U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–260 

Calendar No. 477 

WEST COAST DUNGENESS CRAB 

MANAGEMENT ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1143 

MAY 23, 2016.—Ordered to be printed 


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(II) 

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 


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1 16 U.S.C. 1801 et seq. 

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 


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2Louisiana (State). 2011. Senate Bill 145 Act No 366. Available at: http://www.legis.la.gov/ 

legis/ViewDocument.aspx?d=760938 (accessed June 17, 2015). 3P.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. 6P.L. 96–561. 

7P.L. 104–208. 

8For each Council’s area of responsibility, see http://www.nmfs.noaa.gov/sfa/reglsvcs/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). 11PSMFC. ‘‘Tri-State Dungeness Crab (TSDC).’’ Available at http://www.psmfc.org/program/ 

tri-state-dungeness-crab-tsdc (accessed September 23, 2015). 12PSMFC. Dungeness Crab Report 2014. Available at: http://www.psmfc.org/crab/2014- 

2015%20files/DUNGENESS%20CRAB%20REPORT2014.pdf (accessed September23, 2015). 

nine nautical miles. In 2012, Louisiana claimed State jurisdiction 

out to over 10 nautical miles.2

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 States4 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 19806 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

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

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 


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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). 14Fullerton, 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). 15P.L. 94–625. Available at: http://www.gpo.gov/fdsys/pkg/PLAW-105publ384/pdf/PLAW105publ384.pdf (accessed September 23, 2015). 16Washington Fish and Wildlife. ‘‘Recreational Crab Fishing.’’ Available at: http:// 

wdfw.wa.gov/fishing/shellfish/crab/ (accessed September 23, 2015. 17P.L. 104–297 – Section 112(d). October 11, 1996. 18P.L. 109–479 – Section 302(e). January 12, 2007. 19P.L. 105–384 – Section 203(g). November 13, 1998. 20PSMFC. Pre-Season Testing Protocol for the Tri-State Coastal Dungeness Crab Commercial 

Fishery. Available at: http://www.psmfc.org/crab/2013lFINALlPreSeasonTestingProtocol.pdf 

(accessed September 23, 2015). 21Marine 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/ 

ODClV4lFinal-Reportl27Oct2010.pdf (accessed September 23, 2015). 

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

In 1980, the States of Washington, Oregon, and California entered into a memorandum of understanding14 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 fiveState 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. 

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

The States conduct pre-season meat pick-out testing20 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. 


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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-crabseason-delayed-toxic-algae-20151105-story.html (accessed November 9, 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 Nin ̃ o.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. 

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. 


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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. 


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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. 


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(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. 

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 


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