and to use such funds to acquire or manage lands or interests therein; and (8) to administer such lands or interests therein for the purposes of this Act. Title to lands or interests therein acquired pursuant to this Act shall be in the cooperating States or other non-Federal interests. SEC. 3.5 Activities authorized by this Act to be performed on lands administered by other Federal departments or agencies shall be carried out only with the prior approval of such departments or agencies. SEC. 4.6 (a) There are authorized to be appropriated to carry out the purposes of this Act not to exceed the following sums: (1) $11,000,000 for fiscal year 1980. Sums appropriated under this subsection are authorized to remain available until expended. (b) Not more than $1,125,000 of the funds appropriated under this section in any one fiscal year shall be obligated in any one. State. 7 SEC. 5. This Act shall not be construed to affect, modify, or apply to the same area as the provisions of the Act of May 11, 1938 (52 Stat. 345), as amended (16 U.S.C. 755–757). SEC. 6.8 The Secretary of the Interior shall, on the basis of studies carried out pursuant to this Act and section 5 of the Fish and Wildlife Coordination Act (48 Stat. 402), as amended (16 U.S.C. 665), make recommendations to the Secretary of Health, Education, and Welfare concerning the elimination or reduction of polluting substances detrimental to fish and wildlife in interstate or navigable waters or the tributaries thereof. Such recommendations and any enforcement measures initiated pursuant thereto by the Secretary of Health, Education, and Welfare shall be designed to enhance the quality of such waters, and shall take into consideration all other legitimate uses of such waters. SEC. 7.9 (a) The Secretary shall cooperate with States and other non-Federal interests in conducting studies of (1) the size and distribution of the population of striped bass (Morone saxatilis), including, but not limited to, studies to determine the amount and geographical location of annual spawning; and (2) the factors responsible for the decline in the number of striped bass that are available to the public for recreational and commercial use, including, but not limited to (A) analyses of the extent and causes of mortality at successive stages in the life cycle of striped bass, (B) a determination of the effects of pollution on the via bility and condition of eggs and larval fish, and (C) a survey of the economic importance of recreational and commercial striped bass fisheries. 5 16 U.S.C. 757c. 616 U.S.C. 757d. The current authorization levels were provided by the Act of November 16, 1979, Public Law 96-118, 93 Stat. 859. 7 16 U.S.C. 757e. 8 16 U.S.C. 757f. 9 Added by the Act of November 16, 1979, Public Law 96-118, section 4, 93 Stat. 859. 18-137 0-83--17 (b) The Secretary shall make annual reports to the Congress concerning the progress and findings of the studies conducted pursuant to subsection (a) of this section. Such reports shall, where appropriate, contain recommendations of actions which could be taken to improve the population of striped bass. (c) For purposes of conducting the studies required by this section, the Secretary may enter into agreements with States and other non-Federal interests in accordance with the provisions of the first section of this Act or he may carry out such studies directly, as he deems appropriate: Provided, That any agreement entered into pursuant to this subsection shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts. (d) There are authorized to be appropriated for the purposes of carrying out the studies described in subsection (a) of this section not to exceed $1,000,000 for the fiscal year ending September 30, 1980, not to exceed $1,750,000 for the fiscal year ending September 30, 1981 and not to exceed $2,000,000 for the fiscal year ending September 30, 1982. Funds authorized to be appropriated by this subsection are in addition to any funds authorized by section 4 which may be used for projects involving or affecting striped bass. If the Secretary considers that the studies described in subsection (a) should be continued after September 30, 1982, the Secretary shall inform the Congress in writing before February 15, 1981, of the reasons why and for how long such continuation is believed to be warranted. SEC. 8.10 This Act may be cited as the "Anadromous Fish Conservation Act." 10 16 U.S.C. 757 note. NATIONAL AQUACULTURE ACT OF 1980 Act of September 26, 1980, Public Law 96-362, 94 Stat. 1198, 16 U.S.C. 2801, et seq. AN ACT To provide for the development of aquaculture in the United States and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "National Aquaculture Act of 1980." 1 FINDINGS, PURPOSE, AND POLICY 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 aquaculture production, therefore, has the potential for significant growth. (4) Aquaculture 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 aquaculture technology. (6) The principal responsibility for the development 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 economic, legal, and production factors, such as inadequate credit, diffused legal jurisdiction, the lack of management information, and lack of reliable supplies of seed stock. (8) Many areas of the United States are suitable for aquaculture, but are subject to land-use or water-use management policies that do not adequately consider the potential for aquaculture and may inhibit the development of aquaculture. See also the National Agricultural Research, Extension, and Teaching Policy Act of 1977, "Subtitle L-Aquaculture", added by the Agriculture and Food Act of 1981, Public Law 97-98, section 1440(a), 95 Stat. 1316, page 105. (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 aquaculture production, the coordination of domestic aquaculture efforts, the conservation and enhancement 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. 3.2 As used in this Act, unless the context otherwise requires (1) The term "aquaculture" means the propagation and rearing 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, mollusk, 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, partnership, 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 Development 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, American 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 possession of the United States. NATIONAL AQUACULTURE DEVELOPMENT PLAN SEC. 4.3 (a) IN GENERAL.-(1) Within eighteen months after the date 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 acquaculture industry. In addition, the Secretaries shall give interested persons and organizations an opportunity to comment during the development 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 acquaculture. 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 performance 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 acquaculture regarding the aquatic species concerned (A) acquaculture 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 disease control (including research regarding organisms that may not be harmful to fish and shellfish, but are injurious to humans), (F) processing and market development, 3 16 U.S.C. 2803. |