[House Report 114-274]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-274
======================================================================
WEST COAST DUNGENESS CRAB MANAGEMENT ACT
_______
September 30, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 2168]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2168) to make the current Dungeness crab fishery
management regime permanent and for other purposes, 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. 2168 is to make the current Dungeness
crab fishery management regime permanent.
Background and Need for Legislation
H.R. 2168 continues a successful, state-led fishery
conservation program at no federal expense, while providing
domestic seafood supplies and the jobs associated with that
industry.
The Dungeness crab is a species native to the Pacific
Ocean, with habitat stretching from Alaska to Mexico.
Commercial and recreational harvest of the crab supports one of
the West coast's most valuable fisheries with about 99% of the
crab on the U.S. market coming from domestic sources. According
to the National Oceanic and Atmospheric Administration (NOAA),
crab harvests off California, Oregon, and Washington have
maintained a cyclical pattern for nearly 50 seasons, ranging
from 8 million to 54 million pounds. The harvests peak
approximately every ten years.
H.R. 2168 continues a lengthy history of state-managed crab
fisheries. With the creation of regional fishery management
councils pursuant to the Magnuson-Stevens Fishery Conservation
and Management Act of 1976 (16 U.S.C. et seq.), the Pacific
Fishery Management Council considered putting the Dungeness
crab fishery under federal management. However, according to
testimony submitted to the House Resources Committee from then-
Deputy Assistant Administrator for Fisheries, Mr. David Evans,
``Council members decided that the diverse and urgent
management needs of the salmon and groundfish fisheries were
more than enough for the young council to coordinate.'' As a
result, the States of Washington, California, and Oregon
entered into a Memorandum of Understanding in 1980 to take
``mutually supportive actions'' to manage the fishery within
their respective state waters (0-3 nautical miles from shore)
as well as in the adjacent federal waters (3-200 nautical miles
from shore). The three states manage the commercial and
recreational fishery under this tri-state process.
The 1996 reauthorization of the Magnuson-Stevens Act
recognized the three-state agreement by granting a one year
authorization (Public Law 104-297). Since the initial one year
interim program, the tri-state management authority has been
extended three times, the most recent being a ten year
extension of the management authority in 2007 (Public Law 109-
479). The current authorization for the tri-state management
authority expires on September 30, 2016. The Secretary of
Commerce reserves the right under Public Law 105-384 to
implement a federal fishery management plan, effectively
allowing federal management of the crab fishery in federal
waters.
In lieu of formal annual stock assessments--as would be
required under a federal fishery management plan--the states
conduct population tests and processes to determine season
opening dates. Each of the states fund these assessments
through revenue generated from the sale of Dungeness fishery
permits and sales of crab retained during the testing.
Additionally, the states have adopted strict size and sex
requirements: only male crabs are retainable and must measure
at least 6.25 inches at the shortest distance across the back
of the shell. This size limit is intended to protect some
sexually mature male crabs from harvest.
In light of the lengthy and successful state-led management
of the crab fishery, H.R. 2168 amends Public Law 105-384 by
striking the sunset provision for the tri-state Dungeness crab
management regime, making the management authority permanent.
Committee Action
H.R. 2168 was introduced on April 30, 2015, by
Congresswoman Jaime Herrera Beutler (R-WA). The bill was
referred to the Committee on Natural Resources, and within the
Committee to the Subcommittee on Water, Power and Oceans. The
Subcommittee held a hearing on July 23, 2015. On September 9,
2015, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent. No
amendments were offered and on September 10, 2015, the bill was
ordered favorably reported to the House of Representatives by
unanimous consent.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 2168--West Coast Dungeness Crab Management Act
H.R. 2168 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 current law, the states' authority to
manage their Dungeness crab fisheries will expire on September
30, 2016. After that date, the National Oceanic and Atmospheric
Administration (NOAA) will manage the fishery.
If the states' authority to manage the fishery expires, CBO
estimates that NOAA will require appropriations totaling $1
million a year beginning in 2017 to hire 10 to 15 new employees
to carry out administrative activities related to managing the
fishery. Under the bill, CBO expects that the three states
would continue to manage their Dungeness crab fisheries largely
at state expense. Therefore, we estimate that implementing the
bill would reduce the need for discretionary appropriations
(and associated spending) by $1 million a year over the 2017-
2020 period. Enacting the bill would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 2168 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local or tribal governments.
Any costs incurred by states to continue regulating their
fisheries would be incurred voluntarily.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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. The Congressional
Budget Office estimates that implementing the legislation would
``reduce the need for discretionary appropriations (and
associated spending) by $1 million a year over the 2017-2020
period.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to make the current Dungeness crab
fishery management regime permanent.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
ACT OF NOVEMBER 13, 1998
(Public Law 105-384)
AN ACT To approve a governing international fishery agreement between
the United States and the Republic of Poland, and for other purposes.
* * * * * * *
TITLE II--MISCELLANEOUS FISHERIES PROVISIONS
* * * * * * *
SEC. 203. 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) Requirement 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 except as provided in
United States v. Washington, D.C. No. CV-70-09213,
United States District Court for the Western District
of Washington; 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 fora 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
(16U.S.C. 1802) shall apply to this section.
[(i) Sunset.--This section shall have no force or effect on
and after September 30, 2016.]
[(j)] (i) Not later than December 31, 2001, and every 2 years
thereafter, the Pacific State Marine Fisheries Commission shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives a report on the status and
management of the Dungeness Crab fishery located off the coasts
of the States of Washington, Oregon, and California,
including--
(1) stock status and trends throughout its range;
(2) a description of applicable research and
scientific review processes used to determine stock
status and trends; and
(3) measures implemented or planned that are designed
to prevent or end overfishing in the fishery.
* * * * * * *
[all]