[Congressional Record Volume 144, Number 22 (Friday, March 6, 1998)]
[Senate]
[Pages S1523-S1525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, Mr. Gorton, Mr. Smith of Oregon, and 
        Mr. Wyden):
  S. 1726. A bill to authorize the States of Washington, Oregon, and 
California to regulate the Dungeness crab fishery in the exclusive 
economic zone; to the Committee on Commerce, Science, and 
Transportation.


           the dungeness crab conservation and management act

  Mrs. MURRAY. Mr. President, I rise today with my colleagues, Senator 
Gorton, Senator Smith of Oregon, and Senator Wyden to introduce the 
Dungeness Crab Conservation and Management Act. Having outlined the 
history and intent of this important piece of legislation on February 
12, 1998, I ask unanimous consent that additional material be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1726

       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:

[[Page S1524]]

       (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).
                                  ____


             [From the Congressional Record, Feb. 12, 1998]

       Mrs. Murray. Mr. President, soon after the upcoming recess, 
     I will join my colleague, Senator Slade Gorton, to introduce 
     the Dungeness Crab Conservation and Management Act. The ocean 
     Dungeness crab fishery in WA, OR, and CA has been 
     successfully managed by the three states for many years. The 
     states cooperate on season openings, male-only harvest 
     requirements, and minimum sizes; and all three states have 
     enacted limited entry programs. Although the resource 
     demonstrates natural cycles in abundance, over time the 
     fishery has been sustained at a profitable level for 
     fishermen and harvesters with no biological programs.
       The fishery is conducted both within state waters and in 
     the federal exclusive economic zone (EEZ). Although state 
     landing laws restrict fishermen to delivering crab only to 
     those states in which they are licensed, the actual harvest 
     takes place along most of the West Coast, roughly from San 
     Francisco to the Canadian border. Thus, it is not unusual for 
     an Oregon-licensed fisherman from Newport to fish in the EEA 
     northwest of Westport, WA, and deliver his catch to a 
     processor in Astoria, OR.
       In recent yeas, federal court decisions under the umbrella 
     of U.S. v. Washington have held that Northwest Indian tribes 
     have treaty rights to harvest a share of the crab resource 
     off Washington. To accommodate these rights, the State of 
     Washington has restricted fishing by Washington-licensed 
     fishermen. This led Washington fishermen to request an 
     extension of state fisheries jurisdiction into the EEZ. The 
     Congress partially granted this request during the last 
     Congress by giving the West Coast states interim authority 
     over Dungeness crab, which expires in 1999 (16 U.S.C. 1856 
     note). The Congress also expressed its interest in seeing a 
     fishery management plan established for Dungeness crab and 
     asked the Pacific Fishery Management Council (PFMC) to report 
     to Congress on this issue by December, 1997.
       The PFMC established an industry committee to examine the 
     issues, which developed several options. At its June meeting, 
     the PFMC selected two options for further development and 
     referred them for analysis to the Tri-State Dungeness Crab 
     Committee which operates under the Pacific States Marine 
     Fisheries Commission. After lengthy debate, the Tri-State 
     Committee recommended to the Council that the Congress be 
     requested to make the interim authority permanent with 
     certain changes, including a clarification of what license is 
     required for the fishery, broader authority for the states to 
     ensure equitable access to the resource, and clarification of 
     tribal rights. The Tri-State Committee agrees that each 
     state's limited entry laws should apply only to vessels 
     registered in that state. I ask unanimous consent to include 
     the report of the Tri-State Dungeness Crab Committee and the 
     membership list of the Committee in the Record.
       On September 12, 1997, the PFMC unanimously agreed to 
     accept and support the Tri-State Committee recommendation. 
     The Council agreed that the existing management structure 
     effectively conserves the resource, that allocation issues 
     are resolved by the restriction on application of state 
     limited entry laws, that tribal rights are protected, and 
     that the public interest in conservation and fiscal 
     responsibility after better served by the legislative 
     proposal than by developing and implementing a fishery 
     management plan under the Magnuson-Stevens Fishery 
     Conservation and Management Act. This legislation will fully 
     implement the Tri-State Committee recommendation and ensure 
     the conservation and sound management of this important West 
     Coast fishery.
       I look forward to the Senate's timely consideration of this 
     bill.
                                  ____


Report of the Tri-State Dungeness Crab Committee to the Pacific Fishery 
 Management Council on Options for Dungeness Crab Fishery Management, 
                             August 7, 1997

       The Tri State Dungeness Crab Committee met on August 6-7, 
     1997 to review the Pacific Fishery Management Council (PFMC) 
     Analysis of Options for Dungeness Crab Management. A list of 
     the attending Committee members, advisors, and observers is 
     attached. After completing that review, the Committee 
     discussed the merits of each option and offered the following 
     comments for PFMC consideration.
       There was general agreement within the Committee that 
     Option 1, No Action, would not satisfy the current needs of 
     the industry. There was unanimous opposition, however, among 
     Oregon and California representatives to Option 3, 
     Development of a Limited Federal Fishery Management Plan 
     (FMP). Washington representatives were not strongly in favor 
     of a FMP, but viewed it as the only realistic means to 
     address their concerns for the fishery. After an extended 
     discussion, it was the consensus of the Committee that a 
     modified version of Option 2, Extension of Interim Authority, 
     was preferred.
       There were three common themes that appeared during the 
     discussion. No Committee members believed that there should 
     be fishing or processing of Dungeness crab in waters of the 
     EEZ under PFMC jurisdiction by any vessel not permitted or 
     licensed in either Washington, Oregon, or California. The 
     Committee generally accepted that additional tools beyond 
     area closures and pot limits could be needed to address 
     tribal allocation issues. Finally, the Committee also agreed 
     that as a matter of fairness, vessels fishing alongside each 
     other in an area should be subject to the same regulations. 
     On that basis, the Tri-State Dungeness Crab Committee 
     recommends that:
       1. The PFMC immediately request that Congress make the 
     current Interim Authority a permanent part of the Magnuson-
     Stevens Fishery Conservation and Management Act, applying 
     only to Pacific coast Dungeness crab, with the following 
     adjustments.
       (a) delete the limitations listed in the current Section 2 
     of the Interim Authority so that state regulations will apply 
     equally to all vessels in the EEZ and adjacent State waters; 
     and
       (b) clarify the language in the current Section 3B of the 
     Interim Authority to prohibit participation in the fishery by 
     vessels that are not registered in either Washington, Oregon, 
     or California.
       2. The PFMC defer action on a Dungeness crab FMP until 
     March 1998 to determine whether Congress will be receptive to 
     this extension of the Interim Authority.
       Proposed draft bill language for an extension of the 
     Interim Authority is attached.
       This recommendation is not made without reservations on 
     both sides. Washington representatives were reluctant to 
     totally withdraw consideration of a federal FMP option, in 
     the event that efforts to extend the Interim Authority fail. 
     They expressed little confidence that a request for 
     Congressional action would be successful. Representatives 
     from Oregon were concerned that discriminatory regulations 
     could be enacted in the future by other states that could 
     effectively exclude them from participation on traditional 
     fishing grounds. They preferred this risk over the 
     involvement of federal agencies under a federal fishery 
     management plan.

[[Page S1525]]

  Tri-State Dungeness Crab Committee Meeting Attendance--August 6-7, 
                           1997, Portland, OR


                           committee members

     Dick Sheldon: Columbia River Dungeness Crab Fishermen's 
         Association, Ocean Park, WA
     Ernie Summers: Washington Dungeness Crab Fishermen's 
         Association, Westport, WA
     Larry Thevik: Washington Dungeness Crab Fishermen's 
         Association, Westport, WA
     Terry Krager: Chinook Packing, Chinook, WA
     Paul Davis: Oregon Fisher, Brookings, OR
     Bob Eder: Oregon Fisher, Newport, OR
     Tom Nowlin: Oregon Fisher, Coos Bay, OR
     Stan Schones: Oregon Fisher, Newport, OR
     Russell Smotherman: Oregon Fisher, Warrenton, OR
     Joe Speir: Oregon Fisher, Brookings, OR
     Rod Moore: West Coast Seafood Processors Association, 
         Portland, OR
     Harold Ames: CA Fisher, Bodega Bay, CA
     Mike Cunningham: CA Fisher, Eureka, CA
     Tom Fulkerson: CA Fisher, Trinidad, CA
     Tom Timmer: CA Fisher, Crescent City, CA
     Jerry Thomas: Eureka Fisheries, Inc., Eureka, CA


                                advisors

     Steve Barry: Washington Department of Fish and Wildlife, 
         Montesano, WA
     Paul LaRiviere: Washington Department of Fish and Wildlife, 
         Montesano, WA
     Neil Richmond: Oregon Department of Fish and Wildlife, 
         Charleston, OR


                               observers

     Tom Kelly: WA Fisher, Westport, WA
     Mike Mail: Quinault Tribe, Taholah, WA
     Nick Furman: Oregon Dungeness Crab Commission, Coos Bay, OR
                                 ______