[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.

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TITLE II--MISCELLANEOUS FISHERIES PROVISIONS

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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.

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