I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCES.
(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.
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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, when-
ever 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 propaga-
tion’’ 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
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(3) by inserting before paragraph (8) (as redes-
ignated by paragraph (2) of this section) the follow-
ing 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 para-
graphs (1) through (6) as paragraphs (2) through
(7), respectively; and
(3) by inserting before paragraph (2) (as redes-
ignated by paragraph (2) of this subsection) the fol-
lowing:
‘‘(1) clearly outline and define the authorities of
the Departments of Agriculture, Interior, and Com-
merce and other relevant Federal agencies, with re-
spect to the development, promotion, and regulation
(including environmental regulation) of all aqua-
culture in the United States;’’.
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(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 giv-
ing particular attention to the requirements of subsection
(b)(1) of this section.’’.
(c) ACCOMPLISHMENTS
IN
AQUACULTURE
PRO-
GRAMS.—Not later than 1 year after the date of enact-
ment 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—
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(1) in subsection (c)(1)(A) by inserting ‘‘envi-
ronmental impacts,’’ after ‘‘culture techniques,’’;
(2) in subsection (c)(1)(B)—
(A) by striking ‘‘Secretary shall—’’ and in-
serting ‘‘Secretary—’’;
(B) by striking clause (i) and inserting the
following:
‘‘(i) may establish, within the Department,
within the National Agricultural Library, a Na-
tional Aquaculture Information Center that
shall—
‘‘(I) serve as a repository and clear-
inghouse for the information collected
under subparagraph (A) and other provi-
sions 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 in-
formation that the Center can make avail-
able to the public; and
‘‘(III) make available, on request, in-
formation described in subclause (I) (in-
cluding information collected under sub-
section (e));’’;
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(C) in clause (ii)—
(i) by inserting ‘‘shall’’ before ‘‘ar-
range’’; and
(ii) by striking the comma and insert-
ing a semicolon; and
(D) in clause (iii), by inserting ‘‘shall’’ be-
fore ‘‘conduct’’; and
(3) in the first sentence of subsection (d), by
striking ‘‘Interior,,’’ and inserting ‘‘Interior,’’.
SEC. 5. COORDINATION WITH THE AQUACULTURE INDUS-
TRY.
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 na-
tional organizations, commodity associations, and
professional societies representing aquaculture inter-
ests, in order to facilitate improved communication
and interaction among aquaculture producers, the
aquaculture community, the Federal Government,
and the coordinating group.’’.
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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 
AQUA-
CULTURE.
‘‘(a) IN GENERAL.—The Secretaries, in coordination
with other agencies, as appropriate, shall develop and im-
plement a national strategy for private aquaculture in ac-
cordance with this section. The national strategy shall in-
corporate the department strategies developed under sub-
section (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 develop-
ment 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 aqua-
culture, including—
‘‘(i) in the case of the Department of
Agriculture, programs and regulations re-
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lated to livestock, crops, products, and
commodities;
‘‘(ii) in the case of the Department of
the Interior, programs and regulations re-
lated to fish health, nonindigenous species,
fisheries management, hatcheries, fisheries
enhancement, and environmental protec-
tion; and
‘‘(iii) in the case of the Department of
Commerce, programs and regulations relat-
ed to fisheries research and management,
fisheries enhancement, technology transfer,
environmental protection, and seafood safe-
ty and quality; and
‘‘(B) include means for effective coordina-
tion and implementation of aquaculture activi-
ties within and among the agencies of the de-
partments 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 sub-
mit the strategies required by this subsection to the
Congress and to the coordinating group.
‘‘(c) PRIVATE AQUACULTURE STRATEGY COORDINA-
TION.—
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‘‘(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 con-
sultation, with the coordinating group.
‘‘(2) RESOLUTION
OF
INTERAGENCY
CON-
FLICT.—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 DEPART-
MENT OF AGRICULTURE.—
‘‘(1) IN
GENERAL.—The Secretary shall, for
purposes of all programs of the Department of Agri-
culture, treat private aquaculture as a form of agri-
culture.
‘‘(2) AFFECT
ON
OTHER
AGENCIES.—Para-
graph (1) shall not be construed to amend, repeal,
or otherwise modify the authority of any other Fed-
eral agency to perform any function, responsibility,
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or activity authorized under any other provision of
law.’’.
SEC. 7. STUDY, COMPENDIUM, AND RECOMMENDATIONS
REGARDING REGULATIONS AND PERMIT RE-
QUIREMENTS.
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 RE-
QUIREMENTS.
‘‘(a) STUDY.—Within one year after the date of en-
actment 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 Fed-
eral and State regulations affecting the interstate
transport of aquaculture products; and
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‘‘(3) identify any duplicative or conflicting regu-
lations.
‘‘(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 para-
graph (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 PERMIT-
TING.—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 coordi-
nated regulatory and permitting framework for aqua-
culture operations that would result in more coordinated
and consistent regulations among States, between States
and the Federal Government, and among Federal agen-
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cies. In developing the framework, the coordinating group
shall—
‘‘(1) consider States that have already devel-
oped coordinated regulatory and permitting proc-
esses;
‘‘(2) ensure that the framework would not com-
promise or diminish the environmental protections
and fishery management programs provided by exist-
ing 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 PRO-
DUCERS.
(a) IN GENERAL.—Section 2244 of the Food, Agri-
culture, 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,’’.
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(b) LIMITATION.—The amendments made by sub-
section (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 ex-
pand and improve aquaculture instruction and curriculum
in secondary schools and postsecondary vocational institu-
tions.
‘‘(b) GRANTS AND CURRICULUM.—In carrying out
subsection (a), the Secretary may, subject to the availabil-
ity of appropriations—
‘‘(1) make grants to—
‘‘(A) establish and maintain aquaculture
learning centers in secondary schools and post-
secondary vocational institutions;
‘‘(B) 
promote 
aquaculture 
technology
transfer; and
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‘‘(C) educate consumers and the public
concerning the benefits of aquaculture; and
‘‘(2) develop curriculum and supporting mate-
rials 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 ma-
terials 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 estab-
lished by the Secretary under section 1475(d)
of the National Agricultural Research, Exten-
sion, and Teaching Policy of 1977 (7 U.S.C.
3322(d));
‘‘(C) an aquaculture research or dem-
onstration facility; or
‘‘(D) a similar venture that wood afford
students the opportunity to experience aqua-
culture research and development or commer-
cialization;
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‘‘(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 pub-
lic;
‘‘(4) such centers that can serve as an aqua-
culture education facility for visiting students par-
ticipating in a field trip or a similar educational ex-
perience 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
INSTITU-
TION.—The term ‘postsecondary vocational institu-
tion’ has the same meaning given the term by sec-
tion 481(c) of the Higher Education Act of 1965
(20 U.S.C. 1088(c)), except that the term only in-
cludes an institution that awards an associate degree
but does not award a bachelor’s degree.
‘‘(2) SECONDARY SCHOOL.—The term ‘second-
ary school’ has the same meaning given the term by
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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 Aqua-
culture 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 fol-
lowing:
‘‘(d) INTERNATIONAL AQUACULTURE INFORMATION
AND DATA COLLECTION.—
‘‘(1) IN GENERAL.—The Secretary may estab-
lish 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.
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‘‘(2) CONSULTATION.—In carrying out para-
graph (1), the Secretary shall consult with the co-
ordinating 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 effec-
tively providing date described in paragraph (1) to
the coordinating group and the aquaculture indus-
try.’’.
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 infor-
mation systems at regional aquaculture centers estab-
lished 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, publica-
tions, and technical assistance information involving aqua-
culture.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 12 (as redesignated by section 6(1) of this
Act) is amended to read as follows:
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‘‘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.
Æ
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