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National Aquaculture Act

Congress enacted the National Aquaculture Act on the 26th of September 1980.  The Act provides a national aquaculture policy, establishes a national aquaculture development plan, and requires federal coordination of aquaculture activities[i].  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)[ii].”

The Act was enacted to promote and support the development of private aquaculture.  The Act also ensures coordination among the various federal agencies that have aquaculture programs and policies.  Further, it provides for a national aquaculture policy, including a formal National Aquaculture Development Plan.

The Act established a Joint Subcommittee on Aquaculture consisting of the officials of the United States Department of Agriculture (USDA), Commerce, Interior, and nine other federal agencies.  The USDA is designated as the lead agency for coordination and the National Aquaculture Information Center is authorized within the National Agricultural Library.

Congress found the following:

  • The harvest of certain species of fish and shell fish is beyond the optimum sustainable yield, which makes it difficult to meet increasing demand and requiring import levels that are detrimental to the national balance of payments;
  • Domestic aquaculture production has the potential for significant growth;
  • Aquatic plants can provide sources of food, industrial materials, pharmaceuticals and energy, and also can assist in pollution control;
  • Aquacultural technology should be applied to the rehabilitation and enhancement of fish and shellfish resources;
  • The principal responsibility for development of aquaculture should rest with the private sector; and
  • Many areas suitable for aquaculture are subject to land or water use policies that may inhibit its development[iii].

 

Congress declared that the national policy is to encourage development of aquaculture in the U.S. because aquaculture has the potential to reduce the U.S. trade deficit in fisheries products, augment existing commercial and recreational fisheries, and produce other renewable resources, which in turn, shall help in meeting future food needs of the U.S. and shall contribute to the solution of world resource problems[iv].

The Act established a National Aquaculture Development Plan.  The Plan was required to: identify aquatic species that have significant potential for culturing on a commercial or other basis; recommend public and private sector actions required to achieve this potential; address various species’ management and production issues; include research programs on aquaculture’s effect on estuarine and other water areas, and programs to analyze and resolve legal and regulatory constraints on aquaculture, wherever appropriate; include other research and development, technical assistance, demonstration, education and training programs that the Secretary considers appropriate[v].

The Act required the Plan to specify time frames and responsibilities for its implementation and for the Plan to be revised periodically.  In implementing the Plan, the Act required the Secretaries to: provide advisory, educational, and technical assistance on aquaculture, and consult and cooperate with federal and state agencies and fishery councils; encourage the use of aquacultural technology in the rehabilitation and enhancement of publicly owned fish and shellfish stocks; and enact necessary regulations.

The Secretary is also required to exchange information with foreign nations and to study the extent to which the aquacultural industry has access to federal agricultural programs, the impact on captive fisheries, as well as the impact of exotic species introduction.  The Secretary has to submit a report to Congress on the status of aquaculture in the U.S[vi].

[i] 16 USCS § 2801.

[ii] 16 USCS § 2802.

[iii] 16 USCS § 2801.

[iv] Id.

[v] 16 USCS § 2803.

[vi] 16 USCS § 2804.


Inside National Aquaculture Act