[House Report 107-91]
[From the U.S. Government Publishing Office]





107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-91

======================================================================



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

                                _______
                                

  June 6, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1661]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1661) to extend indefinitely the authority of the States 
of Washington, Oregon, and California to manage a Dungeness 
crab fishery until the effective date of a fishery management 
plan for the fishery under the Magnuson-Stevens Fishery 
Conservation and Management Act, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1661 is to extend indefinitely the 
authority of the States of Washington, Oregon, and California 
to manage the Dungeness crab fishery until the effective date 
of a fishery management plan for the fishery under the 
Magnuson-Stevens Fishery Conservation and Management Act.

                  Background and Need for Legislation

    The Pacific Ocean fishery for Dungeness crab (Cancer 
magister) is prosecuted in the State waters of California, 
Oregon, and Washington and in the 200-mile Exclusive Economic 
Zone (EEZ) adjacent to those States. In the Sustainable 
Fisheries Act of 1996, Congress authorized interim management 
authority to the States of Washington, Oregon, and California 
for the Dungeness crab fishery in the EEZ adjacent to their 
State. This authority was given to the States in the absence of 
any federal fishery management plan. When, and if, the Pacific 
Fishery Management Council implemented a fishery management 
plan, the interim authority to the States was negated.
    In 1997, the Pacific Fishery Management Council unanimously 
requested in a letter that Congress permanently extend this 
management authority to the States. ``The Council supports an 
agreement reached by industry representatives, tribal 
representatives, and the state fishery management agencies that 
the Council not proceed with development of a fishery 
management plan for Dungeness crab. * * * That agreement 
recommends Congressional action that extends and expands the 
current interim authority.'' In the 105th Congress, Public Law 
105-384 reauthorized the States management authority over 
Dungeness crab through September 30, 2001.
    Congressmen George Miller (D-CA) and Greg Walden (R-OR) 
introduced H.R. 1661 to extend indefinitely State management of 
the Dungeness crab fishery. However, H.R. 1661 does not change 
the existing provision in Law that allows the Pacific Fishery 
Management Council, which has management authority over this 
fishery, to develop a federal fishery management plan and 
regain its management authority from the States.
    The States have been managing the fishery cooperatively and 
successfully since the interim authority was given in 1996. The 
1999-2000 season landings of Dungeness crab were 8.775 million 
pounds with a revenue of $17.7 million for California; 15.6 
million pounds with a revenue of $31.7 million for Oregon; and 
17.0 million pounds with a revenue of $34.8 million for 
Washington. Ex-vessel prices in Washington were $1.35 per pound 
and in Oregon averaged $1.78 per pound.

                            Committee Action

    H.R. 1661 was introduced on May 1, 2001, by Congressman 
George Miller (D-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans. On May 16, 2001, 
the Full Resources Committee met to consider the bill. The 
Subcommittee on Fisheries Conservation, Wildlife and Oceans was 
discharged from further consideration of the bill by unanimous 
consent. There were no amendments offered to the bill, and the 
bill was ordered favorably reported to the House of 
Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act.--As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives.--This bill 
does not authorize funding and therefore, clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate.--Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 1, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1661, a bill to 
extend indefinitely the authority of the states of Washington, 
Oregon, and California to manage a Dungeness crab fishery until 
the effective date of a fishery management plan for the fishery 
under the Magnuson-Stevens Fishery Conservation and Management 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Lauren Marks (for the private-
sector impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1661--A bill to extend indefinitely the authority of the states of 
        Washington, Oregon, and California to manage a Dungeness crab 
        fishery until the effective date of a fishery management plan 
        for the fishery under the Magnuson-Stevens Fishery Conservation 
        and Management Act

    H.R. 1661 would allow Washington, Oregon, and California to 
continue to manage commercial fishing for Dungeness crabs in 
federal waters adjacent to their states until the Pacific 
Fishery Management Council develops a formal fishery management 
plan for the area. Under existing law, the states' authority to 
manage their Dungeness crab fisheries will expire on September 
30, 2001.
    CBO estimates that enacting H.R. 1661 would have no 
significant effect on the federal budget. The three states 
would continue to manage their Dungeness crab fisheries largely 
at state expense. H.R. 1661 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments. Any costs to 
states to continue regulating their fisheries would be incurred 
voluntarily.
    H.R. 1661 would reauthorize an existing mandate on owners 
of vessels that fish for Dungeness crabs in federal waters 
adjacent to the states of California, Oregon, and Washington. 
Based on information provided by the National Oceanic and 
Atmospheric Administration, CBO estimates that the direct costs 
of extending the existing mandate would fall well below the 
annual threshold established by UMRA ($113 million in 2001, 
adjusted annually for inflation).
    The staff contacts for this estimate are Deborah Reis (for 
federal costs) and Lauren Marks (for the private-sector 
impact). The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets and 
existing law in which no change is proposed is shown in roman):

              SECTION 203 OF THE ACT OF NOVEMBER 13, 1998


 AN ACT To approve a governing international fishery agreement between 
the United States and the Republic of Poland, and for other purposes.

           *       *       *       *       *       *       *


SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO 
                    MANAGE DUNGENESS CRAB FISHERY.

  (a) * * *

           *       *       *       *       *       *       *

  [(i) Sunset.--This section shall have no force or effect on 
and after September 30, 2001.]

                                
