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[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 
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                          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]
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