[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3498 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3498

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
   to authorize the States of Washington, Oregon, and California to 
  regulate the Dungeness crab fishery in the exclusive economic zone.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 1998

Mr. Miller of California (for himself, Mr. Blumenauer, Mr. DeFazio, Ms. 
Furse, Ms. Hooley of Oregon, Mr. Riggs, Mrs. Linda Smith of Washington, 
   and Mr. Young of Alaska) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
   to authorize the States of Washington, Oregon, and California to 
  regulate the Dungeness crab fishery in the exclusive economic zone.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dungeness Crab Conservation and 
Management Act''.

SEC. 2. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Section 306 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1856) is amended by adding at the end the 
following:
    ``(d) Authority for Management of Dungeness Crab.--(1) Subject to 
the provisions of this subsection and notwithstanding subsection (a), 
each of the States of Washington, Oregon, and California may adopt and 
enforce State laws and regulations governing fishing and processing in 
the exclusive economic zone adjacent to that State in any Dungeness 
crab (Cancer magister) fishery for which there is no fishery management 
plan in effect under this Act.
    ``(2) Any law or regulation adopted by a State under this 
subsection for a Dungeness crab fishery--
            ``(A) except as provided in subparagraph (B), shall apply 
        equally to vessels engaged in the fishery in the exclusive 
        economic zone and vessels engaged in the fishery in the waters 
        of the State, and without regard to the State that issued the 
        permit under which a vessel is operating;
            ``(B) shall not apply to any fishing by a vessel in 
        exercise of tribal treaty rights; and
            ``(C) shall include any provisions necessary to implement 
        tribal treaty rights pursuant to the decision in United States 
        v. Washington, D.C. No. CV-70-09213.
    ``(3) Any law of the State of Washington, Oregon, or California 
that establishes or implements a limited access system for a Dungeness 
crab fishery may not be enforced against a vessel that is otherwise 
legally fishing in the exclusive economic zone adjacent to that State 
and that is not registered under the laws of that State, except a law 
regulating landings.
    ``(4) No vessel may harvest or process Dungeness crab in the 
exclusive economic zone adjacent to the State of Washington, Oregon, or 
California, except as authorized by a permit issued by any of those 
States or pursuant to any tribal treaty rights to Dungeness crab 
pursuant to the decision in United States v. Washington, D.C. No. CV-
70-09213.
    ``(5) Except as expressly provided in this subsection, nothing in 
this subsection reduces the authority of any State under this Act to 
regulate fishing, fish processing, or landing of fish.''.

SEC. 3. REPEAL.

    Section 112(d) of Public Law 104-297 (16 U.S.C. 1856 note) is 
repealed.
                                 <all>