U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–88 

Calendar No. 111 

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 

JUNE 5, 2017.—Ordered to be printed 


congress.#13
(II) 

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 Virginia TAMMY DUCKWORTH, Illinois 

CORY GARDNER, Colorado MARGARET WOOD HASSAN, New Hampshire 

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 

1 16 U.S.C. §1801 et seq. 

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, PuerVerDate Sep 11 2014 04:21 Jun 06, 2017 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR088.XXX SR088
2 

2Louisiana State Law, 2011, Senate Bill 145 Act No 366, at http://www.legis.la.gov/legis/ 

ViewDocument.aspx?d=760938. 3Pacific 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. 4PSMFC, Dungeness Crab Report 201, accessed September 23, 2015, at http://www.psmfc.org/ 

crab/2014-2015%20files/DUNGENESS%20CRAB%20REPORT201pdf. 5PSMFC, TSDC, accessed September 23, 2015, at http://www.psmfc.org/program/tri-state-dungeness-crab-tsdc. 6Fullerton, E.C., J. Donaldson, and G. Sandison, Memorandum of Understanding, accessed 

September 23, 2015, at https://www.scribd.com/doc/272105926/MOU-Pacific-Coast-DungenessCrab-Fishery-1980. 7P.L. 94–625 

8Washington Fish and Wildlife, Recreational Crab Fishing, accessed September 23, 2015, at 

http://wdfw.wa.gov/fishing/shellfish/crab. 9 16 U.S.C. §1801 et seq. 

10P.L. 104–297 11P.L. 109–479 12 16 U.S.C. §1856. 

to 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 

3 

13P.L. 105–384 Section 203(g) 14Fishermen 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-delayedtoxic-algae-20151105-story.html. 

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 Nin ̃ o.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. 

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. 

4 

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 

5 

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. 

* * * * * * * 

ø(i) SUNSET.—This section shall have no force or effect on and 

after September 30, 2016.¿ 

ø(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. 

Æ