§3635 Preemption

Summary

If a State or treaty Indian tribe does something, or fails to do something, that could make the United States fail to meet its international treaty duties, the Secretary must tell that State or tribe how their action creates the risk, what steps would fix it, and warn that federal rules will be made if those fixes are not taken within 15 days (or sooner if needed to avoid breaking the treaty). If the needed U.S. action involves treaty Indian fishing in areas under an ongoing U.S. federal court, the action must follow that court’s authority. Otherwise, the Secretary can make federal rules that replace any state or tribal law causing the risk. The Secretary must quickly announce such decisions by electronic media, in local newspapers at the major fishing ports affected, and 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 later changes.