
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3636]

 
                         TITLE 16--CONSERVATION
 
                   CHAPTER 56A--PACIFIC SALMON FISHING
 
Sec. 3636. Rulemaking


(a) Promulgation of regulations by Secretary of Commerce

    The Secretary, in consultation with the Secretary of the Interior, 
the Secretary of the Department in which the Coast Guard is operating 
and the appropriate Regional Fishery Management Council, shall 
promulgate such regulations as may be necessary to carry out the United 
States international obligations under the Treaty and this chapter, 
pursuant to section 3635 of this title, as well as conforming amendatory 
regulations applicable to the United States Exclusive Economic Zone. Any 
such regulation may be made applicable, as necessary, to all persons and 
all vessels subject to the jurisdiction of the United States, wherever 
located. Such regulations as are necessary and appropriate to carry out 
obligations of the United States under the Treaty involve a foreign 
affairs function, and as such shall not be subject to sections 553 
through 557 of title 5, or the National Environmental Policy Act (42 
U.S.C. 4321 et seq.).

(b) Additions to fishery regimes and Fraser River Panel regulations

    The Secretary, in cooperation with the Regional Fishery Management 
Councils, States, and treaty Indian tribes, may promulgate regulations 
applicable to nationals or vessels of the United States, or both, which 
are in addition to, and not in conflict with, fishery regimes and Fraser 
River Panel regulations adopted under the Treaty. Such regulations shall 
not discriminate between residents of different States.

(c) Judicial review

    Regulations promulgated by the Secretary under this chapter shall be 
subject to judicial review by the district courts of the United States 
to the extent authorized by, and in accordance with, chapter 7 of title 
5; except that section 705 of such title is not applicable, and the 
appropriate court shall only set aside any such regulation on a ground 
specified in section 706(2)(A), (B), (C), or (D) of such title. A civil 
action filed pursuant to this section shall be assigned for hearing at 
the earliest possible date, shall take precedence over other matters 
pending on the docket of the United States district court at that time, 
and shall be expedited in every way by such court and any appellate 
court.

(Pub. L. 99-5, Sec. 7, Mar. 15, 1985, 99 Stat. 12; Pub. L. 102-251, 
title III, Sec. 306(b), Mar. 9, 1992, 106 Stat. 66.)

                       Amendment of Subsection (a)

        Pub. L. 102-251, title III, Secs. 306(b), 308, Mar. 9, 1992, 106 
    Stat. 66, provided that, effective on the date on which the 
    Agreement between the United States and the Union of Soviet 
    Socialist Republics on the Maritime Boundary, signed June 1, 1990, 
    enters into force for the United States, with authority to prescribe 
    implementing regulations effective Mar. 9, 1992, but with no such 
    regulation to be effective until the date on which the Agreement 
    enters into force for the United States, subsection (a) is amended 
    by inserting ``and special areas'' after ``Exclusive Economic 
    Zone''.

                       References in Text

    The National Environmental Policy Act, referred to in subsec. (a), 
probably means the National Environmental Policy Act of 1969, Pub. L. 
91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified 
generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 4321 of Title 42 and Tables.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-251 effective on date on which Agreement 
between United States and Union of Soviet Socialist Republics on the 
Maritime Boundary, signed June 1, 1990, enters into force for United 
States, with authority to prescribe implementing regulations effective 
Mar. 9, 1992, but with no such regulation to be effective until date on 
which Agreement enters into force for United States, see section 308 of 
Pub. L. 102-251, set out as a note under section 773 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3635, 3638 of this title.
