[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4854 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 4854
To amend the National Aquaculture Act of 1980 to promote the
development of the aquaculture industry in the United States, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 1994
Mr. Studds (for himself and Mr. Young of Alaska) introduced the
following bill; which was referred jointly to the Committees on
Merchant Marine and Fisheries and Agriculture
_______________________________________________________________________
A BILL
To amend the National Aquaculture Act of 1980 to promote the
development of the aquaculture industry 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``National
Aquaculture Development Act of 1994''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Definitions.
Sec. 3. National aquaculture development plan.
Sec. 4. National aquaculture information center.
Sec. 5. Coordination with the aquaculture industry.
Sec. 6. National strategy for private aquaculture.
Sec. 7. Study, compendium, and recommendations regarding regulations
and permit requirements.
Sec. 8. Disaster assistance for aquaculture producers.
Sec. 9. Aquaculture education.
Sec. 10. Eligibility of aquaculture farmers for farm credit assistance.
Sec. 11. International aquaculture information and data collection.
Sec. 12. Aquaculture information network report.
Sec. 13. Authorization of appropriations.
Sec. 14. Stylistic consistency.
(c) References to National Aquaculture Act of 1980.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the National Aquaculture Act of
1980 (16 U.S.C. 2801 et seq.).
SEC. 2. DEFINITIONS.
Section 3 (16 U.S.C. 2802) is amended--
(1) in paragraph (1), by striking ``the propagation'' and
all that follows through the period at the end and inserting
``the controlled cultivation of aquatic plants and animals,
except private ranching of Pacific salmon for profit in States
where such ranching is prohibited by law.'';
(2) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively; and
(3) by inserting before paragraph (8) (as redesignated by
paragraph (2) of this section) the following new paragraph:
``(7) The term `private aquaculture' means aquaculture
conducted by a person that is not a Federal, State, or local
government agency.''.
SEC. 3. NATIONAL AQUACULTURE DEVELOPMENT PLAN.
(a) Authorities of Federal Departments and Agencies.--Section 4 (16
U.S.C. 2803) is amended--
(1) in subsection (b) in the matter preceding paragraph (1)
by striking ``plan'' and inserting ``Plan'';
(2) in subsection (b) by redesignating paragraphs (1)
through (6) as paragraphs (2) through (7), respectively; and
(3) by inserting before paragraph (2) (as redesignated by
paragraph (2) of this subsection) the following:
``(1) clearly outline and define the authorities of the
Departments of Agriculture, Interior, and Commerce and other
relevant Federal agencies, with respect to the development,
promotion, and regulation (including environmental regulation)
of all aquaculture in the United States;''.
(b) Revision of the Plan.--Section 4(d) (16 U.S.C. 2803(d)) is
amended--
(1) by redesignating paragraphs (1), (2), and (3) in order
as subparagraphs (A), (B), and (C);
(2) by inserting ``(1)'' before ``The Secretaries''; and
(3) by adding at the end the following:
``(2) Within 2 years after the date of enactment of the National
Aquaculture Development Act of 1994, the Secretaries shall update the
Plan, incorporating in the Plan the strategies developed under section
7(b) and giving particular attention to the requirements of subsection
(b)(1) of this section.''.
(c) Accomplishments in Aquaculture Programs.--Not later than 1 year
after the date of enactment of this Act, the coordinating group
established under section 6(a) of the National Aquaculture Development
Act of 1980 (16 U.S.C. 2805(a)) shall submit to the Congress a report
evaluating the actions taken in accordance with subsection (d) with
respect to the National Aquaculture Development Plan established under
section 4(a) of that Act (16 U.S.C. 2803(a)), and making
recommendations for updating and modifying the Plan.
SEC. 4. NATIONAL AQUACULTURE INFORMATION CENTER.
Section 5 (16 U.S.C. 2804) is amended--
(1) in subsection (c)(1)(A) by inserting ``environmental
impacts,'' after ``culture techniques,'';
(2) in subsection (c)(1)(B)--
(A) by striking ``Secretary shall--'' and inserting
``Secretary--'';
(B) by striking clause (i) and inserting the
following:
``(i) may establish, within the Department, within
the National Agricultural Library, a National
Aquaculture Information Center that shall--
``(I) serve as a repository and
clearinghouse for the information collected
under subparagraph (A) and other provisions of
this Act;
``(II) carry out a program to notify
organizations, institutions, and individuals
known to be involved in aquaculture of the
existence of the Center and the kinds of
information that the Center can make available
to the public; and
``(III) make available, on request,
information described in subclause (I)
(including information collected under
subsection (e));'';
(C) in clause (ii)--
(i) by inserting ``shall'' before
``arrange''; and
(ii) by striking the comma and inserting a
semicolon; and
(D) in clause (iii), by inserting ``shall'' before
``conduct''; and
(3) in the first sentence of subsection (d), by striking
``Interior,,'' and inserting ``Interior,''.
SEC. 5. COORDINATION WITH THE AQUACULTURE INDUSTRY.
Section 6(b) (16 U.S.C. 2805(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) establish a working relationship with national
organizations, commodity associations, and professional
societies representing aquaculture interests, in order to
facilitate improved communication and interaction among
aquaculture producers, the aquaculture community, the Federal
Government, and the coordinating group.''.
SEC. 6. NATIONAL STRATEGY FOR PRIVATE AQUACULTURE.
The Act (16 U.S.C. 2801 et seq.) is amended--
(1) by redesignating sections 7 through 11 as sections 9
through 13, respectively; and
(2) by inserting after section 6 the following new section:
``SEC. 7. NATIONAL STRATEGY FOR PRIVATE AQUACULTURE.
``(a) In General.--The Secretaries, in coordination with other
agencies, as appropriate, shall develop and implement a national
strategy for private aquaculture in accordance with this section. The
national strategy shall incorporate the department strategies developed
under subsection (b).
``(b) Department Aquaculture Strategies.--
``(1) In general.--The Secretaries shall each develop and
implement an Aquaculture Strategy for their respective
department to support the development of private aquaculture in
the United States.
``(2) Elements of strategies.--The strategy under paragraph
(1) for each department shall--
``(A) incorporate individual department programs
and regulations related to aquaculture, including--
``(i) in the case of the Department of
Agriculture, programs and regulations related
to livestock, crops, products, and commodities;
``(ii) in the case of the Department of the
Interior, programs and regulations related to
fish health, nonindigenous species, fisheries
management, hatcheries, fisheries enhancement,
and environmental protection; and
``(iii) in the case of the Department of
Commerce, programs and regulations related to
fisheries research and management, fisheries
enhancement, technology transfer, environmental
protection, and seafood safety and quality; and
``(B) include means for effective coordination and
implementation of aquaculture activities within and
among the agencies of the departments and between the
departments.
``(3) Implementation.--Within one year after the date of
enactment of the National Aquaculture Development Act of 1994,
the Secretaries shall submit the strategies required by this
subsection to the Congress and to the coordinating group.
``(c) Private Aquaculture Strategy Coordination.--
``(1) Responsibility.--The coordinating group shall
coordinate strategies, policies, and programs for private
aquaculture, including--
``(A) the coordination of interagency
functions and activities relating to private
aquaculture; and
``(B) the establishment of procedures for
the coordination of functions, and
consultation, with the coordinating group.
``(2) Resolution of interagency conflict.--The coordinating
group shall endeavor to resolve any interagency conflict in the
development, coordination, or implementation of the national
strategy developed under subsection (a).
``(d) Treatment of Aquaculture by Department of Agriculture.--
``(1) In general.--The Secretary shall, for purposes of all
programs of the Department of Agriculture, treat private
aquaculture as a form of agriculture.
``(2) Affect on other agencies.--Paragraph (1) shall not be
construed to amend, repeal, or otherwise modify the authority
of any other Federal agency to perform any function,
responsibility, or activity authorized under any other
provision of law.''.
SEC. 7. STUDY, COMPENDIUM, AND RECOMMENDATIONS REGARDING REGULATIONS
AND PERMIT REQUIREMENTS.
Section 11 (as redesignated by section 6(1) of this Act) is amended
to read as follows:
``SEC. 11. STUDY, COMPENDIUM, AND RECOMMENDATIONS REGARDING REGULATIONS
AND PERMIT REQUIREMENTS.
``(a) Study.--Within one year after the date of enactment of the
National Aquaculture Development Act of 1994, the Secretaries, through
the coordinating group and incorporating any previous work that has
been done by the coordinating group and others, shall conduct a study
of Federal and State regulations and permits applicable to the United
States aquaculture industry. The study shall--
``(1) include a compilation of all Federal and State
regulations and permit requirements applicable to marine and
fresh water aquaculture operations;
``(2) include a specific compilation of all Federal and
State regulations affecting the interstate transport of
aquaculture products; and
``(3) identify any duplicative or conflicting regulations.
``(b) Compendium.--
``(1) In general.--Upon completion of the study under
subsection (a), the coordinating group shall publish a
compendium of all Federal and State regulations and permit
requirements applicable to marine and fresh water aquaculture
operations in the United States. The compendium shall
specifically identify, but shall not be limited to, those
Federal and State regulations affecting interstate movement of
aquaculture products.
``(2) Format.--The compendium under paragraph (1) shall be
published in a format that can be made easily available to the
aquaculture industry.
``(3) Update.--The coordinating group shall periodically
update the compendium as necessary.
``(c) Framework for Regulation and Permitting.--Based upon the
results of the study required by subsection (a), the coordinating group
shall develop and recommend to the Secretaries and the Congress a
coordinated regulatory and permitting framework for aquaculture
operations that would result in more coordinated and consistent
regulations among States, between States and the Federal Government,
and among Federal agencies. In developing the framework, the
coordinating group shall--
``(1) consider States that have already developed
coordinated regulatory and permitting processes;
``(2) ensure that the framework would not compromise or
diminish the environmental protections and fishery management
programs provided by existing Federal and State laws,
regulations, and permits that apply to aquaculture; and
``(3) identify changes that could be made in current State
and Federal regulations to achieve such consistency and
coordination.''.
SEC. 8. DISASTER ASSISTANCE FOR AQUACULTURE PRODUCERS.
(a) In General.--Section 2244 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 1421 note) is amended--
``(1) in subsection (a)(1)(A)(ii), by inserting ``, if
applicable,'' after ``subsection (d)(2) for such crop''; and
(2) in subsection (d)(1), by inserting ``and aquatic
species,'' after ``was not available for crop year 1990,''.
(b) Limitation.--The amendments made by subsection (a) shall apply
only to the extent appropriations are made available after the date of
enactment of this Act to carry out the amendments.
SEC. 9. AQUACULTURE EDUCATION.
The Act (16 U.S.C. 2801 et seq.) is further amended by inserting
after section 7 (as added by section 6 of this Act) the following new
section:
``SEC. 8. AQUACULTURE EDUCATION.
``(a) Authorization of Program.--The Secretary, in coordination
with the Secretary of Commerce and the Secretary of the Interior, may
establish a program to expand and improve aquaculture instruction and
curriculum in secondary schools and postsecondary vocational
institutions.
``(b) Grants and Curriculum.--In carrying out subsection (a), the
Secretary may, subject to the availability of appropriations--
``(1) make grants to--
``(A) establish and maintain aquaculture learning
centers in secondary schools and postsecondary
vocational institutions;
``(B) promote aquaculture technology transfer; and
``(C) educate consumers and the public concerning
the benefits of aquaculture; and
``(2) develop curriculum and supporting materials on
aquaculture farming, field test the content of the curriculum,
and supply training to educators at secondary schools and
postsecondary vocational institutions on the aquaculture
curriculum and materials developed.
``(c) Priority for Grants.--In awarding grants under subsection
(b)(1), the Secretary shall give priority to grants for--
``(1) proposed aquaculture learning centers that can gain
access to--
``(A) a commercial aquaculture farm;
``(B) a regional aquaculture center established by
the Secretary under section 1475(d) of the National
Agricultural Research, Extension, and Teaching Policy
of 1977 (7 U.S.C. 3322(d));
``(C) an aquaculture research or demonstration
facility; or
``(D) a similar venture that wood afford students
the opportunity to experience aquaculture research and
development or commercialization;
``(2) such centers that can achieve outreach to minority
audiences or students in inner-city schools;
``(3) such centers that can foster awareness of aquaculture
among consumers and the general public;
``(4) such centers that can serve as an aquaculture
education facility for visiting students participating in a
field trip or a similar educational experience for inservice
training; and
``(5) such centers that can obtain assistance from non-
Federal sources.
``(d) Limitation.--A person may not receive a grant under this
section for any particular project for more than 5 fiscal years.
``(e) Definitions.--As used in this section:
``(1) Postsecondary vocational institution.--The term
`postsecondary vocational institution' has the same meaning
given the term by section 481(c) of the Higher Education Act of
1965 (20 U.S.C. 1088(c)), except that the term only includes an
institution that awards an associate degree but does not award
a bachelor's degree.
``(2) Secondary school.--The term `secondary school' has
the same meaning given the term by section 1471(21) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(21)).''.
SEC. 10. ELIGIBILITY OF AQUACULTURE FARMERS FOR FARM CREDIT ASSISTANCE.
(a) In General.--Section 343 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991) is amended by striking ``fish farming''
each place it appears in paragraphs (1) and (2) and inserting
``aquaculture (as the term is defined in section 3(1) of the National
Aquaculture Act of 1980 (16 U.S.C. 2802(1)))''.
(b) Effective Date.--The amendments made by subsection (a) shall
become effective on October 1, 1994.
SEC. 11. INTERNATIONAL AQUACULTURE INFORMATION AND DATA COLLECTION.
Section 502 of the Agricultural Trade Act of 1978 (7 U.S.C. 5692)
is amended by adding at the end the following:
``(d) International Aquaculture Information and Data Collection.--
``(1) In general.--The Secretary may establish and carry
out a program of data collection, data analysis, and
dissemination of information to provide continuing and timely
economic and environmental information concerning international
aquaculture production.
``(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with the coordinating group established
under section 6(a) of the National Aquaculture Act of 1980 (16
U.S.C. 2805(a)), and representatives of the United States
aquaculture industry, concerning means of effectively providing
date described in paragraph (1) to the coordinating group and
the aquaculture industry.''.
SEC. 12. AQUACULTURE INFORMATION NETWORK REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall report to the Congress on the
feasibility of expanding current information systems at regional
aquaculture centers established under section 1475(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3322(d)), universities, research institutions, and the National
Agricultural Library, to permit an on-line link between those entities
for the sharing of data, publications, and technical assistance
information involving aquaculture.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 12 (as redesignated by section 6(1) of this Act) is amended
to read as follows:
``SEC. 12. AUTHORIZATIONS OF APPROPRIATIONS.
``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 the fiscal years 1994, 1995, and 1996;
``(2) to the Department of Commerce, $1,000,000 for each of
the fiscal years 1994, 1995, and 1996;
``(3) to the Department of the Interior, $1,000,000 for
each of the fiscal years 1994, 1995, and 1996; and
``(4) to the coordinating group for conducting the study
required by section 11(a) and for other functions $1,000,000
for each of the fiscal years 1994, 1995, and 1996.
Funds authorized by this section shall be in addition to, and not in
lieu of, funds authorized by any other Act.''.
SEC. 14. STYLISTIC CONSISTENCY.
The National Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.) is
amended so that the section designation and section heading of each
section of the Act is in the form and typeface of the section
designation and heading of this section.
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HR 4854 IH----2