[Senate Report 115-88]
[From the U.S. Government Publishing Office]
Calendar No. 111
115th Congress } { Report
SENATE
1st Session } { 115-88
_______________________________________________________________________
A BILL TO REMOVE THE SUNSET PROVISION OF SECTION 203 OF PUBLIC LAW 105-
384 AND FOR OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 61
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 5, 2017.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2017
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Publishing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800;
DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC,
Washington, DC 20402-0001
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
first session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada CORY A. BOOKER, New Jersey
JAMES M. INHOFE, Oklahoma TOM UDALL, New Mexico
MIKE LEE, Utah GARY C. PETERS, Michigan
RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West TAMMY DUCKWORTH, Illinois
Virginia
CORY GARDNER, Colorado MARGARETWOODHASSAN,NewHampshire
TODD C. YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 111
115th Congress } { Report
SENATE
1st Session } { 115-88
======================================================================
A BILL TO REMOVE THE SUNSET PROVISION OF SECTION 203 OF PUBLIC LAW 105-
384
_______
June 5, 2017.--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. 61]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 61) to remove the sunset
provision of section 203 of Public Law 105-384 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. 61, known as 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 U.S.
Exclusive Economic Zone (U.S. EEZ) are managed under the
authority of the Magnuson-Stevens Fisheries 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 3 miles from shore; however,
the seaward boundaries of Texas, Puerto Rico, and the Gulf
Coast of Florida are at 9 nautical miles. In 2012, Louisiana
claimed State jurisdiction to over 10 miles.\2\
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.\3\ Across the West Coast, fishermen landed
more than 53 million pounds of crab valued at $169.8 million in
2014.\4\ Commercial and recreational harvest of the crab
supports one of the West Coast's most valuable fisheries.
Landings of the crab in the fishery 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.\5\
In 1980, Washington, Oregon, and California entered into a
Memorandum of Understanding\6\ 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).\7\ The 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 (Commission), an interstate compact agency
that helps resource agencies and the fishing industry to
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
Commission establishes reporting requirements and seasons, as
well as allocations.\8\
Generally, fish in the U.S. EEZ are managed through the
regional Fishery Management Councils set up under the MSA.\9\
However, in 1996, the MSA was amended to give authority to
Washington, Oregon, and California to manage the commercial
Dungeness crab fishery off their coasts.\10\ This amendment
included a sunset clause that expired 1 year after the
enactment of the amendment. Since the initial 1 year pilot, the
tri-State management authority has been extended three times,
the most recent being a 10 year extension of the management
authority in 2007.\11\ The current Federal authorization for
the tri-State management authority expired on September 30,
2016.\12\ 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.\13\ The States
have continued to manage the fishery effectively since
September 30, 2016,\14\ but due to the sunset clause their
authority could be challenged.
Domoic acid
In California, Oregon, and Washington, there have been
significant delays of the season openings due to dangerous
levels of domoic acid in crab meat in the 2015 and 2016 fishing
seasons.\15\ 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 possibly
related to the current El Nino.\16\ This Act 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.
---------------------------------------------------------------------------
\1\16 U.S.C. Sec. 1801 et seq.
\2\Louisiana State Law, 2011, Senate Bill 145 Act No 366, at http:/
/www.legis.la.gov/legis/ViewDocument.aspx?d=760938.
\3\Pacific States Marine Fisheries Commission (PSMFC), Tri-State
Dungeness Crab (TSDC), accessed September 23, 2015, at http://
www.psmfc.org/program/tri-state-dungeness-crab-tsdc.
\4\PSMFC, Dungeness Crab Report 201, accessed September 23, 2015,
at http://www.psmfc.org/crab/2014-2015%20files/
DUNGENESS%20CRAB%20REPORT201pdf.
\5\PSMFC, TSDC, accessed September 23, 2015, at http://
www.psmfc.org/program/tri-state-dungeness-crab-tsdc.
\6\Fullerton, E.C., J. Donaldson, and G. Sandison, Memorandum of
Understanding, accessed September 23, 2015, at https://www.scribd.com/
doc/272105926/MOU-Pacific-Coast-Dungeness-Crab-Fishery-1980.
\7\P.L. 94-625
\8\Washington Fish and Wildlife, Recreational Crab Fishing,
accessed September 23, 2015, at http://wdfw.wa.gov/fishing/shellfish/
crab.
\9\16 U.S.C. Sec. 1801 et seq.
\10\P.L. 104-297
\11\P.L. 109-479
\12\16 U.S.C. Sec. 1856.
\13\P.L. 105-384 Section 203(g)
\14\Fishermen News, Domoic Danger Delays Dungeness, February 1,
2017, accessed April 23, 2017, at http://www.fishermensnews.com/story/
2017/02/01/features/domoic-danger-delays-dungeness/447.html.
\15\Id.
\16\R. Parsons, ``Toxic algae delays California's Dungeness crab
season,'' Los Angeles Times, November 5, 2015, at http://
www.latimes.com/food/dailydish/la-dd-dungeness-crab-season-delayed-
toxic-algae-20151105-story.html.
---------------------------------------------------------------------------
Summary of Provisions
This bill would allow Washington, Oregon, and California to
manage the Dungeness crab fishery permanently.
Legislative History
S. 61 was introduced on January 9, 2017, by Senator
Cantwell and is cosponsored by Senators Murkowski, Wyden,
Murray, Merkley, and Feinstein. A companion bill, H.R. 374,
was introduced on the same day by Representative Beutler. That
measure was cosponsored by Representatives Bonamici, DeFazio,
Huffman, Kilmer, and Thompson. That measure passed in the House
of Representatives on a vote of 388-0 and was received in the
Senate on January 31, 2017. On April 5, 2017, the Committee met
in open Executive Session and, by voice vote, ordered S. 61
reported favorably without amendment.
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. 61--A bill to remove the sunset provision of section 203 of Public
Law 105-384 and for other purposes
S. 61 would authorize Washington, Oregon, and California to
manage commercial fishing for Dungeness crabs in federal waters
adjacent to their states. Under prior law, the states had
managed such fishing under authority that expired on September
30, 2016. Under current law, the National Oceanic and
Atmospheric Administration (NOAA) is preparing to manage the
fishery during the next Dungeness crab season, which will begin
near the start of fiscal year 2018.
Based on an analysis of information provided by NOAA, CBO
estimates that NOAA will spend about $1 million a year
beginning in 2018 to hire 10 to 15 employees to carry out
administrative activities related to managing the fishery.
Under the bill, CBO expects that the three states would manage
the Dungeness crab fisheries largely at state expense.
Therefore, we estimate that implementing the bill would reduce
the need for discretionary appropriations by about $1 million a
year over the 2018-2022 period.
Enacting S. 61 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 2028.
S. 61 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 the States of Washington, California, and
Oregon to regulate their fisheries would be incurred
voluntarily.
The CBO staff contact for this estimate is Robert Reese.
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. 61 as reported would not create any new programs or
impose any new regulatory requirements, and therefore would not
subject any individuals or businesses to new regulations.
economic impact
S. 61 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 National Oceanic and
Atmospheric Administration 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. 61 would not increase paperwork requirements for either
the private or public sectors.
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. Dungeness Crab Fishery Management
This section would amend section 203 of the Act entitled
``An Act to approve a governing international agreement between
the United States and the Republic of Poland, and for other
purposes'' to strike the sunset clause under subsection (i).
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; 16 U.S.C. 1856 note]
SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND CALIFORNIA TO
MANAGE DUNGENESS CRAB FISHERY.
* * * * * * *
[(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]