§ 3636. — Rulemaking.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3636]
TITLE 16--CONSERVATION
CHAPTER 56A--PACIFIC SALMON FISHING
Sec. 3636. Rulemaking
(a) Promulgation of regulations by Secretary of Commerce
The Secretary, in consultation with the Secretary of the Interior,
the Secretary of the Department in which the Coast Guard is operating
and the appropriate Regional Fishery Management Council, shall
promulgate such regulations as may be necessary to carry out the United
States international obligations under the Treaty and this chapter,
pursuant to section 3635 of this title, as well as conforming amendatory
regulations applicable to the United States Exclusive Economic Zone. Any
such regulation may be made applicable, as necessary, to all persons and
all vessels subject to the jurisdiction of the United States, wherever
located. Such regulations as are necessary and appropriate to carry out
obligations of the United States under the Treaty involve a foreign
affairs function, and as such shall not be subject to sections 553
through 557 of title 5, or the National Environmental Policy Act (42
U.S.C. 4321 et seq.).
(b) Additions to fishery regimes and Fraser River Panel regulations
The Secretary, in cooperation with the Regional Fishery Management
Councils, States, and treaty Indian tribes, may promulgate regulations
applicable to nationals or vessels of the United States, or both, which
are in addition to, and not in conflict with, fishery regimes and Fraser
River Panel regulations adopted under the Treaty. Such regulations shall
not discriminate between residents of different States.
(c) Judicial review
Regulations promulgated by the Secretary under this chapter shall be
subject to judicial review by the district courts of the United States
to the extent authorized by, and in accordance with, chapter 7 of title
5; except that section 705 of such title is not applicable, and the
appropriate court shall only set aside any such regulation on a ground
specified in section 706(2)(A), (B), (C), or (D) of such title. A civil
action filed pursuant to this section shall be assigned for hearing at
the earliest possible date, shall take precedence over other matters
pending on the docket of the United States district court at that time,
and shall be expedited in every way by such court and any appellate
court.
(Pub. L. 99-5, Sec. 7, Mar. 15, 1985, 99 Stat. 12; Pub. L. 102-251,
title III, Sec. 306(b), Mar. 9, 1992, 106 Stat. 66.)
Amendment of Subsection (a)
Pub. L. 102-251, title III, Secs. 306(b), 308, Mar. 9, 1992, 106
Stat. 66, provided that, effective on the date on which the
Agreement between the United States and the Union of Soviet
Socialist Republics on the Maritime Boundary, signed June 1, 1990,
enters into force for the United States, with authority to prescribe
implementing regulations effective Mar. 9, 1992, but with no such
regulation to be effective until the date on which the Agreement
enters into force for the United States, subsection (a) is amended
by inserting ``and special areas'' after ``Exclusive Economic
Zone''.
References in Text
The National Environmental Policy Act, referred to in subsec. (a),
probably means the National Environmental Policy Act of 1969, Pub. L.
91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified
generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 4321 of Title 42 and Tables.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-251 effective on date on which Agreement
between United States and Union of Soviet Socialist Republics on the
Maritime Boundary, signed June 1, 1990, enters into force for United
States, with authority to prescribe implementing regulations effective
Mar. 9, 1992, but with no such regulation to be effective until date on
which Agreement enters into force for United States, see section 308 of
Pub. L. 102-251, set out as a note under section 773 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 3635, 3638 of this title.
