§ 4725. Relationship to other laws

Statutory text

Consistency with environmental laws

All actions taken by Federal agencies in implementing the provisions of section 4722 of this title shall be consistent with all applicable Federal, State, and local environmental laws.

Effect of chapter

In general

Except as provided in paragraph (2), nothing in this chapter shall affect the authority of any State or political subdivision thereof to adopt or enforce control measures for aquatic nuisance species, or diminish or affect the jurisdiction of any State over species of fish and wildlife.

Exception

Any discharge incidental to the normal operation of a vessel, including any discharge of ballast water (as those terms are defined in subsections (a) and (p)(1) of section 1322 of title 33), shall be regulated in accordance with that section.

Effect of compliance

Compliance with the control and eradication measures of any State or political subdivision thereof regarding aquatic nuisance species shall not relieve any person of the obligation to comply with the provisions of this subchapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1990
Pub. L. 101–646 title I § 1205 · 104 Stat. 4761
Enacted · 16 U.S.C. § 4725
Pub. L. 101–646, title I, § 1205, Nov. 29, 1990, 104 Stat. 4771
Source evidence
Code source credit
Pub. L. 101–646, title I, § 1205, Nov. 29, 1990, 104 Stat. 4771
1996
National Invasive Species Act of 1996
Pub. L. 104–332 § 2(h)(1) · 110 Stat. 4073
Changed · 16 U.S.C. § 4725
Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1205, which enacted this section
Source evidence
Code amendment note
Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1205, which enacted this section.
Enacted provision · exact public law section
(1) in titles I, II, and IV, by striking the quotation marks 16 USC 4701, 941; 33 USC 2761. at the beginning of any title, subtitle, section, subsection, paragraph, subparagraph, clause, subclause, or undesignated provision;
2018
Vessel Incidental Discharge Act of 2018
Pub. L. 115–282 § 903(h)(2)(C) · 132 Stat. 4192
1. Amended · 16 U.S.C. § 4725(a)
  Pub. L. 115–282, § 903(h)(2)(C), designated first sentence as subsec. (a)
2. Inserted · 16 U.S.C. § 4725(a)
  Pub. L. 115–282, § 903(h)(2)(C), inserted heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–282, § 903(h)(2)(C), designated first sentence as subsec. (a) and inserted heading.
Enacted provision · exact public law section
(C) in the first sentence, by striking “All actions” and inserting the following: “(a) Consistency With Environmental Laws.— All actions” ; and
2018
Vessel Incidental Discharge Act of 2018
Pub. L. 115–282 § 903(h)(2)(B) · 132 Stat. 4192
1. Amended · 16 U.S.C. § 4725(b)
  Pub. L. 115–282, § 903(h)(2)(B), (D), designated second sentence as subsec. (b)(1)
2. Inserted · 16 U.S.C. § 4725(b)
  Pub. L. 115–282, § 903(h)(2)(B), (D), inserted subsec. (b) and par. (1) headings
3. Substituted · 16 U.S.C. § 4725(b)
  Pub. L. 115–282, § 903(h)(2)(B), (D), substituted “Except as provided in paragraph (2), nothing” for “Nothing”
4. Added · 16 U.S.C. § 4725(b)
  Pub. L. 115–282, § 903(h)(2)(B), (D), added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–282, § 903(h)(2)(B), (D), designated second sentence as subsec. (b)(1), inserted subsec. (b) and par. (1) headings, substituted “Except as provided in paragraph (2), nothing” for “Nothing”, and added par. (2).
Enacted provision · exact public law section
(B) in the second sentence, by striking “Nothing” and inserting the following: “(b) Effect of Title.— “(1) In general.— Except as provided in paragraph (2), nothing” ;
2018
Vessel Incidental Discharge Act of 2018
Pub. L. 115–282 § 903(h)(2)(A) · 132 Stat. 4192
1. Amended · 16 U.S.C. § 4725(c)
  Pub. L. 115–282, § 903(h)(2)(A), designated third sentence as subsec. (c)
2. Inserted · 16 U.S.C. § 4725(c)
  Pub. L. 115–282, § 903(h)(2)(A), inserted heading
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–282, § 903(h)(2)(A), designated third sentence as subsec. (c) and inserted heading.
Enacted provision · exact public law section
(A) in the third sentence, by striking “Compliance” and inserting the following: “(c) Effect of Compliance.— Compliance” ;

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(1), was in the original “this title”, meaning title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4701 of this title and Tables.

Amendments1996–2018 · 2 rounds

2018

Subsec. (a). Pub. L. 115–282, § 903(h)(2)(C), designated first sentence as subsec. (a) and inserted heading.

Subsec. (b). Pub. L. 115–282, § 903(h)(2)(B), (D), designated second sentence as subsec. (b)(1), inserted subsec. (b) and par. (1) headings, substituted “Except as provided in paragraph (2), nothing” for “Nothing”, and added par. (2).

Subsec. (c). Pub. L. 115–282, § 903(h)(2)(A), designated third sentence as subsec. (c) and inserted heading.

1996

Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1205, which enacted this section.

Credits

1990–2018 · 3 acts

1990Pub. L. 101–646, title I, § 1205, Nov. 29, 1990, 104 Stat. 4771
1996Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091
2018Pub. L. 115–282, title IX, § 903(h)(2), Dec. 4, 2018, 132 Stat. 4363.

Show as published

(Pub. L. 101–646, title I, § 1205, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 115–282, title IX, § 903(h)(2), Dec. 4, 2018, 132 Stat. 4363.)