§3635 Preemption

Summary

The Secretary must notify a State or treaty Indian tribe if something they did or did not do could make the United States fail its international duties under the Treaty or related fishery rules, including Fraser River Panel rules. The Secretary must say how it creates the risk, what fixes would solve it, and warn that federal rules will be issued if those fixes are not made within 15 days (or sooner if needed). If action is needed for treaty Indian fishing in terminal areas under a U.S. district court’s continuing jurisdiction, the court’s process must be followed. Any federal rules the Secretary issues can override state or tribal laws, rules, or orders that cause the risk. Notices of these findings must be sent by electronic media, published in local newspapers in the major fishing ports affected, and placed in the Federal Register. Alaska, Idaho, Oregon, Washington, and the treaty Indian tribes must tell the Secretary about all laws or rules on Pacific salmon harvests and any changes.