---
kind: "section"
citation: "16 U.S.C. § 2804"
title: "16"
title_heading: "Conservation"
number: "2804"
heading: "Functions and powers of Secretaries"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/2804"
units:
  - "Chapter 48 — National Aquaculture Policy, Planning, and Development"
---

# §2804. Functions and powers of Secretaries

- (a) **Mandatory functions—** In implementing the Plan, the [Secretaries](/usc/16/2802.md?p=7) shall—
  - (1) provide advisory, educational, and technical assistance (including training) with respect to [aquaculture](/usc/16/2802.md?p=1) to interested [persons](/usc/16/2802.md?p=5), 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](/usc/16/2802.md?p=9) agencies;
  - (2) consult and cooperate with interested [persons](/usc/16/2802.md?p=5), Federal departments and agencies, [State](/usc/16/2802.md?p=9) agencies, and regional fishery management councils established under [section 1852 of this title](/usc/16/1852.md);
  - (3) encourage the implementation of aquacultural technology in the rehabilitation and enhancement of publicly owned fish and shellfish stocks (including rehabilitation and enhancement by private nonprofit enterprises), and in the development of private commercial aquacultural enterprises; and
  - (4) prescribe such regulations as may be necessary to carry out the Plan.
- (b) **Discretionary functions—** In implementing the Plan, the [Secretaries](/usc/16/2802.md?p=7) may—
  - (1) for the purposes of assessing the biological, technical, and economic feasibility of any aquacultural system—
    - (A) conduct tests of the system, and, if necessary to demonstrate its feasibility, construct, operate, and maintain developmental [aquaculture facilities](/usc/16/2802.md?p=2) for testing laboratory results, and
    - (B) conduct such other tests or analyses as may be necessary;
  - (2) develop methods to enhance seed stocks of [aquatic species](/usc/16/2802.md?p=3); and
  - (3) conduct such other tests or analyses or [take](/usc/16/3102.md?p=18) such other actions as the [Secretaries](/usc/16/2802.md?p=7) deem necessary or appropriate.
- (c) **Information services—**
  - (1) In [addition](/usc/16/410r–5.md?p=c-2) to performing such other mandatory functions under this chapter—
    - (A) the [Secretaries](/usc/16/2802.md?p=7) shall collect and analyze scientific, technical, legal, and economic information relating to [aquaculture](/usc/16/2802.md?p=1), including acreages, water use, production, marketing, culture techniques, and other relevant matters;
    - (B) the [Secretary](/usc/16/2802.md?p=8) shall—
      - (i) establish, within the Department of Agriculture, a National [Aquaculture](/usc/16/2802.md?p=1) Information Center that shall serve as a repository for the information generated under [subparagraph (A)](#c-1-A) and other provisions of this chapter and shall, on a request basis, make that information available to the public,
      - (ii) arrange with foreign nations for the exchange of information relating to [aquaculture](/usc/16/2802.md?p=1) and support a translation service, and
      - (iii) conduct a study of the extent to which the United States [aquaculture](/usc/16/2802.md?p=1) industry has access to relevant Federal programs which assist the agricultural sector and report to Congress on the findings of such study by December 31, 1986;
    - (C) the [Secretary](/usc/16/2802.md?p=8) of Commerce shall conduct a study, and report to Congress thereon by December 31, 1987, to determine whether existing capture fisheries could be adversely affected by competition from products produced by commercial aquacultural enterprises and include in such study an assessment of any adverse effect, by species and by geographical region, on such fisheries and recommend measures to ameliorate any such effect; and
    - (D) the [Secretary](/usc/16/2802.md?p=8) of the Interior, in consultation with the [Secretary](/usc/16/2802.md?p=8) of Commerce, shall undertake a study, and report to Congress thereon by December 31, 1987, to identify exotic species introduced into the United States waters as a result of [aquaculture](/usc/16/2802.md?p=1) activities, and to determine the potential benefits and impacts of the introduction of exotic species.
  - (2) Any production information submitted to the [Secretaries](/usc/16/2802.md?p=7) under [paragraph (1)(A)](#c-1-A) shall be confidential and may only be disclosed if required under court order. The [Secretaries](/usc/16/2802.md?p=7) shall [preserve](/usc/16/698u–1.md?p=2) such confidentiality. The [Secretaries](/usc/16/2802.md?p=7) may release or make public any information in any aggregate or summary form that does not directly or indirectly disclose the identity, business transactions, or trade secrets of any [person](/usc/16/2802.md?p=5) who submits such information.
- (d) **Biennial report—** The [Secretary](/usc/16/2802.md?p=8), through the [coordinating group](/usc/16/2802.md?p=4) and in consultation with the [Secretary](/usc/16/2802.md?p=8) of Commerce and the [Secretary](/usc/16/2802.md?p=8) of the Interior,,[^1] shall prepare on a biennial basis, and submit to Congress, a report on the status of [aquaculture](/usc/16/2802.md?p=1) in the United States. Such report shall contain a description and evaluation of the actions undertaken with respect to the Plan during the reporting period, an explanation of any revisions made to the Plan during the reporting period, and such other comments and recommendations as the [Secretary](/usc/16/2802.md?p=8) deems appropriate. The report required by this subsection shall be submitted to the Congress not later than February 1, 1988.

## Footnotes

[^1]: So in original.

## Source credit

(Pub. L. 96–362, § 5, Sept. 26, 1980, 94 Stat. 1201; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–198, title XVII, § 1735, Dec. 23, 1985, 99 Stat. 1642; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (a)(2). Pub. L. 104–208 made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

1985—Subsec. (c)(1). Pub. L. 99–198, § 1735(1), amended par. (1) generally. Prior to amendment, par. (1) provided that in addition to performing such other required functions under this chapter, the Secretaries shall (A) establish and maintain an information service for the collection, analysis, and dissemination of scientific, technical, legal, and economic information relating to aquaculture; (B) conduct appropriate surveys, in coordination with other Federal departments and agencies, of public and private aquacultural activities being conducted in the United States for the purpose of acquiring information on acreages, water use, production, culture techniques, and other relevant matters; (C) arrange with foreign nations for the exchange of information relating to aquaculture and support a translation service; (D) conduct a continuing study to determine whether existing capture fisheries could be adversely affected by competition from products produced by commercial aquacultural enterprises and include in such study (i) an assessment of any adverse effect, by species and by geographical region, on such fisheries, and (ii) recommended measures to ameliorate any such effect; and (E) report to Congress on the findings of the study conducted under subparagraph (D) in the biennial status report required under subsection (d) of this section.

Subsec. (c)(2). Pub. L. 99–198, § 1735(1), amended par. (2) generally, substituting “The Secretaries shall preserve such confidentiality” for “The Secretaries shall prescribe such procedures as may be necessary to preserve such confidentiality”.

Subsec. (d). Pub. L. 99–198, § 1735(2), substituted “Secretary” for “Secretaries” wherever appearing; inserted “and in consultation with the Secretary of Commerce and the Secretary of the Interior,” after “the coordinating group” in first sentence; struck out “under section 2803(d) of this title” after “revisions made to the Plan”, and substituted “Such” for “Each such”, substituted “deems appropriate” for “deem appropriate” in second sentence; and substituted “The report required by this subsection shall be submitted to the Congress not later than February 1, 1988” for “The first report required under this subsection shall be submitted to Congress by September 30, 1981”.

1980—Subsec. (a)(2). Pub. L. 96–561 made technical amendment to reference in original act which appears in text as reference to section 1852 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

### Effective Date of 1980 Amendment

Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that section is effective 15 days after Dec. 22, 1980.

### Collection of Fees for Triploid Grass Carp Certification Inspections

Pub. L. 104–40, § 1, Nov. 1, 1995, 109 Stat. 350, provided: In General.—The Secretary of the Interior, acting through the Director of the Fish and Wildlife Service (referred to in this section as the ‘Director’), may charge reasonable fees for expenses to the Federal Government for triploid grass carp certification inspections requested by a person who owns or operates an aquaculture facility. Availability.—All fees collected under subsection (a) shall be available to the Director until expended, without further appropriations. Use.—The Director shall use all fees collected under subsection (a) to carry out the activities referred to in subsection (a).”