[Senate Report 114-260]
[From the U.S. Government Publishing Office]
Calendar No. 477
114th Congress } {
SENATE Report
2d Session } { 114-260
_______________________________________________________________________
WEST COAST DUNGENESS CRAB MANAGEMENT ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1143
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 23, 2016.--Ordered to be printed
_____
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2016
59-010
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR , Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Rebecca Seidel, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 477
114th Congress } { Report
SENATE
2d Session } { 114-260
======================================================================
WEST COAST DUNGENESS CRAB MANAGEMENT ACT
_______
May 23, 2016.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 1143]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1143) to make the authority of
States of Washington, Oregon, and California to manage
Dungeness crab fishery permanent and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 1143, the West Coast Dungeness Crab
Management Act, is to allow Washington, Oregon, and California
to manage the Dungeness crab fishery permanently.
Background and Needs
Marine fisheries resources in the United States are managed
under State and Federal authorities. Fisheries in the exclusive
economic zone of the United States (U.S. EEZ) are managed under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA).\1\ The U.S. EEZ is the largest in the
world; it extends from coastal State boundaries to 200 nautical
miles from shore, encompassing about 3.4 million square
nautical miles of area. Within a few miles of shore, States are
responsible for fisheries management, often in coordination
with neighboring States and with the Federal Government. Most
States' seaward boundaries extend three miles from shore;
however, the seaward boundaries of Texas, Puerto Rico, and the
Gulf coast of Florida extend nine nautical miles. In 2012,
Louisiana claimed State jurisdiction out to over 10 nautical
miles.\2\
---------------------------------------------------------------------------
\1\16 U.S.C. 1801 et seq.
\2\Louisiana (State). 2011. Senate Bill 145 Act No 366. Available
at: http://www.legis.la.gov/legis/ViewDocument.aspx?d=760938 (accessed
June 17, 2015).
---------------------------------------------------------------------------
Magnuson-Stevens Fishery Conservation and Management Act
In 1976, Congress passed the Fishery Conservation and
Management Act,\3\ which established a ``fishery conservation
zone'' extending 200 miles from the shores of the United
States, gave the United States exclusive authority to manage
fishery resources within that zone, and excluded most foreign
fishing fleets from those waters. In 1983, that Act was amended
to reflect President Reagan's proclamation establishing an
exclusive economic zone 200 nautical miles offshore of the
United States\4\ consistent with the United Nations Convention
on the Law of the Sea.\5\ That Act was retitled the Magnuson
Fishery Conservation and Management Act in 1980\6\ to honor the
leadership of Senator Warren Magnuson in that Act's original
passage; in 1996 Senator Ted Stevens' contributions were
recognized when his name was appended to the short title.\7\
---------------------------------------------------------------------------
\3\P.L. 94-265.
\4\48 Fed. Reg. 10605.
\5\Rolleri, J. ``Taking Stock: The Magnuson-Stevens Act Revisited;
Background Materials on the MSA.'' Prepared for the 8th Marine Law
Symposium, November 4-5, 2010, Roger Williams University School of Law,
Bristol, RI.
\6\P.L. 96-561.
\7\P.L. 104-208.
---------------------------------------------------------------------------
The original version of that Act, in addition to
establishing U.S. control over the fishery resources off our
shores, also established eight Regional Fishery Management
Councils (Councils): New England, Mid-Atlantic, South Atlantic,
Caribbean, Gulf of Mexico, Pacific, North Pacific, and Western
Pacific.\8\ The Councils include State, Federal, industry, and
scientific representatives, and are primarily responsible for
developing fishery management plans for fisheries in their
respective regions.\9\ The Federal Government provides
scientific and administrative support for the management of
fisheries in Federal waters, primarily through the National
Oceanic and Atmospheric Administration's (NOAA) National Marine
Fisheries Service (NMFS). NMFS is subdivided into six regional
offices and corresponding science centers: Alaska, West Coast,
Greater Atlantic, Pacific Islands, Southeast, and
Caribbean.\10\
---------------------------------------------------------------------------
\8\For each Council's area of responsibility, see http://
www.nmfs.noaa.gov/sfa/reg_svcs/councils.htm (accessed October 30,
2013).
\9\16 U.S.C. 1852.
\10\National Marine Fisheries Service. 2013. Fisheries of the
United States, 2012. U.S. Department of Commerce, Current Fishery
Statistics No. 2012: p. 108. Available at: http://www.st.nmfs.noaa.gov/
commercial-fisheries/fus/fus12/index (accessed October 30, 2013).
---------------------------------------------------------------------------
Dungeness Crab Tri-State Management
The Dungeness crab (Metacarcinus magister) is a native
species to the Pacific Ocean, with a habitat stretching from
Alaska to Mexico.\11\ In 2014, across the West Coast, fishermen
landed more than 53 million pounds of crab valued at $169.8
million.\12\ Commercial and recreational harvest of the crab
supports one of the West Coast's most valuable fisheries, with
about 99 percent of the crab on the U.S. market coming from
domestic sources. Landings of the crab in the fisheries off
Washington, Oregon, and California have maintained a cyclical
pattern for nearly 50 seasons, with harvests ranging from 8
million to 54 million pounds yearly, peaking approximately
every 10 years.\13\
---------------------------------------------------------------------------
\11\PSMFC. ``Tri-State Dungeness Crab (TSDC).'' Available at http:/
/www.psmfc.org/program/tri-state-dungeness-crab-tsdc (accessed
September 23, 2015).
\12\PSMFC. Dungeness Crab Report 2014. Available at: http://
www.psmfc.org/crab/2014-2015%20files/DUNGENESS%20CRAB%20REPORT2014.pdf
(accessed September23, 2015).
\13\NOAA Southwest Fisheries Science Center. ``Management of
Dungeness Crab Fisheries.'' Available at: https://swfsc.noaa.gov/
publications/CR/1986/8667.PDF (accessed September 23, 2015).
---------------------------------------------------------------------------
In 1980, the States of Washington, Oregon, and California
entered into a memorandum of understanding\14\ to take mutually
supportive actions to cooperatively manage the fishery within
their respective State waters (0 to 3 nautical miles from
shore) as well as in the adjacent Federal waters (3 to 200
nautical miles).\15\ Those three States manage the commercial
and recreational fishery through the Dungeness crab tri-State
process under the umbrella of the Pacific States Marine
Fisheries Commission, an interstate compact agency that helps
State resource agencies and the fishing industry sustainably
manage Pacific Ocean resources in the five-State region of
Washington, Oregon, California, Idaho, and Alaska. Each State
is represented by three Commissioners. The Pacific States
Marine Fisheries Commission establishes reporting requirements
and seasons,\16\ as well as allocations.
---------------------------------------------------------------------------
\14\Fullerton, E.C., J. Donaldson, and G. Sandison. Memorandum of
Understanding. Available at: https://www.scribd.com/doc/272105926/MOU-
Pacific-Coast-Dungeness-Crab-Fishery-1980 (accessed September 23,
2015).
\15\P.L. 94-625. Available at: http://www.gpo.gov/fdsys/pkg/PLAW-
105publ384/pdf/PLAW-105publ384.pdf (accessed September 23, 2015).
\16\Washington Fish and Wildlife. ``Recreational Crab Fishing.''
Available at: http://wdfw.wa.gov/fishing/shellfish/crab/ (accessed
September 23, 2015.
---------------------------------------------------------------------------
In 1996, Congress gave authority to Washington, Oregon, and
California to manage the commercial Dungeness crab fishery off
their coasts.\17\ This amendment included a sunset clause that
expired one year after the enactment of the amendment. Since
the initial 1-year pilot, the tri-State management authority
has been extended 3 times, the most recent being a 10-year
extension of the management authority in 2007.\18\ The current
Federal authorization for the tri-State management authority
expires on September 30, 2016. Under current law, the Secretary
of Commerce reserves the right, at any time, to implement a
Federal Fishery Management Plan for the fishery under the
MSA.\19\
---------------------------------------------------------------------------
\17\P.L. 104-297 - Section 112(d). October 11, 1996.
\18\P.L. 109-479 - Section 302(e). January 12, 2007.
\19\P.L. 105-384 - Section 203(g). November 13, 1998.
---------------------------------------------------------------------------
The States conduct pre-season meat pick-out testing\20\ of
the crab to determine season opening dates. According to the
Pacific States Marine Fisheries Commission, each of the three
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 may
be retained and must measure at least 6.25 inches at the
shortest distance across the back of the shell.\21\ This size
limit is utilized to protect sexually mature male crabs from
harvest for a season or two.
---------------------------------------------------------------------------
\20\PSMFC. Pre-Season Testing Protocol for the Tri-State Coastal
Dungeness Crab Commercial Fishery. Available at: http://www.psmfc.org/
crab/2013_FINAL_PreSeasonTestingProtocol.pdf (accessed September 23,
2015).
\21\Marine Stewardship Council - MSC Final Report with
Certification Decision: Oregon Dungeness Crab Fishery, p.19, October
27, 2010. Available at: https://www.msc.org/track-a-fishery/fisheries-
in-the-program/certified/pacific/oregon-dungeness-crab/assessment-
downloads-1/ODC_V4_Final-Report_27Oct2010.pdf (accessed September 23,
2015).
---------------------------------------------------------------------------
Domoic Acid
The 2015 commercial Dungeness crab season was set to open
on November 15th. On November 6, 2015, the California
Department of Fish and Wildlife delayed the opening of the
season due to dangerous levels of domoic acid in crab meat.
Domoic acid is a toxin produced by the algae Pseudo-nitzschia
and can be fatal at high levels. The reasons for the Pseudo-
nitzschia bloom are unclear, but may possibly be related to the
current El Nino.\22\ This bill would continue the management
system currently in place and would not impact the ability of
State public health and fish and wildlife departments to react
to cases like this.
---------------------------------------------------------------------------
\22\R. Parsons, ``Toxic algae delays California's Dungeness crab
season,'' Los Angeles Times, November 5, 2015. Available at: http://
www.latimes.com/food/dailydish/la-dd-dungeness-crab-
season-delayed-toxic-algae-20151105-story.html (accessed November 9,
2015).
---------------------------------------------------------------------------
Summary of Provisions
S. 1143, the West Coast Dungeness Crab Management Act,
would allow Washington, Oregon, and California to manage the
Dungeness crab fishery permanently.
Legislative History
S. 1143 was introduced by Senator Cantwell on April 30,
2015. Senators Wyden, Murray, Merkley, Feinstein, and Boxer are
cosponsors. On November 18, 2015, the Committee met in open
Executive Session and, by a voice vote, ordered S. 1143 to be
reported favorably. A companion bill, H.R. 2168, was passed by
the House of Representatives on October 6, 2015, by
Representatives Herrera Beutler, Larsen, Kilmer, and Schrader.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1143--West Coast Dungeness Crab Management Act
S. 1143 would authorize 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. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
S. 1143 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.
On September 30, 2015, CBO transmitted a cost estimate for
H.R. 2168, the West Coast Dungeness Crab Management Act, as
ordered reported by the House Committee on Natural Resources on
September 10, 2015. The two bills are similar, and CBO's
estimated costs are the same for both bills.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 1143 as reported does not create any new programs or
impose any new regulatory requirements, and therefore will not
subject any individuals or businesses to new regulations.
economic impact
S. 1143 is not expected to have a negative impact on the
Nation's economy and, in fact, would have a positive impact.
Were the management of the West Coast Dungeness Crab fishery to
revert to Federal control, the estimated cost would be
approximately $1 million per year for NOAA to hire new
administrative employees related to managing the fishery.
privacy
The reported bill would have no impact on the personal
privacy of individuals.
paperwork
S. 1143 would not increase paperwork requirements for
either the private or public sector.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would designate the short title of this bill
as the ``West Coast Dungeness Crab Management Act.''
Section 2. Dungeness crab fishery management.
This section would allow Washington, Oregon, and California
to manage the Dungeness crab fishery permanently.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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
material is printed in italic, existing law in which no change
is proposed is shown in roman):
AN ACT TO APPROVE A GOVERNING INTERNATIONAL FISHERY AGREEMENT BETWEEN
THE UNITED STATES AND THE REPUBLIC OF POLAND, AND FOR OTHER PURPOSES
[Public Law 105-384; 112 Stat. 3451]
SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO
MANAGE DUNGENESS CRAB FISHERY.
[16 U.S.C. 1856 note]
(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) Requirements 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 for a 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) [Omitted]
(h) Definitions.--The definitions set forth in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.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]