[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1726 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1726

   To authorize the States of Washington, Oregon, and California to 
  regulate the Dungeness crab fishery in the exclusive economic zone.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 1998

  Mrs. Murray (for herself, Mr. Gorton, Mr. Smith of Oregon, and Mr. 
Wyden) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   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. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the ocean Dungeness crab (Cancer magister) fishery 
        adjacent to the States of Washington, Oregon, and California 
        has been successfully conserved and managed by those States 
        since the 19th century;
            (2) in recognition of the need for coastwide conservation 
        of Dungeness crab, the States of Washington, Oregon, and 
        California have--
                    (A) enacted certain laws that promote conservation 
                of the resource;
                    (B) signed a memorandum of understanding declaring 
                the intent of those States to take mutually supportive 
                actions to further the management of Dungeness crab; 
                and
                    (C) through the Pacific States Marine Fisheries 
                Commission, formed the Tri-State Dungeness Crab 
                Committee to provide a public forum for coordinating 
                conservation and management actions;
            (3) tribal treaty rights to crab under the subproceeding 
        numbered 89-3 in United States v. Washington, D.C. No. CV-70-
        09213, are being implemented by the State of Washington through 
        annual preseason negotiations with the affected Indian tribes;
            (4) the expiration of interim authority referred to in 
        paragraph (7) will jeopardize the ability of the State to 
        effectively provide for State-tribal harvest agreements that 
        include restrictions on nontreaty fishers in the exclusive 
        economic zone;
            (5) the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.) requires that Federal 
        fishery management plans be established for fisheries that 
        require conservation and management;
            (6) under the Magnuson-Stevens Fishery Conservation and 
        Management Act, several fisheries in the Atlantic and Pacific 
        Oceans, including king crab in the Gulf of Alaska, have 
        remained under the jurisdiction of individual States or 
        interstate organizations because conservation and management 
        can be better achieved without the implementation of a Federal 
        fishery management plan;
            (7) section 112(d) of the Sustainable Fisheries Act (Public 
        Law 104-297; 110 Stat. 3596 though 3597) provided interim 
        authority for the States of Washington, Oregon, and California 
        to exercise limited jurisdiction over the ocean Dungeness crab 
        fishery in the exclusive economic zone and required the Pacific 
        Fishery Management Council to report to Congress on progress in 
        developing a fishery management plan for ocean Dungeness crab 
        and any impediments to that progress;
            (8) the Pacific Fishery Management Council diligently 
        carried out the responsibilities referred to in paragraph (7) 
        by holding public hearings, requesting recommendations from a 
        committee of that Council and the Tri-State Dungeness Crab 
        Committee;
            (9) representatives from the Indian tribes involved, the 
        west coast Dungeness crab industry, and the fishery management 
        agencies of the States of Washington, Oregon, and California 
        were consulted by the Pacific Fishery Management Council, and 
        the Council voted in public session on its final report; and
            (10) by a unanimous vote, the Pacific Fishery Management 
        Council found that amending section 112 of the Sustainable 
        Fisheries Act and providing for permanent authority to the 
        States of Washington, Oregon, and California to manage, with 
        certain limitations, the ocean Dungeness crab fishery in that 
        portion of the exclusive economic zone adjacent to each of the 
        States, respectively, and continued participation by fishermen 
        and the Indian tribes subject to the tribal treaty rights 
referred to in paragraph (3) would--
                    (A) best accomplish the conservation and management 
                of the ocean Dungeness crab fishery; and
                    (B) best serve the public interest.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide for the continued conservation and 
        management of ocean Dungeness crab in a manner that recognizes 
        the contributions of the States of Washington, Oregon, and 
        California and the needs of the Indian tribes that are subject 
        to the tribal treaty rights to crab described in subsection 
        (a)(3); and
            (2) to carry out the recommendations that the Pacific 
        Fishery Management Council made in accordance with requirements 
        established by Congress.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given that term in section 3(11) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802(11)).
            (2) Fishery.--The term ``fishery'' has the meaning given 
        that term in section 3(13) of the Magnuson-Stevens Fishery 
        Management Act (16 U.S.C. 1802(13)).
            (3) Fishing.--The term ``fishing'' has the meaning given 
        that term in section 3(15) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1802(15)).

SEC. 4. AUTHORITY FOR MANAGEMENT OF DUNGENESS CRAB.

    (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 
(including 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 the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).
    (b) Requirements for State Laws.--Any law adopted by a State under 
this section for a Dungeness crab fishery--
            (1) except as provided in paragraph (2), shall, without 
        regard to the State that issued the permit under which a vessel 
        is operating, apply equally to--
                    (A) vessels engaged in the fishery in the exclusive 
                economic zone; and
                    (B) vessels engaged in the fishery in the waters of 
                the State;
            (2) shall not apply to any fishing by a vessel in the 
        exercise of tribal treaty rights; and
            (3) shall include any provisions necessary to implement 
        tribal treaty rights in a manner consistent with the decision 
        of the United States District Court for the Western District of 
        Washington in United States v. Washington, D.C. No. CV-70-
        09213.
    (c) Exclusive Economic Zone.--
            (1) In general.--Subject to paragraph (2), any law of the 
        State of Washington, Oregon, or California that establishes or 
        implements a limited entry system for a Dungeness crab fishery 
        may not be enforced against a vessel that--
                    (A) is otherwise legally fishing in the exclusive 
                economic zone adjacent to that State; and
                    (B) is not registered under the laws of that State.
            (2) Exclusion.--A State referred to in paragraph (1) may 
        regulate the landing of Dungeness crab.
    (d) Requirements for Harvest.--No vessel may harvest or process 
Dungeness crab in the exclusive economic zone adjacent to the State of 
Washington, Oregon, or California, except--
            (1) as authorized by a permit issued by any of the States 
        referred to in subsection (c)(1); or
            (2) under any tribal treaty rights to Dungeness crab in a 
        manner consistent with the decision of the United States 
        District Court for the Western District of Washington in United 
        States v. Washington, D.C. No. CV-70-09213.
    (e) Statutory Construction.--Except as expressly provided in this 
section, nothing in this section is intended to reduce 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.

SEC. 5. ELIMINATION OF INTERIM AUTHORITY.

    Section 112 of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3596) is amended by striking subsection (d).
                                 <all>