---
kind: "section"
citation: "16 U.S.C. § 3635"
title: "16"
title_heading: "Conservation"
number: "3635"
heading: "Preemption"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3635"
units:
  - "Chapter 56A — Pacific Salmon Fishing"
---

# §3635. Preemption


If any [State](/usc/16/590q.md?p=a) or [treaty Indian tribe](/usc/16/3631.md?p=i) has taken any action, or omitted to [take](/usc/16/3102.md?p=18) any action, the results of which place the United States in jeopardy of not fulfilling its international obligations under the [Treaty](/usc/16/3631.md?p=h), or any fishery regime or Fraser River [Panel](/usc/16/3631.md?p=d) regulation adopted thereunder, the [Secretary](/usc/16/3631.md?p=g) shall inform the [State](/usc/16/590q.md?p=a) 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](/usc/16/3631.md?p=h), 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](/usc/16/620e.md?p=11) of United States [Treaty](/usc/16/3631.md?p=h) obligations. Should United States action be required to meet [Treaty](/usc/16/3631.md?p=h) obligations to Canada in respect to [treaty](/usc/16/3631.md?p=h) Indian fisheries conducted in terminal [areas](/usc/16/539m–1.md?p=1-A) 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](/usc/16/3631.md?p=g) pursuant to [section 3636(a) of this title](/usc/16/3636.md?p=a) which shall supersede any [State](/usc/16/590q.md?p=a) or [treaty](/usc/16/3631.md?p=h) Indian tribal law, regulation or order determined by the [Secretary](/usc/16/3631.md?p=g) to place the United States in jeopardy of not fulfilling its international obligations under the [Treaty](/usc/16/3631.md?p=h). 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](/usc/16/3631.md?p=h), the [States](/usc/16/544.md?p=r) of Alaska, Idaho, Oregon and Washington and the [treaty Indian tribes](/usc/16/3631.md?p=i) shall advise the [Secretary](/usc/16/3631.md?p=g) of all pertinent laws or regulations pertaining to the harvest of Pacific [salmon](/usc/16/3631.md?p=f), together with such amendments thereto as may be adopted from time to time.


## Source credit

(Pub. L. 99–5, § 6, Mar. 15, 1985, 99 Stat. 11.)