21 USC 962. Definitions. 21 USC 955b. 46 USC 1451 note. 13 UST 2315. Offense. 21 USC 955c. 21 USC 955d. 21 USC 881. Act if such offense is a second or subsequent offense as defined in section 1012(b) of that Act. (h) This section is intended to reach acts of possession, manufacture, or distribution committed outside the territorial jurisdiction of the United States. SEC. 2. As used in this Act (a) "Customs waters" means those waters as defined in section 401(j) of the Tariff Act of 1930 (19 U.S.C. 1401(j)). (b) "High seas” means all waters beyond the territorial seas of the United States and beyond the territorial seas of any foreign nation. (c) "Vessel of the United States" means any vessel documented under the laws of the United States, or numbered as provided by the Federal Boat Safety Act of 1971, as amended, or owned in whole or in part by the United States or a citizen of the United States, or a corporation created under the laws of the United States, or any State, Territory, District, Commonwealth, or possession thereof, unless the vessel has been granted nationality by a foreign nation in accordance with article 5 of the Convention on the High Seas, 1958. (d) "Vessel subject to the jurisdiction of the United States" includes a vessel without nationality or a vessel assimilated to a vessel without nationality, in accordance with paragraph (2) of article 6 of the Convention on the High Seas, 1958. (e) "Comprehensive Act" means the Comprehensive Drug Abuse Control and Prevention Act of 1970 (21 U.S.C. 801-966). All terms used in this Act that are defined in the Comprehensive Act have the meanings assigned to them by that Act. SEC. 3. Any person who attempts or conspires to commit any offense defined in this Act is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy. SEC. 4. Any property described in section 511(a) of the Comprehensive Act that is used or intended for use to commit, or to facilitate the commission of, an offense under this Act shall be subject to seizure and forfeiture in the same manner as similar property seized or forfeited under section 511 of the Comprehensive Act. Approved September 15, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-323 (Comm. on Merchant Marine and Fisheries). Vol. 125 (1979): July 23, considered and passed House. Vol. 126 (1980): July 24, considered and passed Senate, amended. July 31, House concurred in certain Senate amendments, in Sept. 3, Senate concurred in House amendments. Sept. 26, 1980 [S. 1650] National Aquaculture Act of 1980. 16 USC 2801 note. 16 USC 2801. Public Law 96-362 96th Congress 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". 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 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 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 the 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. (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 coordination of domestic aquaculture efforts, the conservation and enhance 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 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. (a) IN GENERAL.-(1) Within eighteen months after the date 16 USC 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. Advisory committee membership. 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 Travel expenses. 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 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 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 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, (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 formulate proposed resolutions of, the legal or regulatory constraints 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 practicable, 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. 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 15 USC 1511 note. (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 OF 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 assessment of aquaculture in the United States for the purpose of maintaining, 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 development 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, institutional, 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 USC 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 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 302 of the Fishery Conservation and Management Act of 1976 (16 U.S.C. 1852); |