Introduced Senate Bill 1080
(Akaka - Aquaculture)
S1080 Akaka (D-HI) 07/29/97
Introduced in Senate
National Aquaculture Development, Research, and Promotion Act of
1997.
105TH CONGRESS
1ST SESSION
S. 1080
To amend the National Aquaculture Act of 1980 to provide for the
coordination and implementation of a national aquaculture policy
for the private sector by the Secretary of Agriculture, to
establish an aquaculture development and research program, and for
other purposes.
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IN THE SENATE OF THE UNITED STATES
July 29, 1997
Mr. AKAKA (for himself, Mr. CRAIG, Mr. LEAHY, and Mr. DASCHLE)
introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
=======================
A BILL
To amend the National Aquaculture Act of 1980 to provide for the
coordination and implementation of a national aquaculture policy
for the private sector by the Secretary of Agriculture, to
establish an aquaculture development and research program, and for
other purposes.
//Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,\\
!!SECTION 1. SHORT TITLE; TABLE OF CONTENTS.!!
(a) SHORT TITLE.--This Act may be cited as the "National
Aquaculture Development, Research, and Promotion Act of 1997".
(b) TABLE OF CONTENTS.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. National aquaculture development plan.
Sec. 5. National Aquaculture Information Center.
Sec. 6. Coordination with the aquaculture industry.
Sec. 7. Aquaculture commercialization research.
Sec. 8. National policy for private aquaculture.
Sec. 9. Authorization of appropriations.
Sec. 10. Eligibility of aquaculture farmers for farm credit
assistance.
Sec. 11. International aquaculture information and data collection.
Sec. 12. Aquaculture information network report.
Sec. 13. Implementation report.
!!SEC. 2. FINDINGS AND PURPOSE.!!
(a) FINDINGS.--Section 2 of the National Aquaculture Act of
1980 (16 U.S.C. 2801) is amended by striking subsection (a) and
inserting the following:
"(a) FINDINGS.--Congress finds the following:
"(1)(A) The wild harvest or capture of certain seafood
species exceeds levels of optimum sustainable yield, thereby
making it more difficult to meet the increasing demand for
aquatic food.
"(B) The Food and Agriculture Organization of the United
Nations has identified aquaculture as one of the world's fastest
growing food production activities.
"(C) The world production of aquaculture doubled from
10,000,000 metric tons in 1984 to 21,300,000 metric tons in 1995,
with a value of approximately $40,000,000,000.
"(D) The United States produced 666,000,000 pounds of
aquaculture products in 1994, less than 3 percent of the world
output.
"(E) The United States is a major importer of aquaculture
products.
"(2)(A) To satisfy the domestic market for aquatic food,
the United States imports more than 59 percent of its seafood.
"(B) This dependence on imports adversely affects the
national balance of payments and contributes to the uncertainty
of supplies and product quality.
"(3)(A) Although aquaculture currently contributes
approximately 17 percent by weight of world seafood production,
less than 9 percent by weight of current United States seafood
production results from aquaculture.
"(B) As a result, domestic aquaculture production has the
potential for significant growth.
"(4) Aquaculture production of aquatic animals and plants
is a source of food, industrial materials, pharmaceuticals,
energy, and aesthetic enjoyment, 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 scientific,
economic, legal, and production factors, such as--
"(A) inadequate credit;
"(B) limited research and development and demonstration
programs;
"(C) diffused legal jurisdiction;
"(D) inconsistent interpretations between Federal
agencies;
"(E) the lack of management information;
"(F) the lack of supportive policies of the Federal
Government;
"(G) the lack of therapeutic compounds for treatment of
the diseases of aquatic animals and plants;
"(H) the lack of reliable supplies of seed stock; and
"(I) the availability of additional species for
commercial production.
"(8) Many areas of the United States are suitable for
aquaculture, but are subject to land-use or water-use management
policies and regulations that do not adequately consider the
potential for aquaculture and may inhibit the development of
aquaculture.
"(9) In 1994, the United States ranked only ninth in the
world in aquaculture production based on total value of
products.
"(10) Despite the current and increasing importance of
private aquaculture to the United States economy and to rural
areas in the United States, Federal efforts to nurture
aquaculture development have failed to keep pace with the needs
of fish and aquatic plant farmers.
"(11) The United States has a premier opportunity to expand
existing aquaculture production and develop new aquaculture
industries to serve national needs and the global marketplace.
"(12) United States aquaculture provides wholesome products
for domestic consumers and contributes significantly to
employment opportunities and the quality of life in rural areas
in the United States.
"(13)(A) Aquaculture is poised to become a major growth
industry of the 21st century.
"(B) With global seafood demand projected to increase 70
percent by 2025, and harvests from capture fisheries stable or
declining, aquaculture will have to increase production by 700
percent, a total of 77 million metric tons annually, to meet
that projection.
"(14)(A) In 1983, United States aquaculture production was
308,400,000 pounds with a farm gate value of $261,000,000.
"(B) In 1994, the industry produced 666,000,000 pounds with
a farm gate value of $751,000,000.
"(C) Aquaculture accounted for approximately 6 percent of
the total United States fish and shellfish harvest in 1994.
"(15)(A) In 1994, per capita consumption of aquatic foods
in the United States was 15 pounds per person per year.
"(B) Demand is projected to double by 2025.".
(b) PURPOSE.--Section 2(b) of the National Aquaculture Act of
1980 (16 U.S.C. 2801(b)) is amended--
(1) by striking paragraph (2) and inserting the following:
"(2) establishing private aquaculture as a form of
agriculture for the purposes of programs of the Department;";
(2) in paragraph (3), by striking "and" at the end; and
(3) by inserting after paragraph (4) the following:
"(5) establishing cultivated aquatic animals, plants,
microorganisms, and their products produced by private persons
and moving in commodity channels as agricultural livestock,
crops, and commodities; and
"(6) authorizing the establishment of a National
Aquaculture Information Center within the Department to support
the United States aquaculture industry;".
!!SEC. 3. DEFINITIONS.!!
Section 3 of the National Aquaculture Act of 1980 (16 U.S.C.
2802) is amended--
(1) in paragraph (1), by striking "the propagation" and all
that follows through the period at the end and inserting "the
controlled cultivation of aquatic plants, animals, and
microorganisms, except that the term does not include private,
for-profit ocean ranching of Pacific salmon in a State in which
the ranching is prohibited by law.";
(2) in paragraph (3), by inserting before the period at the
end the following: "or microorganism";
(3) by redesignating paragraphs (7) through (9) as
paragraphs (9) through (11), respectively;
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(5) by inserting after paragraph (4) the following:
"(5) DEPARTMENT.--The term `Department' means the United
States Department of Agriculture."; and
(6) by inserting before paragraph (9) (as redesignated by
paragraph (3)) the following:
"(8) PRIVATE AQUACULTURE.--The term `private aquaculture'
means the controlled cultivation of aquatic plants, animals, and
microorganisms other than cultivation carried out by the Federal
Government or any State or local government.".
!!SEC. 4. NATIONAL AQUACULTURE DEVELOPMENT PLAN.!!
Section 4 of the National Aquaculture Act of 1980 (16 U.S.C.
2803) is amended--
(1) in subsection (b)(3)(B), by adding at the end the
following: "including the development of best management
practices for maintaining water quality,";
(2) in subsection (e)--
(A) in paragraph (5), by striking "and" at the end;
(B) in paragraph (6), by striking the period at the end
and inserting "; and"; and
(C) by adding at the end the following:
"(7) the identification of efforts of States to improve
water quality through the development of best management
practices."; and
(3) by adding at the end the following:
"(f) ACCOMPLISHMENTS IN AQUACULTURE PROGRAMS.--Not later than
December 31, 1998, the Secretary, in collaboration with the
Secretary of Commerce and the Secretary of the Interior, shall
submit to Congress a report evaluating the actions taken in
accordance with subsection (d) with respect to the Plan, and making
recommendations for updating and modifying the Plan. The report
shall also contain a compendium on Federal regulations relating to
aquaculture.".
!!SEC. 5. NATIONAL AQUACULTURE INFORMATION CENTER.!!
Section 5 of the National Aquaculture Act of 1980 (16 U.S.C.
2804) is amended--
(1) in subsection (c)(1)(B)--
(A) by striking "Secretary shall--" and inserting
"Secretary--";
(B) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(C) by striking clause (i) and inserting the following:
"(i) may establish within the regional centers of
aquaculture established under section 1475(d) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3322(d)), or within the
institutions affiliated with the regional centers, a means
of electronically compiling and accessing information for
the National Aquaculture Information Center;
"(ii) may establish, within the Department, a National
Aquaculture Information Center that shall--
"(I) serve as a repository and clearinghouse for
the information collected under subparagraph (A) and
other provisions of this Act;
"(II) carry out a program to notify organizations,
institutions, and individuals known to be involved in
aquaculture of the existence of the Center and the kinds
of information that the Center can make available to the
public; and
"(III) make available, on request, information
described in subclause (I) (including information
collected under subsection (e));";
(D) in clause (iii) (as redesignated by subparagraph
(B))--
(i) by inserting "shall" before "arrange"; and
(ii) by striking the comma and inserting a
semicolon; and
(E) in clause (iv) (as redesignated by subparagraph
(B)), by inserting "shall" before "conduct"; and
(2) in the first sentence of subsection (d), by striking
"Interior,," and inserting "Interior,".
!!SEC. 6. COORDINATION WITH THE AQUACULTURE INDUSTRY.!!
Section 6(b) of the National Aquaculture Act of 1980 (16 U.S.C.
2805(b)) is amended--
(1) in paragraph (4), by inserting before the semicolon at
the end the following: ", including information on best
management practices for maintaining water quality";
(2) in paragraph (5), by striking "and" at the end;
(3) in paragraph (6), by striking the period at the end and
inserting "; and"; and
(4) by adding at the end the following:
"(7) facilitate improved communication and interaction
among aquaculture producers, the aquaculture community, the
Federal Government, and the coordinating group, establish a
working relationship with national organizations, commodity
associations, and professional societies representing
aquaculture interests.".
!!SEC. 7. AQUACULTURE COMMERCIALIZATION RESEARCH.!!
The National Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.)
is amended--
(1) by redesignating sections 7 through 11 as sections 9
through 13, respectively; and
(2) by inserting after section 6 the following:
!!"SEC. 7. AQUACULTURE COMMERCIALIZATION RESEARCH.!!
"(a) ASSISTANCE AND COORDINATION.--
"(1) IN GENERAL.--The Secretary may make grants and enter
into contracts with any person or governmental agency to support
the market development and commercialization of aquaculture
research and technology that--
"(A) demonstrates strong potential for accelerating the
transfer to the marketplace of aquaculture products,
processes, and technologies that can improve profitability,
production, efficiency, and sustainability of existing and
emerging aquaculture sectors;
"(B) will help the United States aquaculture industry
to be more competitive in the global marketplace; and
"(C) will facilitate the commercialization of promising
research and technologies deriving from existing aquaculture
research programs.
"(2) COST SHARE.--
"(A) FEDERAL SHARE.--Except as provided in subparagraph
(B), the Federal share of the cost of a grant or contract
under this section shall be 80 percent.
"(B) REMAINING SHARE.--The remaining share of the cost
of a grant or contract under this section may be--
"(i) in the form of cash or in-kind payments; and
"(ii) partially comprised of funds made available
under other Federal programs, except that the non-
Federal share may not be less than 10 percent of the
cost of the grant or contract.
"(b) PRIORITIES.--In making grants or awarding contracts under
subsection (a), the Secretary shall give a higher priority to--
"(1) highly focused, applied aquaculture research;
"(2) investigations of new aquaculture products or
processes that demonstrate a high potential for
commercialization;
"(3) market development programs for new or improved
aquaculture products or processes;
"(4) activities that have a strong potential to create
employment opportunities involving aquaculture;
"(5) other activities that accelerate the commercialization
of promising aquaculture technologies;
"(6) the extent to which the proposal promotes sustainable
aquaculture development; and
"(7) the extent to which the proposal includes
participation with a private aquaculture farm or business that
supplies products or services that are necessary for aquaculture
farming.
"(c) COMPETITIVE REVIEW.--
"(1) IN GENERAL.--To be eligible to receive a grant or
enter into a contract under subsection (a), a proposal shall be
competitively reviewed under procedures established by the
Secretary.
"(2) COMPETITIVE REVIEW PANELS.--A competitive review panel
shall be composed of individuals appointed by the Secretary, at
least 50 percent of whom work in private aquaculture or have a
demonstrated competence to objectively evaluate the likelihood
of a proposal being economically successful or promoting
economic success within the aquaculture industry.
"(3) EVALUATION.--The competitive review shall be based on
an evaluation of--
"(A) the quality of the proposal and the research
methodology;
"(B) the capability of the participating organization
to perform the proposed work;
"(C) the amount of matching funds provided by the
participating organization or obtained from non-Federal
sources;
"(D) in the case of a noncommercial entity, the
existence of a cooperative arrangement with a commercial
entity; and
"(E) such other factors as the Secretary determines to
be appropriate.
"(d) LIMITATIONS.--
"(1) REGIONAL AQUACULTURE CENTERS.--Not less than 40
percent of the amounts made available to carry out this section
for a fiscal year shall be used to carry out projects that will
facilitate the commercialization of research or investigations
funded or coordinated by regional aquaculture centers
established under section 1475(d) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3322(d)).
"(2) ADMINISTRATIVE EXPENSES.--Not more than 3 percent of
the amounts made available to carry out this section for a
fiscal year may be used by the Secretary to pay the expenses of
administration and information collection and dissemination.
"(3) CONSTRUCTION COSTS.--None of the funds made available
under this section may be used for the construction of a new
building or the acquisition, expansion, remodeling, or
alteration of an existing building (including site grading and
improvement and architect fees).
"(e) REPORTS.--An eligible entity that receives a grant or
enters into a contract with respect to a project carried out under
this section shall submit an annual progress report, and a final
report, to the Secretary that describes project activities and
commercial and economic accomplishments and impacts.
"(f) APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.--The
Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of
the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall
not apply to a panel or board created solely for the purpose of
reviewing applications or proposals submitted under this section.".
!!SEC. 8. NATIONAL POLICY FOR PRIVATE AQUACULTURE.!!
The National Aquaculture Act of 1980 (16 U.S.C. 2801 et seq.)
is amended by inserting after section 7 (as added by section 7(2))
the following:
!!"SEC. 8. NATIONAL POLICY FOR PRIVATE AQUACULTURE.!!
"(a) REQUIREMENT.--In collaboration with the Secretary of
Commerce and the Secretary of the Interior, the Secretary shall
coordinate and implement a national policy for private aquaculture
in accordance with this section.
"(b) DEPARTMENT OF AGRICULTURE AQUACULTURE PLAN.--
"(1) IN GENERAL.--The Secretary shall develop and implement
a Department of Agriculture Aquaculture Plan (referred to in
this section as the `Department Plan') for a unified aquaculture
program of the Department to support the development of private
aquaculture.
"(2) ELEMENTS.--The Department Plan shall address--
"(A) programs of individual agencies of the Department
related to aquaculture that are consistent with Department
programs applied to other areas of agriculture, including
livestock, crops, products, and commodities under the
jurisdiction of agencies of the Department;
"(B) the treatment of commercially cultivated aquatic
animals as livestock and commercially cultivated aquatic
plants as agricultural crops; and
"(C) means for effective coordination and
implementation of aquaculture activities and programs within
the Department, including individual agency commitments of
personnel and resources.
"(c) NATIONAL AQUACULTURE INFORMATION CENTER.--In carrying out
section 5, the Secretary may maintain and support a National
Aquaculture Information Center at the National Agricultural Library
as a repository for information on national and international
aquaculture.
"(d) TREATMENT OF AQUACULTURE.--The Secretary shall treat--
"(1) private aquaculture as agriculture for the purpose of
programs of the Department; and
"(2) commercially cultivated aquatic animals, plants, and
microorganisms, and products of the animals, plants, and
microorganisms, produced by private persons and transported or
moved in standard commodity channels as agricultural livestock,
crops, and commodities, respectively.
"(e) PRIVATE AQUACULTURE POLICY COORDINATION, DEVELOPMENT, AND
IMPLEMENTATION.--
"(1) RESPONSIBILITY.--The Secretary shall coordinate,
develop, and carry out policy and programs of the Department
related to private aquaculture.
"(2) DUTIES.--The Secretary shall--
"(A) coordinate all intradepartmental functions and
activities of the Department relating to private aquaculture;
and
"(B) establish procedures for the coordination of
functions, and consultation with, the coordinating group.".
!!SEC. 9. AUTHORIZATION OF APPROPRIATIONS.!!
(a) IN GENERAL.--Section 12 of the National Aquaculture Act of
1980 (as redesignated by section 7(1)) is amended by striking the
first sentence and inserting the following: "There is authorized to
be appropriated to carry out this Act (including the functions of
the Joint Subcommittee on Aquaculture established under section
6(a)) $3,000,000 for each of fiscal years 1998 through 2002.".
(b) EFFECTIVE DATE.--The amendment made by subsection (a) take
effect on October 1, 1997.
!!SEC. 10. ELIGIBILITY OF AQUACULTURE FARMERS FOR FARM CREDIT
ASSISTANCE.!!
Section 343(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1991(a)) is amended by striking "fish farming" both
places it appears in paragraphs (1) and (2) and inserting
"aquaculture (as defined in section 3 of the National Aquaculture
Act of 1980 (16 U.S.C. 2802))".
!!SEC. 11. INTERNATIONAL AQUACULTURE INFORMATION AND DATA
COLLECTION.!!
(a) IN GENERAL.--Section 502 of the Agricultural Trade Act of
1978 (7 U.S.C. 5692) is amended by adding at the end the following:
"(d) INTERNATIONAL AQUACULTURE INFORMATION AND DATA COLLECTION.-
"(1) IN GENERAL.--The Secretary is authorized to establish
and carry out a program of data collection, analysis, and
dissemination of information to provide continuing and timely
economic information concerning international aquaculture
production.
"(2) CONSULTATION.--In carrying out paragraph (1), the
Secretary shall consult with the Joint Subcommittee on
Aquaculture established under section 6(a) of the National
Aquaculture Act of 1980 (16 U.S.C. 2805(a)), and representatives
of the United States aquaculture industry, concerning means of
effectively providing data described in paragraph (1) to the
Joint Subcommittee and the industry.".
(b) EFFECTIVE DATE.--The amendment made by subsection (a) take
effect on October 1, 1997.
!!SEC. 12. AQUACULTURE INFORMATION NETWORK REPORT.!!
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall report to Congress on the
feasibility of expanding current information systems at regional
aquaculture centers established by the Secretary under section
1475(d) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3322(d)), universities,
research institutions, and the Agricultural Research Service to
permit an on-line link between those entities for the sharing of
data, publication, and technical assistance information involving
aquaculture.
!!SEC. 13. IMPLEMENTATION REPORT.!!
(a) IN GENERAL.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall report to
Congress on the progress made in carrying out this Act and the
amendments made by this Act with respect to policies and programs of
the Department of Agriculture.
(b) CONTENTS.--The report required by subsection (a) shall
include--
(1) a description of all programs and activities of the
Department of Agriculture and all other agencies and Departments
in support of private aquaculture;
(2) the specific authorities for the activities described
in paragraph (1); and
(3) recommendations for such actions as the Secretary of
Agriculture determines are necessary to improve recognition and
support of private aquaculture in each agency of the Department
of Agriculture.