[House Report 114-517]
[From the U.S. Government Publishing Office]


114th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       114-517

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



 
             EEZ TRANSIT ZONE CLARIFICATION AND ACCESS ACT

                                _______
                                

 April 25, 2016.--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. 3070]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3070) to clarify that for purposes of all 
Federal laws governing marine fisheries management, the 
landward boundary of the exclusive economic zone between areas 
south of Montauk, New York, and Point Judith, Rhode Island, and 
for other purposes, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``EEZ Transit Zone Clarification and 
Access Act''.

SEC. 2. RECREATIONAL FISHING IN BLOCK ISLAND SOUND TRANSIT ZONE.

  (a) In General.--The Secretary of Commerce, in consultation with the 
Atlantic States Marine Fisheries Commission, may issue regulations to 
permit and regulate recreational Atlantic striped bass fishing in the 
Block Island Sound Transit Zone.
  (b) Block Island Sound Transit Zone Defined.--In this section the 
term ``Block Island Sound transit zone'' means the area of the 
exclusive economic zone north of a line connecting Montauk Light, 
Montauk Point, New York, and Block Island Southeast Light, Block 
Island, Rhode Island; and west of a line connecting Point Judith Light, 
Point Judith, Rhode Island, and Block Island Southeast Light, Block 
Island, Rhode Island.
  (c) Savings Clause.--Nothing in this section or the regulations 
issued under this section shall affect--
          (1) any permit that--
                  (A) is issued under any other provision of law by the 
                National Oceanic and Atmospheric Administration, 
                including a permit issued before the date of the 
                enactment of this Act; and
                  (B) authorizes fishing in the Block Island Sound 
                Transit Zone; or
          (2) any activity authorized by such a permit.

    Amend the title so as to read:
    A bill to authorize the Secretary of Commerce to permit 
striped bass fishing in the Exclusive Economic Zone transit 
zone between Montauk, New York, and Point Judith, Rhode Island, 
and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3070, as ordered reported, is to 
authorize the Secretary of Commerce to permit striped bass 
fishing in the Exclusive Economic Zone transit zone between 
Montauk, New York, and Point Judith, Rhode Island.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3070, as amended, improves access for Atlantic striped 
bass fishing under limited circumstances in the Block Island 
Sound transit zone, a strip of federal waters between Montauk, 
New York, and Block Island, Rhode Island.
    The current management of the Atlantic striped bass fishery 
in state and federal waters is unique. Each state in the 
Atlantic region manages its own fisheries in state waters (0-3 
miles from shore) or, in some cases, collectively through the 
Atlantic States Marine Fisheries Commission (ASMFC). As it 
relates to this bill, the National Oceanic and Atmospheric 
Administration (NOAA) manages fisheries in federal waters (3-
200 miles from shore) through the Mid-Atlantic Fishery 
Management Council. According to NOAA, mid-Atlantic commercial 
fishermen grossed $458 million in landings revenue in 2013, 
with key species for both commercial and recreational anglers 
being Atlantic striped bass and summer flounder.
    The Atlantic striped bass is a migratory species that poses 
management challenges as it routinely crosses state boundaries 
and swims up rivers to spawn in the spring. In an effort to 
establish consistent and coordinated management among states, 
the ASMFC Striped Bass Management Board manages the species in 
state waters. State fishery managers from each participating 
Atlantic coastal state from Maine to Florida comprise the 
ASMFC. For striped bass, the states agree on and set a 
management goal for the entire state water fishery which 
usually consists of a percentage increase or decrease in 
harvest over the previous year. Once the management goal has 
been agreed to by the ASMFC, individual states can set their 
own management plans in a process called ``conservation 
equivalency.'' If the ASMFC technical committee finds that an 
individual state's plan meets the parameters of the overall 
management goal already agreed to by the states, that 
individual state's plan will go back to a full vote by the 
ASMFC. Conversely, if a specific state is found by the other 
participating states to be out of compliance with the plan 
approved by the ASMFC, the states can elect, by unanimous 
consent, to notify the U.S. Secretary of Commerce who is 
authorized to order the out-of-compliance state's waters be 
shut down to striped bass fishing.
    NOAA manages Atlantic striped bass in federal waters. 
However, commercial and recreational harvest of the species in 
federal waters is prohibited, in part, under Executive Order 
13449. While the stock has rebounded from the 1980s--from 5 
million in 1982 to 56 million in 2007, according to the federal 
government--NOAA has not used its discretion under the 
Executive Order to lift this moratorium despite a 2003 ASMFC 
recommendation to do so.
    There has been some regulatory confusion around Block 
Island Sound, a strip of federal water between Montauk, New 
York, and Block Island, Rhode Island. Specifically, the Natural 
Resources Committee heard testimony that this small strip of 
federal water, which is immediately adjacent to state waters, 
is a transit zone for fishermen who possess Atlantic striped 
bass in federal waters but caught such fish in neighboring 
state waters. Due to the lack of line demarcation, there is a 
risk of anglers receiving fines for inadvertently fishing in 
federal waters. As introduced, the bill aimed to resolve this 
regulatory confusion by adjusting the federal/state boundary in 
Block Island Sound to have the area managed under state 
jurisdiction.
    Due to concerns regarding potential impacts of the boundary 
change, the bill was amended to authorize the U.S. Secretary of 
Commerce, in consultation with the ASMFC, to allow and regulate 
limited striped bass fishing in the Block Island Transit Zone. 
The bill, as amended, also protects existing federally 
permitted activities, such as lobstering.

            SECTION-BY-SECTION ANALYSIS OF BILL, AS AMENDED

    Section 1. This section designates the short title of the 
bill as the ``EEZ Transit Zone Clarification and Access Act.''
    Section 2. This section authorizes the U.S. Secretary of 
Commerce, in consultation with the ASMFC, to allow and regulate 
striped bass fishing, including rod and reel operations, in the 
Block Island Transit Zone. This section also includes language 
to ensure that the act will have no impact on federal permits 
in those waters.

                            COMMITTEE ACTION

    H.R. 3070 was introduced on July 15, 2015, by Congressman 
Lee M. Zeldin (R-NY). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Power and Oceans. On February 2, 2016, the 
Subcommittee held a hearing on the bill. On March 15, 2016, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Paul A. Gosar (R-AZ) offered an amendment in the nature of a 
substitute; it was adopted by unanimous consent. The bill, as 
amended, was ordered favorably reported to the House of 
Representatives by unanimous consent on March 16, 2016.

            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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 21, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman:  The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3070, the EEZ 
Transit Zone Clarification and Access Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Keith Hall, Director.
    Enclosure.

H.R. 3070--EEZ Transit Zone Clarification and Access Act

    H.R. 3070 would authorize the Secretary of Commerce to 
permit recreational fishing for Atlantic striped bass between 
the eastern tip of Long Island and the coast of Rhode Island. 
That type of fishing is currently banned in that area, although 
the Secretary already has the authority to lift the ban. Aside 
from administrative costs of issuing regulations, which CBO 
estimates would be insignificant, there are no other budgetary 
consequences of maintaining or lifting this fishing ban in 
federal waters.
    Enacting H.R. 3070 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting the bill would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 3070 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.
    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 (CBO) has concluded that ``[a]side from 
administrative costs of issuing regulations, which CBO 
estimates would be insignificant, there are no other budgetary 
consequences of maintaining or lifting this fishing ban in 
federal waters.''
    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, as ordered reported, is to authorize 
the Secretary of Commerce to permit striped bass fishing in the 
Exclusive Economic Zone transit zone between Montauk, New York, 
and Point Judith, Rhode Island.

                           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

    If enacted, this bill would make no changes in existing 
law.

                                  [all]