I
103D CONGRESS
2D SESSION
H. R. 4676
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 development and research program, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 1994
Ms. LAMBERT (for herself and Mr. MCCLOSKEY) introduced the following bill;
which was referred jointly to the Committees on Agriculture and Mer-
chant Marine and Fisheries
A BILL
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 aqua-
culture development and research program, 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 AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Aquaculture Development, Research, and Pro-
motion 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. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. National aquaculture development plan.
Sec. 5. National Aquaculture Information Center; assignment of new programs.
Sec. 6. Coordination with the aquaculture industry.
Sec. 7. National policy for private aquaculture.
Sec. 8. Water quality assessment.
Sec. 9. Native American fishpond revitalization.
Sec. 10. Disaster assistance for aquaculture farms.
Sec. 11. Aquaculture education.
Sec. 12. Authorization of appropriations.
Sec. 13. Eligibility of aquaculture farmers for farm credit assistance.
Sec. 14. International aquaculture information and data collection.
Sec. 15. Aquaculture information network report.
Sec. 16. Voluntary certification of quality standards.
Sec. 17. Implementation report.
(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. FINDINGS AND PURPOSE.
(a) FINDINGS.—Subsection (a) of section 2 (16
U.S.C. 2801(a)) is amended to read as follows:
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) The wild harvest or capture of certain sea-
food species 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 59 per-
cent of its seafood. This dependence on imports ad-
versely affects the national balance of payments and
contributes to the uncertainty of supplies and prod-
uct quality.
‘‘(3) Although aquaculture currently contributes
approximately 16 percent by weight of world seafood
production, less than 9 percent by weight of current
United States seafood production results from aqua-
culture. As a result, domestic aquaculture produc-
tion has the potential for significant growth.
‘‘(4) Aquaculture production of aquatic animals
and plants is a source of food, industrial materials,
pharmaceuticals, energy, and aesthetic enjoyment,
and can assist in the control and abatement of pollu-
tion.
‘‘(5) The rehabilitation and enhancement of fish
and shellfish resources are desirable applications of
aquaculture technology.
‘‘(6) The principal responsibility for the devel-
opment 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—
‘‘(A) inadequate credit;
‘‘(B) limited research and development and
demonstration programs;
‘‘(C) diffused legal jurisdiction;
‘‘(D) inconsistent interpretations between
Federal agencies;
‘‘(E) the lack of management information;
‘‘(F) the lack of supportive policies of the
Federal Government;
‘‘(G) the lack of therapeutic compounds for
treatment of the diseases of aquatic animals
and plants; and
‘‘(H) the lack of reliable supplies of seed
stock.
‘‘(8) Many areas of the United States are suit-
able for aquaculture, but are subject to land-use or
water-use management policies and regulations that
do not adequately consider the potential for aqua-
culture and may inhibit the development of aqua-
culture.
‘‘(9) In 1990, the United States ranked only
tenth in the world in aquaculture production based
on total value of products.
‘‘(10) Despite the current and increasing im-
portance of private aquaculture to the United States
economy and to rural areas in the United States,
Federal efforts to nurture aquaculture development
have failed to keep pace with the needs of fish and
aquatic plant farmers.
‘‘(11) The United States has a premier oppor-
tunity to expand existing aquaculture production
and develop new aquaculture industries to serve na-
tional needs and the global marketplace.
‘‘(12) United States aquaculture provides
wholesome products for domestic consumers and
contributes significantly to employment opportunities
and the quality of life in rural areas in the United
States.
‘‘(13) Since 1980, the United States trade defi-
cit in edible fishery products has increased by 48
percent, from $1,777,921,000 to $2,634,738,000 in
1991.
‘‘(14) Aquaculture is poised to become a major
growth industry of the 21st century. With global
seafood demand projected to increase 70 percent by
2025, and harvests from capture fisheries stable or
declining, aquaculture would have to increase pro-
duction by 700 percent, a total of 77 million metric
tons annually.
‘‘(15) Private aquaculture production in the
United States has increased an average of 20 per-
cent by weight annually since 1980, and is one of
the fastest growing segments of United States and
world agriculture.
‘‘(16) In 1990, private United States aqua-
culture production was 860,750,000 pounds, worth
$761,500,000, up from 203,178,000 pounds, worth
$191,977,000, in 1980.
‘‘(17) Since 1960, per capita consumption of
aquatic foods in the United States has increased by
49 percent to 14.9 pounds in 1991, and could reach
20 pounds by the year 2000. Total United States
demand is projected to double by 2020.’’.
(b) PURPOSE.—Subsection (b) of section 2 (16
U.S.C. 2801(b)) is amended to read as follows:
‘‘(b) PURPOSE.—It is the purpose of this Act to pro-
mote aquaculture in the United States by—
‘‘(1) declaring a national aquaculture policy;
‘‘(2) establishing private aquaculture as a form
of agriculture;
‘‘(3) establishing cultivated aquatic animals,
plants, microorganisms, and their products produced
by private persons and moving in standard commod-
ity channels as agricultural livestock, crops, and
commodities;
‘‘(4) establishing the Department as the lead
Federal agency for the development, implementation,
promotion, and coordination of national policy and
programs for private aquaculture by—
‘‘(A) designating the Secretary as the per-
manent chairperson of a Federal interagency
aquaculture coordinating group;
‘‘(B) assigning overall responsibility to the
Secretary for coordinating, developing, and car-
rying out policies and programs for private
aquaculture; and
‘‘(C) authorizing the establishment of a
National Aquaculture Information Center with-
in the Department to support the United States
aquaculture industry; and
‘‘(5) encouraging—
‘‘(A) aquaculture activities and programs
in both the public and private sectors of the
economy of the United States;
‘‘(B) the creation of new industries and job
opportunities related to aquaculture activities;
‘‘(C) the reduction of the fisheries trade
deficit; and
‘‘(D) other national policy benefits deriving
from aquaculture activities.’’.
SEC. 3. 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, animals, and microorganisms.’’;
(2) in paragraph (3), by inserting before the pe-
riod at the end the following: ‘‘or microorganism’’;
(3) by redesignating paragraphs (7) through
(9) as paragraphs (9) through (11), respectively;
(4) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively;
(5) by inserting after paragraph (4) the follow-
ing new paragraph:
‘‘(5) The term ‘Department’ means the United
States Department of Agriculture.’’; and
(6) by inserting before paragraph (9) (as redes-
ignated by paragraph (3)) the following new para-
graph:
‘‘(8) The term ‘private aquaculture’ means the
controlled cultivation of aquatic plants, animals, and
microorganisms other than cultivation carried out by
the Federal Government or any State or local gov-
ernment.’’.
SEC. 4. NATIONAL AQUACULTURE DEVELOPMENT PLAN.
Section 4 (16 U.S.C. 2803) is amended—
(1) in the second sentence of subsection (c)—
(A) in subparagraph (A), by adding ‘‘and’’
at the end;
(B) in subparagraph (B), by striking ‘‘;
and’’ and inserting a period; and
(C) by striking subparagraph (C);
(2) in the second sentence of subsection (d), by
striking ‘‘Secretaries determine’’ and inserting ‘‘Sec-
retary, in consultation with the other Secretaries,
determines’’;
(3) in subsection (e)—
(A) by striking ‘‘Secretaries’’ and inserting
‘‘Secretary’’; and
(B) by inserting ‘‘and in consultation with
the other Secretaries and representatives of
other Federal agencies’’ after ‘‘coordinating
group’’; and
(4) by adding at the end the following new sub-
section:
‘‘(f) ACCOMPLISHMENTS
IN AQUACULTURE PRO-
GRAMS.—Not later than December 31, 1994, the Sec-
retary, in consultation with the Secretary of Commerce
and the Secretary of the Interior, shall submit to Congress
a report evaluating the actions taken in accordance with
subsection (d) with respect to the Plan, and making rec-
ommendations for updating and modifying the Plan. The
report shall also contain a compendium on Federal regula-
tions relating to aquaculture.’’.
SEC. 5. NATIONAL AQUACULTURE INFORMATION CENTER;
ASSIGNMENT OF NEW PROGRAMS.
Section 5 (16 U.S.C. 2804) is amended—
(1) in subsection (b)(3), by striking ‘‘Secretar-
ies deem’’ and inserting ‘‘Secretary, in consultation
with the other Secretaries, considers’’;
(2) in subsection (c)(1)(B)—
(A) by striking ‘‘Secretary shall—’’ and in-
serting ‘‘Secretary—’’;
(B) by striking clause (i) and inserting the
following new clause:
‘‘(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));’’;
(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’’;
(3) in the first sentence of subsection (d), by
striking ‘‘Interior,,’’ and inserting ‘‘Interior,’’; and
(4) by adding at the end the following new sub-
section:
‘‘(e) ASSIGNMENT OF NEW PROGRAMS.—In consulta-
tion with representatives of the United States aquaculture
industry and in coordination with the Secretary of the In-
terior, the Secretary of Commerce, and the heads of other
appropriate Federal agencies, the Secretary may assess
Federal aquatic animal health programs and make rec-
ommendations as to the appropriate assignment to Fed-
eral agencies of new programs, initiatives, and activities
in support of aquaculture and resource stewardship and
management.’’.
SEC. 
6. 
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 new
paragraph:
‘‘(7) in order to facilitate improved communica-
tion and interaction among aquaculture producers,
the aquaculture community, the Federal Govern-
ment, and the coordinating group, establish a work-
ing relationship with national organizations, com-
modity associations, and professional societies rep-
resenting aquaculture interests.’’.
SEC. 7. NATIONAL POLICY FOR PRIVATE AQUACULTURE.
The Act (16 U.S.C. 2801 et seq.) is amended—
(1) by redesignating sections 7 through 11 as
sections 12 through 16, respectively; and
(2) by inserting after section 6 the following
new section:
‘‘SEC. 7. NATIONAL POLICY FOR PRIVATE AQUACULTURE.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of Commerce, the Secretary of the Inte-
rior, and the heads of other agencies, as appropriate, shall
coordinate and implement a national policy for private
aquaculture in accordance with this section.
‘‘(b) DEPARTMENT AQUACULTURE PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall develop
and implement a Department Aquaculture Plan (re-
ferred to in this section as the ‘plan’) for a unified
Department aquaculture program to support the de-
velopment of private United States aquaculture.
‘‘(2) ELEMENTS
OF
PLAN.—The plan shall
address—
‘‘(A) individual agency programs related to
aquaculture in the Department that are consist-
ent with Department programs applied to other
agricultural programs, livestock, crops, prod-
ucts, and commodities under the jurisdiction of
Department agencies;
‘‘(B) the treatment of cultivated aquatic
animals as livestock and cultivated aquatic
plants as agricultural crops; and
‘‘(C) means for effective coordination and
implementation of aquaculture activities and
programs within the Department, including in-
dividual agency commitments of personnel and
resources.
‘‘(3) DEADLINE.—Not later than 1 year after
the date of enactment of the National Aquaculture
Development, Research, and Promotion Act of 1994,
the Secretary shall submit the plan to Congress.
‘‘(4) REPORTS.—Not later than 1 year after the
date of the submission of the plan pursuant to para-
graph (3), and annually thereafter, the Secretary
shall report to Congress on actions taken to imple-
ment the plan during the year preceding the date of
the report.
‘‘(5) NATIONAL
AQUACULTURE
INFORMATION
CENTER.—
‘‘(A) IN GENERAL.—In carrying out sec-
tion 5, the Secretary may maintain and support
a National Aquaculture Information Center (re-
ferred to in this paragraph as the ‘Center’) as
a repository for information on national and
international aquaculture.
‘‘(B) PUBLIC ACCESS.—Information in the
Center shall be made available to the public.
‘‘(C) INTERNATIONAL
EXCHANGE.—The
head of the Center shall arrange with foreign
nations for the exchange of information relating
to aquaculture and shall support a translation
service.
‘‘(D) SUPPORT.—The Center shall provide
direct support to the coordinating group.
‘‘(c) 
NATIONAL
AQUACULTURE
DEVELOPMENT
PLAN.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of the National Aquaculture
Development, Research, and Promotion Act of 1994,
the Secretary shall revise the National Aquaculture
Development Plan required to be established under
section 4.
‘‘(2) COORDINATION.—The Secretary shall inte-
grate and coordinate the aquaculture and related
missions, major objectives, and program components
of individual aquaculture plans of the coordinating
group members.
‘‘(3) SUBMISSION
TO
CONGRESS.—Not later
than 1 year after the date of enactment of the Na-
tional Aquaculture Development, Research, and Pro-
motion Act of 1994, the Secretary shall submit a re-
vised Plan to Congress.
‘‘(4) UPDATES.—Not later than 5 years after
the date of the submission of the revised Plan pursu-
ant to paragraph (3), and annually thereafter, the
Secretary shall revise the National Aquaculture De-
velopment Plan.
‘‘(d) TREATMENT
OF
AQUACULTURE.—The Sec-
retary shall, for all purposes, treat—
‘‘(1) private aquaculture as a form of agri-
culture; and
‘‘(2) cultivated aquatic animals, plants, and
microorganisms, and products of the animals, plants,
and microorganisms, produced by private persons
and moving in standard commodity channels as agri-
cultural livestock, crops, and commodities.
‘‘(e) RESOLUTION OF INTERAGENCY CONFLICT.—In
consultation with representatives of affected Federal agen-
cies, the Secretary shall be responsible for resolving any