National Aquaculture Act of 1980
PL 96-362 (S.1650), enacted 09/26/1980

94 STAT. 1198 
PUBLIC LAW 96-362—SEPT. 26, 1980 
Public Law 96-362 
96th Congress 
An Act 
Sept. 26, 1980 
-p^ provide for the development of aquaculture in the United States, and for other 
[S. 1650] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
National 
United States of America in Congress assembled, That this Act may be 
^fTm ^''^ 
cited as the "National Aquaculture Act of 1980". 
16 u s e 2801 
note. 
FINDINGS, PURPOSE, AND POUCY 
16 use 2801. 
SEC. 2. (a) FINDINGS.—Congress finds the following: 
(1) The harvest of certain species of fish and shellfish 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 50 per centum of its fish and shellfish, 
but this dependence on imports adversely affects the national 
balance of payments and contributes to the uncertainty of 
supplies. 
(3) Although aquaculture currently contributes approximately 
10 per centum of world seafood production, less than 3 per 
centum of current United States seafood production results from 
aquaculture. Domestic aquacultural production, therefore, has 
the potential for significant growth. 
(4) Aquacultural production of aquatic plants can provide 
sources of food, industrial materials, pharmaceuticals, and 
energy, and can assist in the control and abatement of pollution. 
(5) The rehabilitation and enhancement of fish and shellfish 
resources are desirable applications of aquacultural technology. 
(6) The principal responsibility for the development of aquacul-
ture 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 economic, legal, and 
production factors, such as inadequate credit, diffused legal 
jurisdiction, the lack of management information, and the lack of 
reliable supplies of seed stock. 
(8) Many areas of the United States are suitable for aquacul-
ture, but are subject to land-use or water-use management 
policies that do not adequately consider the potential for aqua-
culture and may inhibit the development of aquaculture. 
(b) PURPOSE.—It is the purpose of this Act to promote aquaculture 
in the United States by— 
(1) declaring a national aquaculture policy; 
(2) establishing and implementing a national aquaculture 
development plan; and 
(3) encouraging aquaculture activities and programs in both 
the public and private sectors of the economy; 
that will result in increased aquacultural production, the coordina-
tion of domestic aquaculture efforts, the conservation and enhance-
PUBLIC LAW 96-362—SEPT. 26, 1980 
94 STAT. 1199 
ment of aquatic resources, the creation of new industries and job 
opportunities, and other national benefits. 
(c) POLICY.—Congress declares that aquaculture has the potential 
for augmenting existing commercial and recreational fisheries and 
for producing other renewable resources, thereby assisting the 
United States in meeting its future food needs and contributing to the 
solution of world resource problems. It is, therefore, in the national 
interest, and it is the national policy, to encourage the development 
of aquaculture in the United States. 
DEFINITIONS 
SEC. 3. As used in this Act, unless the context otherwise requires— 16 USC 2802. 
(1) The term "aquaculture" means the propagation and rear-
ing of aquatic species in controlled or selected environments, 
including, but not limited to, ocean ranching (except private 
ocean ranching of Pacific salmon for profit in those States where 
such ranching is prohibited by law). 
(2) The term "aquaculture facility" means any land, structure, 
or other appurtenance that is used for aquaculture and is located 
in any State. Such term includes, but is not limited to, any 
laboratory, hatchery, rearing pond, raceway, pen, incubator, or 
other equipment used in aquaculture. 
(3) The term "aquatic species" means any species of finfish, 
moUusk, crustacean, or other aquatic invertebrate, amphibian, 
reptile, or aquatic plant. 
(4) The term "coordinating group" means the interagency 
aquaculture coordinating group established by section 6. 
(5) The term "person" means any individual who is a citizen or 
national of the United States or of any State, any Indian tribe, 
any institution of higher education, and any corporation, part-
nership, association or other entity (including, but not limited to, 
any community development corporation, producer cooperative, 
or fishermen's cooperative) organized or existing under the laws 
of any State. 
(6) The term "Plan" means the National Aquaculture Develop-
ment Plan required to be established under section 4. 
(7) The term "Secretaries" means the Secretary of Agriculture, 
the Secretary of Commerce, and the Secretary of the Interior. 
(8) The term "State" means any of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Ameri-
can Samoa, the Virgin Islands of the United States, Guam, the 
Commonwealth of the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands, or any other territory or posses-
sion of the United States. 
NATIONAL AQUACULTURE DEVELOPMENT PLAN 
SEC. 4. (a) IN GENERAL.—(1) Within eighteen months after the date 16 use 2803. 
of the enactment of this Act, the Secretaries shall establish the 
National Aquaculture Development Plan. 
(2) In developing the Plan, and revisions thereto under subsection 
(d), beginning not later than six months after the date of enactment of 
this Act, the Secretaries shall consult with other appropriate Federal 
officers. States, regional fishery management councils established 
under section 302 of the Fishery Conservation and Management Act 
of 1976 (16 U.S.C. 1852), and representatives of the aquaculture 
industry. In addition, the Secretaries shall give interested persons Comments. 
79-194 
O - 8 1 - p t . 1 
79 : QL3 
94 STAT. 1200 
PUBLIC LAW 96-362—SEPT. 26, 1980 
Advisory 
committee 
membership. 
Travel expenses. 
and organizations an opportunity to comment during the develop-
ment of the Plan. 
(3) If the Secretaries deem it to be appropriate, they may establish, 
and appoint the members of, an advisory committee to assist in the 
initial development of the Plan. Individuals appointed to the advisory 
committee shall be knowledgeable or experienced in the principles 
and practices of aquaculture. The members of the advisory committee 
(other than officers or employees of the Federal Government), while 
away from their homes or regular places of business in the perform-
ance of services for the advisory committee, shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the same 
manner as persons employed intermittently in the Government 
service are allowed expenses under section 5703 of title 5 of the 
United States Code. 
(b) CONTENTS OF PLAN.—The Plan shall— 
(1) identify aquatic species that the Secretaries determine have 
significant potential for culturing on a commercial or other basis; 
(2) recommend actions to be taken by the public and private 
sectors (which may include, but are not limited to, research and 
development, technical assistance, demonstration, extension 
education, and training activities) that are necessary to achieve 
such potential; 
(3) address, after taking into account the status of aquaculture 
regarding the aquatic species concerned— 
(A) aquaculture facility design and operation, 
(B) water quality management, 
(C) use of waste products (including thermal effluents), 
(D) nutrition and the development of economical feeds, 
including natural food sources, 
(E) life history, genetics, physiology, pathology, and dis-
ease control (including research regarding organisms that 
may not be harmful to fish and shellfish, but are injurious to 
humans), 
(F) processing and market development, 
(G) production management and quality control, and 
(H) the development of adequate supplies of seed stock; 
(4) include, where appropriate, research programs on the effect 
of aquaculture on estuarine and other water areas and on the 
management of such areas for aquaculture; 
(5) include, where appropriate, programs to analyze, and for-
mulate proposed resolutions of, the legal or regulatory con-
straints that may affect aquaculture; and 
(6) include such other research and development, technical 
assistance, demonstration, extension education, and training 
programs as the Secretaries deem necessary or appropriate to 
carry out this Act. 
In formulating the Plan, the Secretaries shall, to the extent practica-
ble, take into account any significant action that (i) has been, or is 
proposed to be, undertaken by any other Federal department or 
agency, any State agency, or any person, and (ii) may affect the 
implementation of the Plan. 
(c) ACTIONS AND IMPLEMENTATION.—The Plan shall specify— 
(1) with respect to those actions that the Secretaries determine 
should be undertaken, the period of time within which each such 
action should be completed, in order to implement the Plan; and 
(2) with respect to each such action which of the Secretaries, 
acting individually, jointly, or collectively, has the responsibility 
for implementing the action. 
PUBLIC LAW 96-362—SEPT. 26, 1980 
94 STAT. 1201 
The specifications of Secretarial responsibilities under paragraph (2) 
for implementing actions shall be determined on the basis of— 
(A) the responsibilities conferred on the respective Secretaries 
by law or by any executive action having the effect of law 
(including, but not limited to, Reorganization Plan Numbered 4 
of 1970); and 
15USC1511 
(B) the experience, expertise, and other appropriate resources "°*® 
that the department of each such Secretary may have with 
respect to the action required under the activity concerned. 
(d) REVISION OP PLAN.—The Secretaries shall undertake periodic Periodic reviews, 
reviews of the operation and effectiveness of the Plan. If as a result of 
any such review, or the aquaculture assessment required under 
subsection (e), the Secretaries determine that— 
(1) any aquatic species not currently identified in the Plan has 
significant potential for aquaculture; 
(2) any action specified in the Plan is not being accomplished 
on a successful and timely basis; or 
(3) any action specified in the Plan should be terminated 
because its objectives have been achieved or its projected benefits 
do not warrant further support; 
the Secretaries shall appropriately amend the Plan. 
(e) CONTINUING AQUACULTURE ASSESSMENT.—The Secretaries, 
through the coordinating group, shall undertake a continuing assess-
ment of aquaculture in the United States for the purpose of maintain-
ing, on a continuing basis— 
(1) a complete profile of the aquacultural industry with respect 
to the incidence, size, and status of commercial aquacultural 
enterprises; 
(2) the identification of the private and public institutions and 
organizations involved in aquacultural research, extension, 
credit, and market development; 
(3) the identification of the various aquatic species being 
cultured and a description of the status of commercial develop-
ment of each of those species; 
(4) to the extent practicable, the identification of aquacultural 
production regions, species, and markets that have significant 
potential for development; 
(5) a catalog describing all Federal programs and activities that 
directly or indirectly encourage, support, or assist aquaculture; 
and 
(6) the identification of the economic, physical, legal, institu-
tional, and social constraints that inhibit the development of 
aquaculture in the United States. 
FUNCTIONS AND POWERS OF SECRETARIES 
SEC. 5. (a) MANDATORY FUNCTIONS.—In implementing the Plan, the 16 use 2804. 
Secretaries shall— 
(1) provide advisory, educational, and technical assistance 
(including training) with respect to aquaculture to interested 
persons, and in providing such assistance, shall, to the maximum 
extent practicable, avoid duplication of similar assistance pro-
vided by other Federal departments and agencies and by State 
agencies; 
(2) consult and cooperate with interested persons. Federal 
departments and agencies, State agencies, and regional fishery 
management councils established under section 302 of the Fish-
ery Conservation and Management Act of 1976 (16 U.S.C. 1852); 
94 STAT. 1202 
PUBLIC LAW 96-362—SEPT. 26, 1980 
(3) encourage the implementation of aquacultural technoloffyr 
in the rehabilitation and enhancement of publicly owned fish 
and shellfish stocks (including rehabilitation and enhancement 
by private nonprofit enterprises), and in the development of 
private commercial aquacultural enterprises; and 
(4) prescribe such regulations as may be necessary to carry out 
the Plan. 
(b) DISCRETIONARY FUNCTIONS.—In implementing the Plan, the 
Secretaries may— 
(1) for the purposes of assessing the biological, technical, and 
economic feasibility of any aquacultural system— 
(A) conduct tests of the system, and, if necessary to 
demonstrate its feasibility, construct, operate, and maintain 
developmental aquaculture facilities for testing laboratory 
results, and 
(B) conduct such other tests or analyses as may be 
necessary; 
(2) develop methods to enhance seed stocks of aquatic species; 
and 
(3) conduct such other tests or analyses or take such other 
actions as the Secretaries deem necessary or appropriate. 
(c) INFORMATION SERVICES.^1) In addition to performing such 
other required functions under this Act, the Secretaries shall— 
(A) establish and maintain an information service for the 
collection, analysis, and dissemination of scientific, technical, 
legal, and economic information relating to aquaculture; 
(B) conduct appropriate surveys, in coordination with other 
Federal departments and agencies, of public and private aquacul-
tural activities being conducted in the United States for the 
purpose of acquiring information on acreages, water use, produc-
tion, culture techniques, and other relevant matters; 
(C) arrange with foreign nations for the exchange of informa-
tion relating to aquaculture and support a translation service; 
(D) conduct a continuing study to determine whether existing 
capture fisheries could be adversely affected by competition from 
products produced by commercial aquacultural enterprises and 
include in such study— 
(i) an gissessment of any adverse effect, by species and by 
geographical region, on such fisheries, and 
(ii) recommended measures to ameliorate any such effect; 
and 
Report to 
(E) report to Congress on the findings of the study conducted 
Congress. 
under subparagraph (D) in the biennial status report required 
under subsection (d). 
Confidential 
(2) Any production information submitted to the Secretaries under 
information, 
paragraph (IXB) shall be confidentisd and may only be disclosed if 
disclosure. 
required under court order. The Secretaries shall prescribe such 
procedures as may be necessary to preserve such confidentiality. The 
Secretaries may release or make public any information in any 
aggregate or summary form that does not directly or indirectly 
disclose the identity, business transactions, or trade secrets of any 
person who submits such information. 
Submittal to 
(d) BiENNiAL REPORT.—The Secretaries, through the coordinating 
Congress. 
group, shgdl prepare on a biennied basis, and submit to Congress, a 
report on the status of aquaculture in the United States. Each such 
report shall contain a description and evaluation of the actions 
undertaken with respect to the Plan during the reporting period, an 
explanation of any revisions made to the Plan under section 4(d) 
PUBLIC LAW 96-362—SEPT. 26, 1980 
94 STAT. 1203 
during the reporting period, and such other comments and recom-
mendations as the Secretaries deem appropriate. The first report 
required under this subsection shall be submitted to Congress by 
September 30,1981. 
COORDINATION OP NATIONAL ACynVITIES REGARDING AQUACULTURE 
SEC. 6. (a) ESTABLISHMENT.—There is established within the Office 
of Science and Technology Policy an interagency aquaculture coordi-
nating group that shall, subject to subsection (f), operate as a Joint 
Subcommittee on Aquaculture of the Federal Coordinating Council 
on Science, Engineering, and Technology (hereinafter in this section 
referred to as the "Federal Council") established by Executive Order 
12039, dated February 24, 1978. The coordinating group shall be 
composed of the following members or their designees: 
(1) The Secretary of Agriculture. 
(2) The Secretary of 
Commerce. 
(3) The Secretary of 
the Interior. 
(4) The Secretary of Energy. 
(5) The Secretary of 
Health and Human Services. 
(6) The Administrator of the Environmental Protection 
Agency. 
(7) The Chief of Engmeers. 
(8) The Administrator of the Small Business Administration. 
(9) The Administrator of 
the Agency for International Develop-
ment. 
(10) The Chairman of 
the Tennessee Vall^ Authority. 
(11) The Director of the National Science Foundation. 
(12) The Governor of the Farm Credit Administration. 
(13) The heads of such other Federal agencies as are deemed 
appropriate by the Director of the Office of Science and Technol-
ogy Policy (hereinafter in this section referred to as the "Direc-
tor"), after consultation with the coordinating group. 
(b) PURPOSE AND FUNCTIONS.—The purpose of the coordinating 
group is to increase the overall effectiveness and productivity of 
Federal aquaculture reseeirch, transfer, and assistance programs. In 
fulfilling this purpose the coordinating group shall— 
(1) review the national needs for aquaculture research, trans-
fer, and assistance; 
(2) assess the effectiveness and adequacy of Federal efforts to 
meet those national needs; 
(3) undertake planning, coordination, and communication 
among Federal agencies engsiged in the science, engineering, and 
technology of aquaculture; 
(4) collect, compile, and disseminate information on aquacul-
ture; 
(5) encourage joint programs among Federal agencies in areas 
of 
mutual interest; and 
(6) recommend to the Federal Council specific actions on issues, 
problems, plans, and programs in aquaculture. 
(c) CHAIRMAN.—Each of the Secretaries or their designees, on such 
rotating basis as shall be determined by the Director, shall serve as 
the chairman of the coordinating group. The term of office of the 
chairman is two years. 
(d) REPORTS.—The coordinating group shall regularly report to the 
Chairman of the Federal Council on the coordinating group's activi-
ties and on recommendations concerning Federal policies and pro-
gr£ims related to aquaculture. 
Interagency 
aquaculture 
coordinating 
group. 
16 u s e 2805. 
42 u s e 6601 
note. 
Membership. 
94 STAT. 1204 
PUBLIC LAW 96-362—SEPT. 26, 1980 
(e) FEDERAL CONSISTENCY.—Each Federal department and agency 
that has functions or responsibiUties with respect to aquaculture or 
has jurisdiction over any activity that affects, or that may affect, the 
achievement of the purpose and policy of this Act, shall, in consulta-
tion with the coordinating group and to the maximum extent practi-
cable, perform such function, responsibility, or activity in a manner 
that is consistent with the purpose and policy of this Act. 
(f) FUNCTIONS IF FEDERAL COUNCIL TERMINATED.—If at any time 
after the date of the enactment of this Act, the functions of the 
Federal Council are by executive action terminated or transferred to 
an agency other than the Office of Science and Technology Policy, the 
coordinating group shall carry out its purpose under the direction of 
the Director. In that event, the recommendations of the coordinating 
group referred to in subsection (b)(6) and the reports required under 
subsection (d) shall be made to the Director. 
CONTRACTS AND GRANTS 
16 use 2806. 
SEC. 7. (a) IN GENERAL.—The Secretaries may each carry out any 
action that such Secretary is responsible for implementing under the 
Plan through grants to, or contracts with, any person, any other 
Federal department or agency, any State agency, or any regional 
commission. 
(b) TERMS AND CONDITIONS.—Any contract entered into, or any 
grant made, under subsection (a) shall contain such terms and 
conditions as the Secretary concerned shall by regulation prescribe as 
being necessary or appropriate to protect the interests of the United 
States. No contract may be entered into, and no grant may be made 
under subsection (a), for any purpose that is in violation of any 
applicable State or local law. 
(c) LIMITATION.—The amount of any grant made under subsection 
(a) may not exceed an amount equal to one-half the estimated cost of 
the project for which the grant is made. 
(d) AUDIT.—Each recipient of a grant or contract under this section 
shall make available to the Secretary concerned and to the Comptrol-
ler General of the United States, for purposes of audit and examina-
tion, any book, document, paper, or record that is pertinent to the 
funds received under such grant or contract. 
CAPITAL REQUIREMENTS FOR AQUACULTURE 
16 use 2807. 
SEC. 8. (a) CAPITAL REQUIREMENTS STUDY.—The Secretaries, 
through the coordinating group, shall conduct within twelve months 
after the date of enactment of this Act, a study of the capital 
requirements of the United States aquaculture industry. The study 
shall— 
(1) document and analyze any capital constraints that affect 
the development of aquaculture in the United States; and 
(2) evaluate the role that appropriate Federal financial assist-
ance does or could play in filling gaps in the normal credit 
market with respect to aquaculture. 
The study will identify the capital needs of the United States 
aquaculture industry, with emphasis on the needs that are not being 
filled either in normal credit channels or through government 
programs for direct loans, loan guarantees, disaster loans, and 
Submittal to 
insurance. Upon its completion, the Secretaries shall submit the 
Congress. 
results of the study to Congress. 
PUBLIC LAW 96-362—SEPT. 26, 1980 
94 STAT. 1205 
(b) CAPITAL REQUIREMENTS PLAN.—Based on the results of the 
Capital Requirements Study conducted under subsection (a), and 
within six months of the completion of the study, the Secretaries 
shall formulate a plan for acting on the study's findings. The plan 
shall include: (1) those Federal actions, if any, found to be necessary 
to meet financial needs unmet through normal credit channels and 
existing Federal programs; and (2) recommendations, if any, for 
legislative actions. Upon completion, the plan shall be submitted to 
Congress. 
Submittal to 
Congress. 
REGULATORY CONSTRAINTS ON AQUACULTURE 
SEC. 9. (a) REGULATORY CONSTRAINTS STUDY.—The Secretaries, 16 use 2808 
through the coordinating group, shall conduct, within twelve months 
after the date of enactment of this Act, a study of the State and 
Federal regulatory restrictions to aquaculture development in the 
United States. The study shall— 
(1) include a literature review and a descriptive list identifying 
the parameters of the issue; 
(2) identify and list relevant current and pending Federal 
regulations restricting the development of commercial aquacul-
ture operations; 
(3) identify and list relevant current State regulations restrict-
ing the development of commercial aquaculture operations in 
five States selected randomly in five separate geographic regions 
of the United States; 
(4) conduct case studies of ten commercial aquaculture oper-
ations in the United States representing a wide range of marine 
and fresh water species to determine the practical effects of 
regulatory restrictions on aquaculture; and 
(5) develop a flow-chart time line using the information ob-
tained by means of paragraphs (1) through (4) to identify those 
regulations and restrictions that could have the most detrimen-
tal effect in establishing commercial aquaculture operations in 
the United States. 
Upon completion of the study, the Secretaries shall submit its results 
to Congress. 
(b) REGULATORY CONSTRAINTS PLAN.—Based on the results of the 
Regulatory Constraints Study conducted under subsection (a), and 
within six months of the study's completion, the Secretaries shall 
formulate a plan for acting on the study's findings. The plan will 
contain specific steps the Federal Government can take to remove 
unnecessarily burdensome regulatory barriers to the initiation and 
operation of commercial aquaculture ventures. Upon its completion, 
the Secretaries shall submit the plan to Congress. 
Submittal to 
Congress. 
Submittal to 
Congress. 
AUTHORIZATIONS FOR APPROPRIATIONS 
SEC. 10. For purposes of carrying out the provisions of this Act, 16 USC 2809. 
there are authorized to be appropriated— 
(1) to the Department of Agriculture— 
(A) $7,000,000 for fiscal year 1981, 
(B) $10,000,000 for fiscal year 1982, and 
(C) $12,000,000 for fiscal year 1983; 
(2) to the Department of Commerce— 
(A) $7,000,000 for fiscal year 1981, 
(B) $10,000,000 for fiscal year 1982, and 
(C) $12,000,000 for fiscal year 1983; and 
94 STAT. 1206 
PUBLIC LAW 96-362—SEPT. 26, 1980 
(3) to the Department of 
the Interior— 
(A) $3,000,000 for fiscal year 1981, 
(B) $4,000,000 for fiscal year 1982, and 
(O $5,000,000 for fiscal year 1983. 
Funds authorized by this section shall be in addition to, and not in 
lieu of, funds authorized by any other Act. 
D
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16 use 2810. 
SEC. 11. Nothing in this Act shall be construed to amend, repeal, or 
otherwise modify the authority of any Federal officer, depsortment, or 
agency to perform any function, responsibility, or activity authorized 
under any other provision of law. 
Approved September 26, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-198, Pt. 1 (Comm. on Merchant Marine and Fisheries) and 
No. 96-198, Pt. 2, (Comm. on Agriculture) both accompanying 
H.R. 20. 
SENATE REPORT No. 96-660 (Comm. on Commerce, Science, and Transportation) 
and (Comm. on Agriculture, Nutrition and Forestry). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Apr. 30, considered and passed Senate. 
Sept. 8, H.R. 20 considered and passed House; passage vacated and S. 1650, 
amended, passed in lieu. 
Sept. 11, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 39: 
Sept. 26, Presidential statement.