§3635 Preemption

Summary

The Secretary must tell a State or treaty Indian tribe if something they did or did not do puts the United States at risk of failing to meet its duties under the Treaty or related fishery rules. The Secretary must explain how the action causes the risk, say what fixes would prevent the problem, and warn that federal rules will be made if the fixes are not done within fifteen days (or sooner if needed to avoid a Treaty breach). If U.S. action is needed for treaty Indian fishing in terminal areas under a U.S. district court’s continuing jurisdiction, that action must follow the court’s process. Otherwise, the Secretary may make federal rules that override state or tribal laws found to create the risk. Notices of these decisions must be sent by electronic media, printed in local newspapers in the major fishing ports affected, and published in the Federal Register. To help meet article IV(7) of the Treaty, Alaska, Idaho, Oregon and Washington and the treaty Indian tribes must tell the Secretary about all laws or rules on Pacific salmon harvests and any changes to them.