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). Pub. L. 104–332, § 2(e)(6)(A)(ii)(III), inserted ‘‘or within the interstate region involved’’ after ‘‘within the State’’. Subsec. (a)(2)(B). Pub. L. 104–332, § 2(e)(6)(A)(iii)(I), struck out ‘‘and’’ at end. Subsec. (a)(2)(C). Pub. L. 104–332, § 2(e)(6)(A)(iii)(III), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (a)(2)(D). Pub. L. 104–332, § 2(e)(6)(A)(iii)(II), (IV), redesignated subpar. (C) as (D) and inserted ‘‘, and enabling legislation’’ before period. Subsec. (a)(3)(A). Pub. L. 104–332, § 2(e)(6)(A)(iv)(I), in- serted ‘‘or interstate organization’’ after ‘‘the State’’ and ‘‘Indian tribes,’’ after ‘‘local governments and re- gional entities,’’. Subsec. (a)(3)(B). Pub. L. 104–332, § 2(e)(6)(A)(iv)(II), in- serted ‘‘or the appropriate official of an interstate or- ganization’’ after ‘‘a State’’. Subsec. (a)(4). Pub. L. 104–332, § 2(e)(6)(A)(v), inserted ‘‘or the interstate organization’’ after ‘‘the Governor’’. Subsec. (b)(1). Pub. L. 104–332, § 2(e)(6)(B), struck out ‘‘or the Assistant Secretary, as appropriate under sub- section (a),’’ after ‘‘The Director’’ and substituted ‘‘management plans approved under subsection (a)’’ for ‘‘approved management plans’’. Subsec. (c). Pub. L. 104–332, § 2(e)(6)(C), added subsec. (c). § 4725. Relationship to other laws (a) Consistency with environmental laws All actions taken by Federal agencies in im- plementing the provisions of section 4722 of this title shall be consistent with all applicable Fed- eral, 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 ju- risdiction of any State over species of fish and wildlife. (2) Exception Any discharge incidental to the normal op- eration 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. (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 com- ply with the provisions of this subchapter. (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.) 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 Nonindige- nous 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. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–282, § 903(h)(2)(C), des- ignated first sentence as subsec. (a) and inserted head- ing. Subsec. (b). Pub. L. 115–282, § 903(h)(2)(B), (D), des- ignated second sentence as subsec. (b)(1), inserted sub- sec. (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. § 4726. International cooperation (a) Advice The Task Force shall provide timely advice to the Secretary of State concerning aquatic nui- sance species that infest waters shared with other countries. (b) Negotiations The Secretary of State, in consultation with the Task Force, is encouraged to initiate nego- tiations with the governments of foreign coun- tries concerning the planning and implementa- tion of prevention, monitoring, research, edu- cation, and control programs related to aquatic nuisance species infesting shared water re- sources. (Pub. L. 101–646, title I, § 1206, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1206, which enacted this section.