50 CFR § 600.605-600.630 - Magnuson-Stevens Act Provisions - Preemption of State Authority Under Section 306(b).

This Subpart of Part 600 of the Code of Federal Regulations concern preemption of State Authority under section 306(b) of the Magnuson-Stevens Act. It is the policy of the Secretary of Commerce that preemption proceedings will be conducted expeditiously. The two factual findings for Federal preemption of state management authority over a fishery are: (a) The fishing in a fishery that is covered by an Fisheries Management Plan (FMP) implemented under the Magnuson-Stevens Act is engaged in predominately within the EEZ and beyond such zone; (a) a state has taken any action, or omitted to take any action, the results of which will substantially and adversely affect the carrying out of such FMP. If a proceeding under this Part is deemed necessary, the Administrator of the National Oceanic and Atmospheric Administration (NOAA) must issue a notice of proposed preemption to the Attorney General of the State or States concerned. If the factual findings for Federal preemption are determined to exist, the Secretary will notify in writing the Attorney General of that state and the appropriate Council(s) of the preemption of that state’s authority. The Secretary will also direct the Administrator to promulgate additional Regulations required to govern fishing within the boundaries of a state and otherwise to begin regulating the fishery within the state’s boundaries (other than in its internal waters).