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16 U.S.C. § 4725 — Relationship to other laws

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4725 — Relationship to other laws

**(a) Consistency with environmental laws** All actions taken by Federal agencies in implementing the provisions of [section 4722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4722&num=0&edition=prelim) shall be consistent with all applicable Federal, State, and local environmental laws. **(b) Effect of chapter** (1) **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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1322&num=0&edition=prelim)), shall be regulated in accordance with that section. **(c) 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.

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Source location: Title 16, Chapter 67, § 4725; chapter-067-aquatic-nuisance-prevention-and-control.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4722 — Aquatic nuisance species program

**(a) In general** The Task Force shall develop and implement a program for waters of the United States to prevent introduction and dispersal of aquatic nuisance species; to monitor, control and study such species; and to disseminate related information. **(b) Content** The program developed under subsection (a) shall— (1) identify the goals, priorities, and approaches for aquatic nuisance species prevention, monitoring, control, education and research to be conducted or funded by the Federal Government; (2) describe the specific prevention, monitoring, control, education and research activities to be conducted by each Task Force member; (3) coordinate aquatic nuisance species programs and activities of Task Force members and affected State agencies; (4) describe the role of each Task Force member in implementing the elements of the program as set forth in this subchapter; (5) include recommendations for funding to implement elements of the program; and (6) develop a demonstration program of prevention, monitoring, control, education and research for the zebra mussel, to be implemented in the Great Lakes and any other waters infested, or likely to become infested in the near future, by the zebra mussel. **(c) Prevention** (1) **In general** — The Task Force shall establish and implement measures, within the program developed under subsection (a), to minimize the risk of introduction of aquatic nuisance species to waters of the United States, including— (A) identification of pathways by which aquatic organisms are introduced to waters of the United States; (B) assessment of the risk that an aquatic organism carried by an identified pathway may become an aquatic nuisance species; and (C) evaluation of whether measures to prevent introductions of aquatic

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4701 — Findings and purposes

**(a) Findings** The Congress finds that— (1) the discharge of untreated water in the ballast tanks of vessels and through other means results in unintentional introductions of nonindigenous species to fresh, brackish, and saltwater environments; (2) when environmental conditions are favorable, nonindigenous species become established, may compete with or prey upon native species of plants, fish, and wildlife, may carry diseases or parasites that affect native species, and may disrupt the aquatic environment and economy of affected nearshore areas; (3) the zebra mussel was unintentionally introduced into the Great Lakes and has infested— (A) waters south of the Great Lakes, into a good portion of the Mississippi River drainage; (B) waters west of the Great Lakes, into the Arkansas River in Oklahoma; and (C) waters east of the Great Lakes, into the Hudson River and Lake Champlain; (4) the potential economic disruption to communities affected by the zebra mussel due to its colonization of water pipes, boat hulls and other hard surfaces has been estimated at $5,000,000,000 by the year 2000, and the potential disruption to the diversity and abundance of native fish and other species by the zebra mussel and ruffe, round goby, and other nonindigenous species could be severe; (5) the zebra mussel was discovered on Lake Champlain during 1993 and the opportunity exists to act quickly to establish zebra mussel controls before Lake Champlain is further infested and management costs escalate; (6) in 1992, the zebra mussel was discovered at the northernmost reaches of the Chesapeake Bay watershed; (7) the zebra mussel poses an imminent risk of invasion in the main waters of the Chesapeake Bay; (8) since the Chesapeake Bay is the largest recipient of foreign ballast

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1322 — Marine sanitation devices; discharges incidental to the normal operation of vessels

**(a) Definitions** In this section, the term— (1) “new vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated after promulgation of standards and regulations under this section; (2) “existing vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated before promulgation of standards and regulations under this section; (3) “public vessel” means a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (4) “United States” includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands; (5) “marine sanitation device” includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage; (6) “sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater; (7) “manufacturer” means any person engaged in the manufacturing, assembling, or importation of marine sanitation devices, marine pollution control device equipment, or vessels subject to standards and regulations promulgated under this section; (8) “person” means an individual, partnership, firm, corporation, association, or

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4725 — Relationship to other laws

Page 2511 TITLE 16—CONSERVATION § 4726 1996, 110 Stat. 4089, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(4), Dec. 23, 2022, 136 Stat. 4098.) Editorial Notes REFERENCES IN TEXT Section 141 of title 14, referred to in subsec. (c), was redesignated section 701 of title 14 by Pub. L. 115–282, title I, § 106(b), Dec. 4, 2018, 132 Stat. 4203, and references to section 141 of title 14 deemed to refer to such redes- ignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2022—Subsec. (b)(4). Pub. L. 117–263 substituted ‘‘Ad- ministrative’’ for ‘‘Adminisrative’’ in heading. 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1204, which enacted this sec- tion. Subsec. (a). Pub. L. 104–332, § 2(e)(6)(A)(i), substituted ‘‘State or interstate invasive species management plans’’ for ‘‘State plan’’ in heading. Subsec. (a)(1). Pub. L. 104–332, § 2(e)(6)(A)(ii)(I), sub- stituted ‘‘After providing notice and opportunity for public comment, the Governor of each State may pre- pare and submit, or the Governors of the States and the governments of the Indian tribes involved in an inter- state organization, may jointly prepare and submit’’ for ‘‘The Governor of each State may, after notice and opportunity for public comment, prepare and submit’’ in introductory provisions. Subsec. (a)(1)(A). Pub. L. 104–332, § 2(e)(6)(A)(ii)(II), (III), inserted ‘‘or within the interstate region in- volved’’ after ‘‘within the State’’ and substituted ‘‘technical, enforcement, or financial assistance (or any combination thereof)’’ for ‘‘technical and financial as- sistance’’. Subsec. (a)(1)(B)

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