16 U.S.C. § 4725 — Relationship to other laws
submitted 36 years ago by Pub. L. 101-646 to r/title-16-CONSERVATION · 167 words · no verdicts yet
Federal implementation of the aquatic-nuisance-species program must follow applicable environmental laws. The chapter generally preserves State authority, subject to a vessel-discharge exception, and does not excuse compliance with this subchapter.
(a) Consistency with environmental laws All actions taken by Federal agencies in implementing the provisions of section 4722 of this title must be consistent with all applicable Federal, State, and local environmental laws.
(b) Effect of chapter
(1) General rule Except as provided in paragraph (2), nothing in this chapter must 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.
(2) 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 ), must be regulated under that section.
(c) Effect of compliance Compliance with the control and eradication measures of any State or political subdivision thereof regarding aquatic nuisance species must not relieve any person of the obligation to comply with the provisions of this subchapter.
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.
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.
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.
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.
Source credit: (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.)
- 1990Enacted · Pub. L. 101-646 · 104 Stat. 4771
- 1996Amended · Pub. L. 104-332 · 110 Stat. 4091
- 2018Amended · Pub. L. 115-282 · 132 Stat. 4363
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-646 on 1990-11-29.
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