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






                                                 Union Calendar No. 381
105th CONGRESS
  2d Session
                                H. R. 3498

                          [Report No. 105-674]

 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

                             August 4, 1998

            Additional sponsor: Mr. Adam Smith of Washington

                             August 4, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               18, 1998]

_______________________________________________________________________

                                 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. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO 
              MANAGE DUNGENESS CRAB FISHERY.

    (a) In General.--Subject to the provisions of this section and 
notwithstanding section 306(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1856(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 that Act.
    (b) Requirements for State Management.--Any law or regulation 
adopted by a State under this section for a Dungeness crab fishery--
            (1) except as provided in paragraph (2), 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;
            (2) shall not apply to any fishing by a vessel in exercise 
        of tribal treaty rights; and
            (3) 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.
    (c) Limitation on Enforcement of State Limited Access Systems.--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.
    (d) State Permit or Treaty Right Required.--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.
    (e) State Authority Otherwise Preserved.--Except as expressly 
provided in this section, nothing in this section reduces the authority 
of any State under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) to regulate fishing, fish 
processing, or landing of fish.
    (f) Termination of Authority.--The authority of the States of 
Washington, Oregon, and California under this section with respect to a 
Dungeness crab fishery shall expire on the effective date of a fishery 
management plan for the fishery under the Magnuson-Stevens Fishery 
Conservation and Management Act.
    (g) Repeal.--Section 112(d) of Public Law 104-297 (16 U.S.C. 1856 
note) is repealed.
    (h) Definitions.--The definitions set forth in section 3 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1802) shall apply to this section.
                                     





                                                 Union Calendar No. 381

105th CONGRESS

  2d Session

                               H. R. 3498

                          [Report No. 105-674]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 4, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed