16-U.S.C.-3635
§3635 – Preemption
Pathway
Title 16 > Chapter 56A > Section 3635
Details
- Reference: Section 3635
- Legend: §3635 – Preemption
- USCode Year: 2013
Provision Content
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, §6, Mar. 15, 1985, 99 Stat. 11.)
U.S. Encyclopedia of Law Coverage
Chapter 56A – Pacific Salmon Fishing in the Legal Encyclopedia: Conservation
In this entry about Chapter 56A – Pacific Salmon Fishing, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.
16-U.S.C.-3343 in the Legal Encyclopedia: Fishing
In this entry about 16-U.S.C.-3343, find legal reference material, bibliographies and premiere content related to fishing in the American Encyclopedia of Law, presenting a comprehensive view of the United States fishing-specific issues, written by authorities in the field.
Leave a Reply