16 U.S.C. § 4725

Relationship to other laws

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 16 CasesGoogle Scholar

(a) 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.

(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), 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.

(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 NotesReferences 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.

Amendments

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.

Notes of Decisions

Cited in 3 cases, 2007–2008 · leading case: Fednav, Ltd. v. Chester, 547 F.3d 607 (6th Cir. 2008).

Sort: Relevance Newest Treatment

Fednav, Ltd. v. Chester, 547 F.3d 607 (6th Cir. 2008). · cites it 2× “” 16 U.S.C. § 4725 . The district court held that the clause saved the Ballast Water Statute from preemption, reasoning that “[t]he saving clause alone makes it difficult to comprehend that Congress intended to occupy this entire field[.”

Fednav, Ltd. v. Chester, 505 F. Supp. 2d 381 (E.D. Mich. 2007). · cites it 3× “16 U.S.C. § 4725 . Section 4722 is entitled “Aquatic Nuisance Species Program” and explains among other things how the Aquatic Nuisance Species Task Force 6 (“Task Force”) “shall develop and implement a program .”

Fednav, Ltd. v. Steven Chester (6th Cir. 2008). · cites it 2× “” 16 U.S.C. § 4725 . The district court held that the clause saved the Ballast Water Statute from preemption, reasoning that “[t]he saving clause alone makes it difficult to comprehend that Congress intended to occupy this entire field[.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.