I

104TH CONGRESS

2D SESSION H. R. 2908

To promote international trade and interstate commerce in the broodstock

and seedstock of domesticated salmonid by authorizing the Secretary

of Agriculture to provide diagnostic and certification services to reduce

the risk of transmission of diseases associated with domesticated

salmonid.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 31, 1996

Mr. HASTINGS of Washington introduced the following bill; which was referred

to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To promote international trade and interstate commerce in

the broodstock and seedstock of domesticated salmonid

by authorizing the Secretary of Agriculture to provide

diagnostic and certification services to reduce the risk

of transmission of diseases associated with domesticated

salmonid.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Domesticated

3 Salmonid Broodstock and Seedstock Act of 1996’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) The terms ‘‘salmonid’’ means a specie in

7 the family salmonidae, including each specie of salm8 on and trout.

9 (2) The term ‘‘domesticated’’, with respect to

10 salmonids, means salmonids raised on a farm for

11 profit and held throughout their life-cycle in cap12 tivity.

13 (3) The term ‘‘broodstock’’ means domesticated

14 salmonids intended to be used for reproductive pur15 poses.

16 (4) The term ‘‘seedstock’’ means gametes (egg

17 and sperm) and fertilized (eyed) eggs produced from

18 domesticated salmonid broodstock.

19 (5) The term ‘‘Secretary’’ means the Secretary

20 of Agriculture.

21 SEC. 3. FINDINGS AND PURPOSE.

22 (a) FINDINGS.—The Congress finds that—

23 (1) United States breeders of domesticated

24 salmonids raise broodstock and produce seedstock

25 which are essential to the production of domes-
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1 ticated salmonids in the United States and through2 out the world;

3 (2) the production and dissemination in inter4 state commerce of salmonid broodstock and

5 seedstock provides employment and income in eco6 nomically depressed rural areas and contributes to

7 the expansion of United States exports;

8 (3) various foreign nations, including the mem9 bers of the European Union, have adopted require10 ments that salmonid seedstock imported from the

11 United States and other nations be inspected and

12 certified by a competent authority prior to export;

13 (4) existing Federal and State programs for the

14 inspection and certification of the health status of

15 salmonid broodstock and seedstock are inadequate

16 and inconsistent;

17 (5) the efficient and effective inspection and

18 certification of salmonid breeding facilities,

19 broodstock, and seedstock is essential to the eco20 nomic well-being of the domesticated salmonid

21 broodstock and seedstock industry in the United

22 States; and

23 (6) the Secretary of Agriculture currently pro24 vides inspection and certification services to the live25 stock and live poultry industries and has the tech-
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1 nical expertise and capacity necessary to administer

2 a program to provide similar services to the United

3 States domesticated salmonid broodstock and

4 seedstock industry.

5 (b) PURPOSE.—It is the purpose of this Act—

6 (1) to designate the Secretary of Agriculture as

7 the single competent authority for the health inspec8 tion and certification of salmonid broodstock and

9 seedstock used to produce domesticated salmonids;

10 (2) to promote fair trade and interstate com11 merce in salmonid broodstock and seedstock pro12 duced in the United States, which is used to produce

13 domesticated salmonids; and

14 (3) to reduce the risk of transmission in inter15 state commerce of diseases, pathogens and pests in

16 domesticated salmonid broodstock and seedstock to

17 the extent practicable.

18 SEC. 4. PREVENTION OF INTRODUCTION AND SPREAD OF

19 CONTAGION.

20 (a) REQUIRED ACTIVITIES.—In cooperation with pro21 ducers of domesticated salmonid seedstock, the Secretary

22 of Agriculture shall establish a comprehensive program

23 with regard to domesticated salmonid broodstock and

24 seedstock to—
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1 (1) provide diagnostic and certification services

2 in a manner which is effective and efficient and

3 which fosters the participation of State and private

4 laboratories;

5 (2) establish health criteria for domesticated

6 salmonid broodstock and seedstock; and

7 (3) monitor, evaluate, and facilitate the elimi8 nation of, unreasonable impediments to the inter9 state commerce of broodstock and seedstock that is

10 certified under the program.

11 (b) USE OF EXISTING AUTHORITIES.—To prevent

12 the introduction or dissemination in interstate commerce

13 and international trade of any contagious, infectious, or

14 communicable disease associated with domesticated

15 salmonid broodstock and seedstock and to promote the ex16 portation of domesticated salmonid broodstock and

17 seedstock, the Secretary may use the authorities provided

18 in the following provisions of law (relating to livestock and

19 poultry) to regulate the production, transportation, and

20 exportation of domesticated salmonid broodstock and

21 seedstock:

22 (1) Sections 1, 2, and 3 of the Act of February

23 2, 1903 (21 U.S.C. 111, 121, 122).
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1 (2) The Act of May 29, 1884 (21 U.S.C. 112,

2 113, 113a, 114, 114a, 114a–1, 115–120; commonly

3 known as the Animal Industry Act).

4 (3) Sections 1 and 2 of the Act of February 28,

5 1947 (21 U.S.C. 114b, 114c).

6 (4) The Act of March 3, 1905 (21 U.S.C. 123–

7 127).

8 (5) Sections 1 through 6 and sections 11, 12,

9 and 13 of Public Law 87–516 (21 U.S.C. 134–

10 134h).

11 (6) Sections 1, 2, and 3 of Public Law 91–239

12 (21 U.S.C. 135–135b).

13 SEC. 5. ADVISORY COMMITTEE.

14 (a) ESTABLISHMENT; MEMBERSHIP.—Not later than

15 180 days after the date of the enactment of this Act, the

16 Secretary shall establish an advisory committee consisting

17 of—

18 (1) five members selected from representatives

19 of the salmonid broodstock and seedstock industry;

20 (2) three members selected from the Depart21 ment of Agriculture; and

22 (3) one member selected from the officers and

23 employees of the Department of Agriculture who

24 shall serve as chairman of the Committee.
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1 (b) FUNCTIONS.—It shall be the function of the Com2 mittee to advise the Secretary with respect to the develop3 ment and implementation of the program for domesticated

4 salmonid broodstock and seedstock industry authorized by

5 this Act, including diagnostic and certification services, all

6 rules and related analysis pertaining thereto, and the fa7 cilitation of fair trade and the dissemination of domes8 ticated salmonid seedstock in interstate commerce.

9 (c) MEETINGS.—The Committee shall meet at the

10 call of the Secretary.

11 (d) EMPLOYMENT STATUS; EXPENSES.—Committee

12 members (other than the chairman and other Department

13 of Agriculture staff) shall not be considered to be employ14 ees of the United States by reason of their membership

15 and shall not be entitled to compensation for service on

16 the Committee. However, the Secretary may pay their

17 travel and subsistence expenses (or a per diem in lieu

18 thereof) in connection with their attendance at meetings

19 of the Committee.

20 SEC. 6. CERTIFICATIONS.

21 The Secretary of Agriculture shall certify to any per22 son the health status of any domesticated salmonid

23 seedstock intended for export from the United States.
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1 SEC. 7. CONSTRUCTION WITH OTHER LAWS.

2 Notwithstanding this Act, the Secretary of the Inte3 rior and the Secretary of Commerce shall have sole respon4 sibility for the health of salmonids, and the products there5 of, located in any facility administered by the Department

6 of the Interior or the Department of Commerce.

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