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16 U.S.C. § 2804Functions and powers of Secretaries

submitted 46 years ago by Pub. L. 96-362 to r/title-16-CONSERVATION · 670 words · no verdicts yet

in plain englishAI-generated · not legal advice

In carrying out the National Aquaculture Development Plan, the Secretaries must provide assistance, cooperate with affected people and agencies, encourage aquaculture technology, and issue needed regulations. They may conduct feasibility work and must collect information, protect submitted production data, and report on aquaculture.

(a) Mandatory functions. In implementing the Plan, the Secretaries must (1) provide interested people advisory, educational, and technical assistance, including training, while avoiding duplication of similar Federal or State assistance as much as practicable; (2) consult and cooperate with interested people, Federal and State agencies, and regional fishery councils under section 1852; (3) encourage aquaculture technology for restoring and improving publicly owned fish and shellfish stocks, including work by private nonprofits, and for developing private commercial aquaculture; and (4) issue regulations needed to carry out the Plan. (b) Optional functions. They may (1) assess biological, technical, and economic feasibility by (A) testing systems and, if needed, building, operating, and maintaining developmental facilities to test laboratory results and (B) conducting other needed tests or analyses; (2) develop methods to improve aquatic-species seed stocks; and (3) conduct other tests, analyses, or actions they consider needed or appropriate. (c)(1) The Secretaries must collect and analyze scientific, technical, legal, and economic aquaculture information, including acreage, water use, production, marketing, culture methods, and related matters. The Secretary must (i) establish an Agriculture Department National Aquaculture Information Center to store information generated under (A) and other chapter provisions and provide it to the public on request; (ii) arrange foreign information exchanges and support translation; and (iii) study Federal-program access by United States aquaculture and report findings to Congress by December 31, 1986. Commerce must study and report by December 31, 1987, whether commercial aquaculture products could harm existing capture fisheries through competition, assess effects by species and region, and recommend remedies. Interior, consulting Commerce, must study and report by that date the exotic species introduced into United States waters through aquaculture and potential benefits and impacts. (2) Production information submitted under (1)(A) is confidential and may be disclosed only under court order; the Secretaries must preserve confidentiality. They may publish aggregate or summary information that does not directly or indirectly reveal a submitter’s identity, business transactions, or trade secrets. (d) The Secretary, through the coordinating group and consulting Commerce and Interior, must every two years submit a report on United States aquaculture. It must describe and evaluate Plan actions during the period, explain Plan revisions, and include other appropriate comments and recommendations. The report was due no later than February 1, 1988.
the actual law source: uscode.house.gov ↗public domain
(a) Mandatory functions

In implementing the Plan, the 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 provided 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 1852 of this title;

(3)

encourage the implementation of aquacultural technology 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 mandatory functions under this chapter—

(A)

the Secretaries shall collect and analyze scientific, technical, legal, and economic information relating to aquaculture, including acreages, water use, production, marketing, culture techniques, and other relevant matters;

(B)

the Secretary shall—

(i)

establish, within the Department of Agriculture, a National Aquaculture Information Center that shall serve as a repository for the information generated under subparagraph (A) and other provisions of this chapter and shall, on a request basis, make that information available to the public,

(ii)

arrange with foreign nations for the exchange of information relating to aquaculture and support a translation service, and

(iii)

conduct a study of the extent to which the United States aquaculture industry has access to relevant Federal programs which assist the agricultural sector and report to Congress on the findings of such study by December 31, 1986;

(C)

the Secretary of Commerce shall conduct a study, and report to Congress thereon by December 31, 1987, to determine whether existing capture fisheries could be adversely affected by competition from products produced by commercial aquacultural enterprises and include in such study an assessment of any adverse effect, by species and by geographical region, on such fisheries and recommend measures to ameliorate any such effect; and

(D)

the Secretary of the Interior, in consultation with the Secretary of Commerce, shall undertake a study, and report to Congress thereon by December 31, 1987, to identify exotic species introduced into the United States waters as a result of aquaculture activities, and to determine the potential benefits and impacts of the introduction of exotic species.

(2)

Any production information submitted to the Secretaries under paragraph (1)(A) shall be confidential and may only be disclosed if required under court order. The Secretaries shall 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.

(d) Biennial report

The Secretary, through the coordinating group and in consultation with the Secretary of Commerce and the Secretary of the Interior,,1 shall prepare on a biennial basis, and submit to Congress, a report on the status of aquaculture in the United States. 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 during the reporting period, and such other comments and recommendations as the Secretary deems appropriate. The report required by this subsection shall be submitted to the Congress not later than February 1, 1988.

Source credit: (Pub. L. 96–362, § 5, Sept. 26, 1980, 94 Stat. 1201; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–198, title XVII, § 1735, Dec. 23, 1985, 99 Stat. 1642; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-362 · 94 Stat. 1201
  • 1980Amended · Pub. L. 96-561 · 94 Stat. 3300
  • 1985Amended · Pub. L. 99-198 · 99 Stat. 1642
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009, 3009

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-362 on 1980-09-26.

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