I

103D CONGRESS

2D SESSION H. R. 4744

To provide for the coordination and implementation of a national aquaculture

policy for the private sector by the Secretary of Agriculture, to establish

an aquaculture commercialization research program, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 1994

Ms. LAMBERT (for herself, Mr. THORNTON, Mr. EMERSON, Mr. STENHOLM,

Mr. MCCLOSKEY, Mr. HILLIARD, and Mr. BAKER of Louisiana) introduced the following bill; which was referred to the Committee on Agriculture

A BILL

To provide for the coordination and implementation of a

national aquaculture policy for the private sector by the

Secretary of Agriculture, to establish an aquaculture

commercialization research program, and for other

purposes.

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘National Aquaculture Development, Commercialization,

6 and Promotion Act of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Findings and purpose.

Sec. 3. Definitions.

Sec. 4. National aquaculture development plan.

Sec. 5. National Aquaculture Information Center and assignment of new programs.

Sec. 6. Coordination with the aquaculture industry.

Sec. 7. Aquaculture commercialization program.

Sec. 8. National policy for private aquaculture.

Sec. 9. Water quality assessment.

Sec. 10. Native American fishpond revitalization.

Sec. 11. Disaster assistance for aquaculture farms.

Sec. 12. Aquaculture education.

Sec. 13. International aquaculture scientific exchange.

Sec. 14. Authorization of appropriations.

Sec. 15. Eligibility of aquaculture farmers for farm credit assistance.

Sec. 16. International aquaculture information and data collection.

Sec. 17. Eligibility of aquaculture farms for emergency conservation program.

Sec. 18. Aquaculture information network report.

Sec. 19. Voluntary certification of quality standards.

Sec. 20. Implementation report.

3 SEC. 2. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Subsection (a) of section 2 of the

5 National Aquaculture Act of 1980 (16 U.S.C. 2801) is

6 amended to read as follows:

7 ‘‘(a) FINDINGS.—Congress finds the following:

8 ‘‘(1) The wild harvest or capture of certain sea9 food species exceeds levels of optimum sustainable

10 yield, thereby making it more difficult to meet the

11 increasing demand for aquatic food.

12 ‘‘(2) To satisfy the domestic market for aquatic

13 food, the United States imports more than 59 per14 cent of its seafood. This dependence on imports ad15 versely affects the national balance of payments and
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1 contributes to the uncertainty of supplies and prod2 uct quality.

3 ‘‘(3) Although aquaculture currently contributes

4 approximately 16 percent by weight of world seafood

5 production, less than 9 percent by weight of current

6 United States seafood production results from aqua7 culture. As a result, domestic aquaculture produc8 tion has the potential for significant growth.

9 ‘‘(4) Aquaculture production of aquatic animals

10 and plants is a source of food, industrial materials,

11 pharmaceuticals, energy, and aesthetic enjoyment,

12 and can assist in the control and abatement of pollu13 tion.

14 ‘‘(5) The rehabilitation and enhancement of fish

15 and shellfish resources are desirable applications of

16 aquaculture technology.

17 ‘‘(6) The principal responsibility for the devel18 opment of aquaculture in the United States must

19 rest with the private sector.

20 ‘‘(7) Despite its potential, the development of

21 aquaculture in the United States has been inhibited

22 by many scientific, economic, legal, and production

23 factors, such as—

24 ‘‘(A) inadequate credit;
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1 ‘‘(B) limited research and development and

2 demonstration programs;

3 ‘‘(C) diffused legal jurisdiction;

4 ‘‘(D) inconsistent interpretations between

5 Federal agencies;

6 ‘‘(E) the lack of management information;

7 ‘‘(F) the lack of supportive policies of the

8 Federal Government;

9 ‘‘(G) the lack of therapeutic compounds for

10 treatment of the diseases of aquatic animals

11 and plants; and

12 ‘‘(H) the lack of reliable supplies of seed

13 stock.

14 ‘‘(8) Many areas of the United States are suit15 able for aquaculture, but are subject to land-use or

16 water-use management policies and regulations that

17 do not adequately consider the potential for aqua18 culture and may inhibit the development of aqua19 culture.

20 ‘‘(9) In 1990, the United States ranked only

21 tenth in the world in aquaculture production based

22 on total value of products.

23 ‘‘(10) Despite the current and increasing im24 portance of private aquaculture to the United States

25 economy and to rural areas in the United States,
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1 Federal efforts to nurture aquaculture development

2 have failed to keep pace with the needs of fish and

3 aquatic plant farmers.

4 ‘‘(11) The United States has a premier oppor5 tunity to expand existing aquaculture production

6 and develop new aquaculture industries to serve na7 tional needs and the global marketplace.

8 ‘‘(12) United States aquaculture provides

9 wholesome products for domestic consumers and

10 contributes significantly to employment opportunities

11 and the quality of life in rural areas in the United

12 States.

13 ‘‘(13) Since 1980, the United States trade defi14 cit in edible fishery products has increased by 48

15 percent, from $1,777,921,000 to $2,634,738,000 in

16 1991.

17 ‘‘(14) Aquaculture is poised to become a major

18 growth industry of the 21st century. With global

19 seafood demand projected to increase 70 percent by

20 2025, and harvests from capture fisheries stable or

21 declining, aquaculture would have to increase pro22 duction by 700 percent, a total of 77 million metric

23 tons annually.

24 ‘‘(15) Private aquaculture production in the

25 United States has increased an average of 20 per-
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1 cent by weight annually since 1980, and is one of

2 the fastest growing segments of United States and

3 world agriculture.

4 ‘‘(16) In 1990, private United States aqua5 culture production was 860,750,000 pounds, worth

6 $761,500,000, up from 203,178,000 pounds, worth

7 $191,977,000, in 1980.

8 ‘‘(17) Since 1960, per capita consumption of

9 aquatic foods in the United States has increased by

10 49 percent to 14.9 pounds in 1991, and could reach

11 20 pounds by the year 2000. Total United States

12 demand is projected to double by 2020.’’.

13 (b) PURPOSE.—Subsection (b) of such section (16

14 U.S.C. 2801) is amended to read as follows:

15 ‘‘(b) PURPOSE.—It is the purpose of this Act to pro16 mote aquaculture in the United States by—

17 ‘‘(1) declaring a national aquaculture policy;

18 ‘‘(2) establishing private aquaculture as a form

19 of agriculture;

20 ‘‘(3) establishing cultivated aquatic animals,

21 plants, microorganisms, and their products produced

22 by private persons and moving in standard commod23 ity channels as agricultural livestock, crops, and

24 commodities;
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1 ‘‘(4) establishing the Department as the lead

2 Federal agency for the development, implementation,

3 promotion, and coordination of national policy and

4 programs for private aquaculture by—

5 ‘‘(A) designating the Secretary as the per6 manent chairperson of a Federal interagency

7 aquaculture coordinating group;

8 ‘‘(B) assigning overall responsibility to the

9 Secretary for coordinating, developing, and car10 rying out policies and programs for private

11 aquaculture; and

12 ‘‘(C) authorizing the establishment of a

13 National Aquaculture Information Center with14 in the Department to support the United States

15 aquaculture industry; and

16 ‘‘(5) encouraging—

17 ‘‘(A) aquaculture activities and programs

18 in both the public and private sectors of the

19 economy of the United States;

20 ‘‘(B) the creation of new industries and job

21 opportunities related to aquaculture activities;

22 ‘‘(C) the reduction of the fisheries trade

23 deficit; and

24 ‘‘(D) other national policy benefits deriving

25 from aquaculture activities.’’.
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1 SEC. 3. DEFINITIONS.

2 Section 3 of the National Aquaculture Act of 1980

3 (16 U.S.C. 2802) is amended—

4 (1) in the matter before the paragraphs, by

5 striking ‘‘requires—’’ and inserting ‘‘requires:’’;

6 (2) by striking paragraph (1) and inserting the

7 following new paragraph:

8 ‘‘(1) The term ‘aquaculture’ means the con9 trolled cultivation of aquatic plants, animals, and

10 microorganisms. Such term does not include private

11 cultivation of Pacific salmon for profit in those

12 States where such cultivation is prohibited by law.’’;

13 (3) in paragraph (3), by inserting before the pe14 riod at the end the following: ‘‘or microorganism’’;

15 (4) by redesignating paragraphs (7) through

16 (9) as paragraphs (9) through (11), respectively;

17 (5) by redesignating paragraphs (5) and (6) as

18 paragraphs (6) and (7), respectively;

19 (6) by inserting after paragraph (4) the follow20 ing new paragraph:

21 ‘‘(5) The term ‘Department’ means the United

22 States Department of Agriculture.’’; and

23 (7) by inserting before paragraph (9) (as redes24 ignated by paragraph (4)) the following new para25 graph:
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1 ‘‘(8) The term ‘private aquaculture’ means the

2 controlled cultivation of aquatic plants, animals, and

3 microorganisms other than cultivation carried out by

4 the Federal Government or any State or local gov5 ernment.’’.

6 SEC. 4. NATIONAL AQUACULTURE DEVELOPMENT PLAN.

7 Section 4 of the National Aquaculture Act of 1980

8 (16 U.S.C. 2803) is amended—

9 (1) in the second sentence of subsection (c)—

10 (A) in subparagraph (A), by adding ‘‘and’’

11 at the end;

12 (B) in subparagraph (B), by striking ‘‘;

13 and’’ and inserting a period; and

14 (C) by striking subparagraph (C);

15 (2) in the second sentence of subsection (d), by

16 striking ‘‘Secretaries determine’’ and inserting ‘‘Sec17 retary, in consultation with the other Secretaries,

18 determines’’;

19 (3) in subsection (e)—

20 (A) by striking ‘‘Secretaries’’ and inserting

21 ‘‘Secretary’’; and

22 (B) by inserting ‘‘and in consultation with

23 the other Secretaries and representatives of

24 other Federal agencies’’ after ‘‘coordinating

25 group’’; and
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1 (4) by adding at the end the following new sub2 section:

3 ‘‘(f) ACCOMPLISHMENTS IN AQUACULTURE PRO4 GRAMS.—Not later than December 31, 1994, the Sec5 retary, in consultation with the Secretary of Commerce

6 and the Secretary of the Interior, shall submit to Congress

7 a report evaluating the actions taken in accordance with

8 subsection (d) with respect to the Plan, and making rec9 ommendations for updating and modifying the Plan. The

10 report shall also contain a compendium on Federal regula11 tions relating to aquaculture.’’.

12 SEC. 5. NATIONAL AQUACULTURE INFORMATION CENTER

13 AND ASSIGNMENT OF NEW PROGRAMS.

14 Section 5 of the National Aquaculture Act of 1980

15 (16 U.S.C. 2804) is amended—

16 (1) in subsection (b)(3), by striking ‘‘Secretar17 ies deem’’ and inserting ‘‘Secretary, in consultation

18 with the other Secretaries, considers’’;

19 (2) in subsection (c)(1)(B)—

20 (A) by striking clause (i) and inserting the

21 following new clause:

22 ‘‘(i) establish, within the Department,

23 within the National Agricultural Library, a Na24 tional Aquaculture Information Center that

25 shall—
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1 ‘‘(I) serve as a repository and clear2 inghouse for the information collected

3 under subparagraph (A) and other provi4 sions of this Act;

5 ‘‘(II) carry out a program to notify

6 organizations, institutions, and individuals

7 known to be involved in aquaculture of the

8 existence of the Center and the kinds of in9 formation that the Center can make avail10 able to the public; and

11 ‘‘(III) make available, on request, in12 formation described in subclause (I) (in13 cluding information collected under sub14 section (e));’’; and

15 (B) in clause (ii), by striking the comma

16 and inserting a semicolon;

17 (3) in the first sentence of subsection (d), by

18 striking ‘‘Interior,,’’ and inserting ‘‘Interior,’’; and

19 (4) by adding at the end the following new sub20 section:

21 ‘‘(e) ASSIGNMENT OF NEW PROGRAMS.—In consulta22 tion with representatives of the United States aquaculture

23 industry and in coordination with the Secretary of the In24 terior, the Secretary of Commerce, and the heads of other

25 appropriate Federal agencies, the Secretary shall assess
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1 Federal aquatic animal health programs and make rec2 ommendations as to the appropriate assignment to Fed3 eral agencies of new programs, initiatives, and activities

4 in support of aquaculture and resource stewardship and

5 management.’’.

6 SEC. 6. COORDINATION WITH THE AQUACULTURE INDUS7 TRY.

8 Section 6(b) of the National Aquaculture Act of 1980

9 (16 U.S.C. 2805(b)) is amended—

10 (1) in paragraph (5), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (6), by striking the period at

13 the end and inserting ‘‘; and’’; and

14 (3) by adding at the end the following new

15 paragraph:

16 ‘‘(7) in order to facilitate improved communica17 tion and interaction among aquaculture producers,

18 the aquaculture community, the Federal Govern19 ment, and the coordinating group, establish a work20 ing relationship with—

21 ‘‘(A) the industry advisory councils of the

22 regional aquaculture centers established by the

23 Secretary under section 1475(d) of the National

24 Agricultural Research, Extension, and Teaching

25 Policy Act of 1977 (7 U.S.C. 3322(d)); and
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1 ‘‘(B) national organizations, commodity as2 sociations, and professional societies represent3 ing aquaculture interests.’’.

4 SEC. 7. AQUACULTURE COMMERCIALIZATION PROGRAM.

5 The National Aquaculture Act of 1980 (16 U.S.C.

6 2801 et seq.) is amended—

7 (1) by redesignating sections 7 through 11 as

8 sections 14 through 18, respectively; and

9 (2) by inserting after section 6 the following

10 new section:

11 ‘‘SEC. 7. AQUACULTURE COMMERCIALIZATION PROGRAM.

12 ‘‘(a) DEFINITIONS.—As used in this section, the term

13 ‘eligible entity’ means a private company, public or private

14 research or educational organization, regional center, Fed15 eral, State, or regional agency, or individual that is eligible

16 to receive a grant or enter into a contract under this sec17 tion.

18 ‘‘(b) ASSISTANCE AND COORDINATION.—

19 ‘‘(1) IN GENERAL.—The Secretary may make

20 grants and enter into contracts with eligible entities

21 to pay the Federal share of projects to support the

22 market development and commercialization of aqua23 culture research findings and technologies that—

24 ‘‘(A) demonstrate strong potential for ac25 celerating the transfer to the marketplace of
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1 aquaculture products, processes, and tech2 nologies that can improve profitability, produc3 tion efficiency, and sustainability of existing

4 and emerging aquaculture sectors;

5 ‘‘(B) will help the United States aqua6 culture industry to be more competitive in the

7 global marketplace; and

8 ‘‘(C) will facilitate the commercialization of

9 promising research and technologies deriving

10 from existing research programs.

11 ‘‘(2) COST SHARE.—

12 ‘‘(A) FEDERAL SHARE.—Except as pro13 vided in subparagraph (B), the Federal share of

14 the cost of a project carried out under this pro15 gram shall be 80 percent.

16 ‘‘(B) REMAINING SHARE.—The remaining

17 share of the cost of a project carried out under

18 this program may be—

19 ‘‘(i) in the form of cash or in-kind

20 payments, or both; and

21 ‘‘(ii) partially comprised of funds

22 made available under other Federal pro23 grams, except that the non-Federal share

24 of the project may not be less than 10 per25 cent of the cost of the project.
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1 ‘‘(c) PRIORITIES.—In making grants or entering into

2 contracts under subsection (b), the Secretary shall give

3 priority to—

4 ‘‘(1) field testing, commercial field trials, mar5 ket development programs, and applications of aqua6 culture research to private aquaculture that would

7 promote the transfer of promising aquaculture tech8 nologies to the market place; and

9 ‘‘(2) projects carried out under commercial con10 ditions at private, commercial aquaculture facilities.

11 ‘‘(d) COMPETITIVE REVIEW.—

12 ‘‘(1) IN GENERAL.—To be eligible to receive a

13 grant or enter into a contract under subsection (b),

14 a proposal shall undergo competitive review.

15 ‘‘(2) COMPETITIVE REVIEW PANELS.—A com16 petitive review panel shall be composed of individuals

17 appointed by the Secretary who understand the

18 aquaculture industry and sound business practices

19 and are qualified to objectively evaluate the likeli20 hood of a proposal being economically successful or

21 promoting economic success within the aquaculture

22 industry. Review panels shall equitably represent the

23 United States aquaculture community and shall be

24 developed in close consultation with aquaculture in25 dustry leaders.
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1 ‘‘(3) EVALUATION.—A competitive review panel

2 shall base an evaluation of a proposal under this

3 subsection on—

4 ‘‘(A) the quality of the proposal and the

5 proposed methodology;

6 ‘‘(B) the capability of the participating en7 tity to perform the proposed work;

8 ‘‘(C) the potential for fostering commer9 cialization, job creation, and increased sales of

10 aquaculture products;

11 ‘‘(D) the amount of matching funds pro12 vided by the supported entity or obtained from

13 non-Federal sources;

14 ‘‘(E) the extent of collaboration with other

15 Federal and State programs;

16 ‘‘(F) the existence of a sound business

17 plan that reasonably projects the benefits of the

18 support being requested;

19 ‘‘(G) in the case of a noncommercial en20 tity, the existence of a cooperative agreement

21 with a commercial entity;

22 ‘‘(H) whether the project would promote

23 responsible environmental stewardship; and

24 ‘‘(I) such other factors as the competitive

25 review panel determines to be appropriate.
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1 ‘‘(e) LIMITATIONS.—

2 ‘‘(1) ADMINISTRATIVE EXPENSES.—Not more

3 than 3 percent of the amounts made available to

4 carry out this section during a fiscal year may be

5 used by the Secretary for the expenses of adminis6 tration and information collection and dissemination.

7 ‘‘(2) CONSTRUCTION COSTS.—None of the

8 funds made available under this section may be used

9 for the construction of a new building or the acquisi10 tion, expansion, remodeling, or alteration of an exist11 ing building (including site grading and improve12 ment and architect fees).

13 ‘‘(f) REPORTS.—An eligible entity that receives a

14 grant or enters into a contract under a project carried out

15 under this section shall submit an annual progress report,

16 and a final report, to the Secretary that—

17 ‘‘(1) describes project activities and commercial

18 and economic accomplishments and impacts; and

19 ‘‘(2) in the case of an annual progress report,

20 includes a project plan for the subsequent year.

21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated such sums as are nec23 essary to carry out this section.’’.
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1 SEC. 8. NATIONAL POLICY FOR PRIVATE AQUACULTURE.

2 The National Aquaculture Act of 1980 (16 U.S.C.

3 2801 et seq.) is amended by inserting after section 7 (as

4 added by section 7(2)) the following new section:

5 ‘‘SEC. 8. NATIONAL POLICY FOR PRIVATE AQUACULTURE.

6 ‘‘(a) IN GENERAL.—The Secretary, in consultation

7 with the Secretary of Commerce, the Secretary of the Inte8 rior, and the heads of other agencies, as appropriate, shall

9 coordinate and implement a national policy for private

10 aquaculture in accordance with this section.

11 ‘‘(b) DEPARTMENT AQUACULTURE PLAN.—

12 ‘‘(1) IN GENERAL.—The Secretary shall develop

13 and implement a Department Aquaculture Plan (re14 ferred to in this section as the ‘plan’) for a unified

15 Department aquaculture program to support the de16 velopment of private United States aquaculture.

17 ‘‘(2) ELEMENTS OF PLAN.—The plan shall

18 address—

19 ‘‘(A) individual agency programs related to

20 aquaculture in the Department that are consist21 ent with Department programs applied to other

22 agricultural programs, livestock, crops, prod23 ucts, and commodities under the jurisdiction of

24 Department agencies;
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1 ‘‘(B) the treatment of cultivated aquatic

2 animals as livestock and cultivated aquatic

3 plants as agricultural crops; and

4 ‘‘(C) means for effective coordination and

5 implementation of aquaculture activities and

6 programs within the Department, including in7 dividual agency commitments of personnel and

8 resources.

9 ‘‘(3) DEADLINE.—Not later than 1 year after

10 the date of enactment of the National Aquaculture

11 Development, Research, and Promotion Act of 1994,

12 the Secretary shall submit the plan to Congress.

13 ‘‘(4) REPORTS.—Not later than 1 year after the

14 date of the submission of the plan pursuant to para15 graph (3), and annually thereafter, the Secretary

16 shall report to Congress on actions taken to imple17 ment the plan during the year preceding the date of

18 the report.

19 ‘‘(5) NATIONAL AQUACULTURE INFORMATION

20 CENTER.—

21 ‘‘(A) IN GENERAL.—In carrying out sec22 tion 5, the Secretary may maintain and support

23 a National Aquaculture Information Center (re24 ferred to in this paragraph as the ‘Center’) as
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1 a repository for information on national and

2 international aquaculture.

3 ‘‘(B) PUBLIC ACCESS.—Information in the

4 Center shall be made available to the public.

5 ‘‘(C) INTERNATIONAL EXCHANGE.—The

6 head of the Center shall arrange with foreign

7 nations for the exchange of information relating

8 to aquaculture and shall support a translation

9 service.

10 ‘‘(D) SUPPORT.—The Center shall provide

11 direct support to the coordinating group.

12 ‘‘(c) NATIONAL AQUACULTURE DEVELOPMENT

13 PLAN.—

14 ‘‘(1) IN GENERAL.—Not later than 1 year after

15 the date of enactment of the National Aquaculture

16 Development, Research, and Promotion Act of 1994,

17 the Secretary shall revise the National Aquaculture

18 Development Plan required to be established under

19 section 4.

20 ‘‘(2) COORDINATION.—The Secretary shall inte21 grate and coordinate the aquaculture and related

22 missions, major objectives, and program components

23 of individual aquaculture plans of the coordinating

24 group members.
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1 ‘‘(3) SUBMISSION TO CONGRESS.—Not later

2 than 1 year after the date of enactment of the Na3 tional Aquaculture Development, Research, and Pro4 motion Act of 1994, the Secretary shall submit a re5 vised Plan to Congress.

6 ‘‘(4) UPDATES.—Not later than 5 years after

7 the date of the submission of the revised Plan pursu8 ant to paragraph (3), and annually thereafter, the

9 Secretary shall revise the National Aquaculture De10 velopment Plan.

11 ‘‘(d) TREATMENT OF AQUACULTURE.—The Sec12 retary shall, for all purposes, treat—

13 ‘‘(1) private aquaculture as a form of agri14 culture; and

15 ‘‘(2) cultivated aquatic animals, plants, and

16 microorganisms, and products of the animals, plants,

17 and microorganisms, produced by private persons

18 and moving in standard commodity channels as agri19 cultural livestock, crops, and commodities.

20 ‘‘(e) RESOLUTION OF INTERAGENCY CONFLICT.—In

21 consultation with representatives of affected Federal agen22 cies, the Secretary shall be responsible for resolving any

23 interagency conflict in the coordination or implementation

24 of the policy described in this section.
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1 ‘‘(f) PRIVATE AQUACULTURE POLICY COORDINA2 TION, DEVELOPMENT, AND IMPLEMENTATION.—

3 ‘‘(1) RESPONSIBILITY.—The Secretary shall

4 have overall responsibility for coordinating, develop5 ing, and carrying out policies and programs for pri6 vate aquaculture.

7 ‘‘(2) DUTIES.—The Secretary shall—

8 ‘‘(A) coordinate all intradepartmental func9 tions and activities relating to private aqua10 culture;

11 ‘‘(B) establish procedures for the coordina12 tion of functions, and consultation, with the co13 ordinating group; and

14 ‘‘(C) recommend to the National Agricul15 tural Library methods by which the aquaculture

16 resources of the Library can be made more eas17 ily retrievable and can be more widely dissemi18 nated.

19 ‘‘(3) LIAISON.—

20 ‘‘(A) AGENCIES OF THE DEPARTMENT.—

21 To facilitate communication and interaction be22 tween the aquaculture community and the De23 partment, the head of each agency of the De24 partment shall, if requested by the Secretary,

25 designate an officer or employee of the agency
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1 to be the liaison of the agency with the Sec2 retary.

3 ‘‘(B) DEPARTMENTS OF COMMERCE AND

4 THE INTERIOR.—The Secretary of Commerce

5 and the Secretary of the Interior shall each des6 ignate an officer or employee of their respective

7 Departments to be the liaison of their respec8 tive Departments with the Secretary.’’.

9 SEC. 9. WATER QUALITY ASSESSMENT.

10 The National Aquaculture Act of 1980 (16 U.S.C.

11 2801 et seq.) is amended by inserting after section 8 (as

12 added by section 8) the following new section:

13 ‘‘SEC. 9. WATER QUALITY ASSESSMENT.

14 ‘‘(a) ASSESSMENT.—The Administrator of the Envi15 ronmental Protection Agency is authorized to carry out,

16 in collaboration with the Secretary, collaborative inter17 agency programs that demonstrate the application of

18 aquaculture to environmental enhancement and assess19 ment, including a program to assess the environmental im20 pact of waterborne contaminants on naturally occurring

21 aquatic organisms and ecosystems using aquaculture22 raised organisms to serve as an indicator of environmental

23 pollution.

24 ‘‘(b) GRANTS; COOPERATIVE AGREEMENTS.—The

25 Administrator may provide grants or enter into coopera-
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1 tive agreements or contracts with private research organi2 zations for research and demonstration of the technology

3 authorized by this section.’’.

4 SEC. 10. NATIVE AMERICAN FISHPOND REVITALIZATION.

5 The National Aquaculture Act of 1980 (16 U.S.C.

6 2801 et seq.) is amended by inserting after section 9 (as

7 added by section 9) the following new section:

8 ‘‘SEC. 10. NATIVE AMERICAN FISHPOND REVITALIZATION.

9 ‘‘(a) DEFINITION OF NATIVE AMERICAN.—As used

10 in this section, the term ‘Native American’ means—

11 ‘‘(1) an Indian, as defined in section 4(d) of the

12 Indian Self-Determination and Education Assistance

13 Act (25 U.S.C. 450b(d));

14 ‘‘(2) a Native Hawaiian, as defined in section

15 8(3) of the Native Hawaiian Health Care Act of

16 1988 (42 U.S.C. 11707(3)) or section 815(3) of the

17 Native American Programs Act (42 U.S.C.

18 2992c(3));

19 ‘‘(3) an Alaska Native, within the meaning pro20 vided for the term ‘Native’ in section 3(b) of the

21 Alaska Native Claims Settlement Act (43 U.S.C.

22 1602(b)); and

23 ‘‘(4) a Pacific Islander, within the meaning of

24 the Native American Programs Act of 1974 (42

25 U.S.C. 2991 et seq.).
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1 ‘‘(b) AUTHORIZATION OF PROGRAM.—The Secretary

2 of Agriculture is authorized to carry out a program to revi3 talize fishponds used by Native Americans to cultivate

4 aquatic species.

5 ‘‘(c) GRANTS; COOPERATIVE AGREEMENTS.—The

6 Secretary may provide grants or enter into cooperative

7 agreements with individuals and organizations, including

8 Native American organizations, to promote fishpond revi9 talization. Funds provided under this section may be used

10 to engage in fishpond research, pond culture technology

11 development, the application of traditional pond culture

12 techniques and modern aquaculture practices to ancient

13 fishponds, technical assistance and technology transfer,

14 and such other activities as the Secretary determines are

15 appropriate.’’.

16 SEC. 11. DISASTER ASSISTANCE FOR AQUACULTURE

17 FARMS.

18 (a) IN GENERAL.—Section 2244 of the Food, Agri19 culture, Conservation, and Trade Act of 1990 (7 U.S.C.

20 1421 note) is amended—

21 (1) in subsection (a)(1)(A)(ii), by inserting ‘‘, if

22 applicable,’’ after ‘‘subsection (d)(2) for such crop’’;

23 and
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1 (2) in subsection (d)(1), by inserting ‘‘and cul2 tivated aquatic species,’’ after ‘‘was not available for

3 crop year 1990,’’.

4 (b) LIMITATION.—The amendments made by sub5 section (a) shall apply only to the extent appropriations

6 are made available after the date of enactment of this Act

7 to carry out the amendments.

8 (c) ELIGIBILITY.—Notwithstanding any other provi9 sion of law, aquaculture producers shall be eligible for dis10 aster assistance for 1993 crop losses under the same terms

11 and conditions as are specified in chapter 3 of subtitle B

12 of title XXII of the Food, Agriculture, Conservation, and

13 Trade Act of 1990 (7 U.S.C. 1421 note).

14 SEC. 12. AQUACULTURE EDUCATION.

15 The National Aquaculture Act of 1980 (16 U.S.C.

16 2801 et seq.) is amended by inserting after section 10 (as

17 added by section 10) the following new section:

18 ‘‘SEC. 11. AQUACULTURE EDUCATION.

19 ‘‘(a) DEFINITIONS.—As used in this section:

20 ‘‘(1) POSTSECONDARY VOCATIONAL INSTITU21 TION.—The term ‘postsecondary vocational institu22 tion’ has the same meaning given the term by sec23 tion 481(c) of the Higher Education Act of 1965

24 (20 U.S.C. 1088(c)), except that the term only in-
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1 cludes an institution that awards an associates de2 gree but does not award a bachelor’s degree.

3 ‘‘(2) SECONDARY SCHOOL.—The term ‘second4 ary school’ has the same meaning given the term by

5 section 1471(21) of the Elementary and Secondary

6 Education Act of 1965 (20 U.S.C. 2891(21)).

7 ‘‘(b) AUTHORIZATION OF PROGRAM.—The Secretary

8 is authorized to establish a program to expand and im9 prove instruction, on aquaculture and the basic principles

10 of aquaculture farming, in the agriculture curriculum for

11 students attending secondary schools and postsecondary

12 vocational institutions.

13 ‘‘(c) GRANTS AND CURRICULUM.—In carrying out

14 subsection (b), the Secretary may—

15 ‘‘(1) make grants to—

16 ‘‘(A) establish and maintain aquaculture

17 learning centers in secondary schools and post18 secondary vocational institutions;

19 ‘‘(B) promote aquaculture technology

20 transfer; and

21 ‘‘(C) educate consumers and the public

22 concerning the benefits of aquaculture; and

23 ‘‘(2) develop curriculum and supporting mate24 rials on aquaculture farming, field test the content

25 of the curriculum, and supply training to educators
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1 at secondary schools and postsecondary vocational

2 institutions on the aquaculture curriculum and ma3 terials developed.

4 ‘‘(d) PRIORITY FOR GRANTS.—In awarding grants

5 under subsection (c)(1), the Secretary shall give priority

6 to—

7 ‘‘(1) the ability of the proposed aquaculture

8 learning center to gain access to—

9 ‘‘(A) a commercial aquaculture farm;

10 ‘‘(B) a regional aquaculture center estab11 lished by the Secretary under section 1475(d)

12 of the National Agricultural Research, Exten13 sion, and Teaching Policy Act of 1977 (7

14 U.S.C. 3322(d));

15 ‘‘(C) an aquaculture research facility; or

16 ‘‘(D) a similar venture that would afford

17 students the opportunity to experience aqua18 culture research and development or commer19 cialization;

20 ‘‘(2) the ability of the center to achieve out21 reach to minority audiences or students in inner-city

22 schools;

23 ‘‘(3) the ability of the center to foster aware24 ness of aquaculture among consumers and the gen25 eral public;
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1 ‘‘(4) the ability of the center to serve as an

2 aquaculture education facility for visiting students

3 participating in a field trip or a similar educational

4 experience for inservice training; and

5 ‘‘(5) the level of assistance to be provided from

6 non-Federal sources.

7 ‘‘(e) LIMITATION.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), a grantee may not receive a grant under

10 this section for more than 5 fiscal years.

11 ‘‘(2) WAIVER.—In the case of grantees that re12 ceive grants under this section for fiscal year 1995,

13 the Secretary may waive the application of para14 graph (1) to the grantees for the fiscal year if the

15 Secretary determines that the application of para16 graph (1) to the grantees would result in the termi17 nation of an excessive number of grants.’’.

18 SEC. 13. INTERNATIONAL AQUACULTURE SCIENTIFIC EX19 CHANGE.

20 The National Aquaculture Act of 1980 (16 U.S.C.

21 2801 et seq.) is amended by inserting after section 11 (as

22 added by section 12) the following new section:
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1 ‘‘SEC. 12. INTERNATIONAL AQUACULTURE SCIENTIFIC EX2 CHANGE.

3 ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—As used in

4 this section, the term ‘eligible entity’ means a regional

5 aquaculture center, college, university, or nonprofit orga6 nization engaged in aquaculture research and education

7 in the United States or a foreign country.

8 ‘‘(b) GRANTS.—The Secretary may make grants to

9 eligible entities to defray the cost, in whole or in part, of

10 allowing aquaculture researchers and aquaculture tech11 nologists to engage in research, education, and demonstra12 tion at the eligible entities for periods of up to 2 years.

13 ‘‘(c) FUNDING.—The Secretary may use proceeds

14 from the payments referred to in section 104(a) of the

15 Agricultural Trade Development and Assistance Act of

16 1954 (7 U.S.C. 1704(a)) to carry out this section.’’.

17 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

18 The first sentence of section 17 of the National Aqua19 culture Act of 1980 (as redesignated by section 7(1)) is

20 amended to read as follows: ‘‘There are authorized to be

21 appropriated to carry out this Act to the Department

22 $2,000,000 for each of fiscal years 1995 and 1996 (of

23 which not less than $500,000 shall be used for each fiscal

24 year to carry out the Joint Subcommittee on Aquaculture

25 established under section 6(a)), to the Department of

26 Commerce $500,000 for each of fiscal years 1995 and
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1 1996, and to the Department of the Interior $500,000 for

2 each of fiscal years 1995 and 1996.’’.

3 SEC. 15. ELIGIBILITY OF AQUACULTURE FARMERS FOR

4 FARM CREDIT ASSISTANCE.

5 (a) IN GENERAL.—Section 343 of the Consolidated

6 Farm and Rural Development Act (7 U.S.C. 1991) is

7 amended by striking ‘‘fish farming’’ both places it appears

8 in paragraphs (1) and (2) and inserting ‘‘aquaculture (as

9 the term is defined in section 3(1) of the National Aqua10 culture Act of 1980 (16 U.S.C. 2802(1)))’’.

11 (b) EFFECTIVE DATE.—The amendments made by

12 subsection (a) shall become effective on October 1, 1994.

13 SEC. 16. INTERNATIONAL AQUACULTURE INFORMATION

14 AND DATA COLLECTION.

15 Section 502 of the Agricultural Trade Act of 1978

16 (7 U.S.C. 5692) is amended by adding at the end the fol17 lowing new subsection:

18 ‘‘(d) INTERNATIONAL AQUACULTURE INFORMATION

19 AND DATA COLLECTION.—

20 ‘‘(1) IN GENERAL.—The Secretary is authorized

21 to establish and carry out a program of data collec22 tion, analysis, and dissemination of information to

23 provide continuing and timely economic information

24 concerning international aquaculture production.
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1 ‘‘(2) CONSULTATION.—In carrying out para2 graph (1), the Secretary shall consult with the Joint

3 Subcommittee on Aquaculture established under sec4 tion 6(a) of the National Aquaculture Act of 1980

5 (16 U.S.C. 2805(a)), and representatives of the

6 United States aquaculture industry, concerning

7 means of effectively providing data described in

8 paragraph (1) to the Joint Subcommittee and the

9 industry.’’.

10 SEC. 17. ELIGIBILITY OF AQUACULTURE FARMS FOR EMER11 GENCY CONSERVATION PROGRAM.

12 Section 401 of the Agricultural Credit Act of 1978

13 (16 U.S.C. 2201) is amended—

14 (1) by inserting ‘‘or aquaculture farms’’ after

15 ‘‘farmlands’’ both places it appears; and

16 (2) by inserting ‘‘or aquaculture farm’’ after

17 ‘‘land’’ each place it appears.

18 SEC. 18. AQUACULTURE INFORMATION NETWORK REPORT.

19 Not later than 180 days after the date of enactment

20 of this Act, the Secretary of Agriculture shall report to

21 Congress on the feasibility of expanding current informa22 tion systems at regional aquaculture centers established

23 by the Secretary under section 1475(d) of the National

24 Agricultural Research, Extension, and Teaching Policy

25 Act of 1977 (7 U.S.C. 3322(d)), universities, research in-
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1 stitutions, and the National Agricultural Library to permit

2 an on-line link between those entities for the sharing of

3 data, publication, and technical assistance information in4 volving aquaculture.

5 SEC. 19. VOLUNTARY CERTIFICATION OF QUALITY STAND6 ARDS.

7 The National Aquaculture Act of 1980 (16 U.S.C.

8 2801 et seq.) is amended by inserting after section 12 (as

9 added by section 13) the following new section:

10 ‘‘SEC. 13. VOLUNTARY CERTIFICATION OF QUALITY STAND11 ARDS.

12 ‘‘The Secretary shall develop, in consultation with

13 representatives of the aquaculture industry, a plan for vol14 untary certification of guidelines to ensure the quality of

15 aquatic species subject to this Act in order to promote the

16 marketing and transportation of aquaculture products.’’.

17 SEC. 20. IMPLEMENTATION REPORT.

18 (a) IN GENERAL.—Not later than 180 days after the

19 date of enactment of this Act, the Secretary of Agriculture

20 shall report to Congress on the progress made in carrying

21 out this Act and the amendments made by this Act.

22 (b) CONTENTS.—The report required by subsection

23 (a) shall include—

24 (1) a description of all programs and activities

25 of the Department of Agriculture and all other agen-
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1 cies and Departments in support of private aqua2 culture;

3 (2) the specific authorities for the activities de4 scribed in paragraph (1); and

5 (3) recommendations for such actions as the

6 Secretary of Agriculture determines are necessary to

7 improve recognition and support of private aqua8 culture in each agency of the Department of Agri9 culture.

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