity that affects, or that
may affect, the achievement of the purpose and policy of this Act,
shall, in consultation with the coordinating group and to the maximum extent practicable, perform such function, responsibility, or
activity in a manner that is consistent with the purpose and policy
of this Act.
(e) FUNCTIONS IF FEDERAL COUNCIL TERMINATED.—If at any
time after the date of the enactment of this Act, the functions of
the Federal Council are by executive action terminated or transferred to an agency other than the Office of Science and Technology
Policy, the coordinating group shall carry out its purpose under the
direction of the Director. In that event, the recommendations of the
coordinating group referred to in subsection (b)(6) and the reports
required under subsection (c) shall be made to the Director.
CONTRACTS AND GRANTS

SEC. 7. ø16 U.S.C. 2806¿ (a) IN GENERAL.—The Secretaries
may each carry out any action that such Secretary is responsible
for implementing under the Plan through grants to, or contracts
with, any person, any other Federal department or agency, any
State agency, or any regional commission.
(b) TERMS AND CONDITIONS.—Any contract entered into, or any
grant made, under subsection (a) shall contain such terms and conditions as the Secretary concerned shall by regulation prescribe as
being necessary or appropriate to protect the interests of the
United States. No contract may be entered into, and no grant may
be made under subsection (a), for any purpose that is in violation
of any applicable State or local law.
(c) LIMITATION.—The amount of any grant made under subsection (a) may not exceed an amount equal to one-half the estimated cost of the project for which the grant is made.
(d) AUDIT.—Each recipient of a grant or contract under this
section shall make available to the Secretary concerned and to the
Comptroller General of the United States, for purposes of audit and
examination, any book, document, paper, or record that is pertinent
to the funds received under such grant or contract.
CAPITAL REQUIREMENTS FOR AQUACULTURE

SEC. 8. ø16 U.S.C. 2807¿ (a) CAPITAL REQUIREMENTS STUDY.—
The Secretaries through the coordinating group, shall conduct
within twelve months after the date of enactment of this Act, a
study of the capital requirements of the United States aquaculture
industry. The study shall—
(1) document and analyze any capital constraints that affect the development of aquaculture in the United States; and

F:\COMP\AGRES\NAA80
10–11

NATIONAL AQUACULTURE ACT OF 1980

Sec. 9

(2) evaluate the role that appropriate Federal financial
assistance does or could play in filling gaps in the normal
credit market with respect to aquaculture.
The study will identify the capital needs of the United States aquaculture industry, with emphasis on the needs that are not being
filled either in normal credit channels or through government programs for direct loans, loan guarantees, disaster loans, and insurance. Upon its completion, the Secretaries shall submit the results
of the study to Congress.
(b) CAPITAL REQUIREMENTS PLAN.—Based on the results of the
Capital Requirement Study conducted under subsection (a), and
within six months of the completion of the study, the Secretaries
shall formulate a plan for acting on the study’s findings. The plan
shall include: (1) those Federal actions, if any, found to be necessary to meet financial needs unmet through normal credit channels and existing Federal programs; and (2) recommendations, if
any, for legislative actions. Upon completion, the plan shall be submitted to Congress.
REGULATORY CONSTRAINTS ON AQUACULTURE

SEC. 9. ø16 U.S.C. 2808¿ (a) REGULATORY CONSTRAINTS
STUDY.—The Secretaries, through the coordinating group, shall
conduct, within twelve months after the date of enactment of this
Act, a study of the State and Federal regulatory restrictions to
aquaculture development in the United States. The study shall—
(1) include a literature review and a descriptive list identifying the parameters of the issue;
(2) identify and list relevant current and pending Federal
regulations restricting the development of commercial aquaculture operations;
(3) identify and list relevant current State regulations restricting the development of commercial aquaculture operations in five States selected randomly in five separate geographic regions of the United States.
(4) conduct case studies of ten commercial aquaculture
operations in the United States representing a wide range of
marine and fresh water species to determine the practical effects of regulatory restrictions on aquaculture; and
(5) develop a flow-chart time line using the information obtained by means of paragraphs (1) through (4) to identify those
regulations and restrictions that could have the most detrimental effect in establishing commercial aquaculture operations in the United States.
Upon completion of the study, the Secretaries shall submit its results to Congress.
(b) REGULATORY CONSTRAINTS PLAN.—Based on the results of
the Regulatory Constraints Study conducted under subsection (a),
and within six months of the study’s completion, the Secretaries
shall formulate a plan for acting on the study’s findings. The plan
will contain specific steps the Federal Government can take to remove unnecessarily burdensome regulatory barriers to the initiation and operation of commercial aquaculture ventures. Upon its
completion, the Secretaries shall submit the plan to Congress.

F:\COMP\AGRES\NAA80
Sec. 10

NATIONAL AQUACULTURE ACT OF 1980

10–12

AUTHORIZATIONS FOR APPROPRIATIONS

SEC. 10. ø16 U.S.C. 2809¿ For purposes of carrying out the
provisions of this Act, there are authorized to be appropriated—
(1) to the Department of Agriculture, $1,000,000 for each
of fiscal years 1991 through 2007;
(2) to the Department of Commerce, $1,000,000 for each of
fiscal years 1991 through 2007; and
(3) to the Department of Interior, $1,000,000 for each of
fiscal years 1991 through 2007.
Funds authorized by this section shall be in addition to, and not
in lieu of, funds authorized by any other Act.
DISCLAIMER

SEC. 11. ø16 U.S.C. 2810¿ Nothing in this Act shall be construed to amend, repeal, or otherwise modify the authority of any
Federal officer, department, or agency to perform any function,
responsibility, or activity authorized under any other provision of
law.