§ 3635. — Preemption.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3635]
TITLE 16--CONSERVATION
CHAPTER 56A--PACIFIC SALMON FISHING
Sec. 3635. Preemption
If any State or treaty Indian tribe has taken any action, or omitted
to take any action, the results of which place the United States in
jeopardy of not fulfilling its international obligations under the
Treaty, or any fishery regime or Fraser River Panel regulation adopted
thereunder, the Secretary shall inform the State or tribe of the manner
in which the action or inaction places the United States in jeopardy of
not fulfilling its international obligations under the Treaty, of any
remedial action which would relieve this concern, and of the intention
to promulgate Federal regulations if such remedial actions are not
undertaken within fifteen days unless an earlier action is required to
avoid violation of United States Treaty obligations. Should United
States action be required to meet Treaty obligations to Canada in
respect to treaty Indian fisheries conducted in terminal areas subject
to the continuing jurisdiction of a United States district court, such
action shall be taken within the framework of such court jurisdiction.
Otherwise, regulations may be promulgated by the Secretary pursuant to
section 3636(a) of this title which shall supersede any State or treaty
Indian tribal law, regulation or order determined by the Secretary to
place the United States in jeopardy of not fulfilling its international
obligations under the Treaty. Timely notice of all such determinations
shall be disseminated by electronic media and shall be published in
local newspapers in the major fishing ports affected and in the Federal
Register. In order to enable the United States to fulfill its
obligations under article IV(7) of the Treaty, the States of Alaska,
Idaho, Oregon and Washington and the treaty Indian tribes shall advise
the Secretary of all pertinent laws or regulations pertaining to the
harvest of Pacific salmon, together with such amendments thereto as may
be adopted from time to time.
(Pub. L. 99-5, Sec. 6, Mar. 15, 1985, 99 Stat. 11.)
Section Referred to in Other Sections
This section is referred to in sections 3636, 3638 of this title.
