[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1080 Introduced in Senate (IS)]







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.


_______________________________________________________________________


                   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.
                                 <all>