49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–274 

WEST COAST DUNGENESS CRAB MANAGEMENT ACT 

SEPTEMBER 30, 2015.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2168] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2168) to make the current Dungeness crab fishery management regime permanent and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 2168 is to make the current Dungeness crab 

fishery management regime permanent. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2168 continues a successful, state-led fishery conservation 

program at no federal expense, while providing domestic seafood 

supplies and the jobs associated with that industry. 

The Dungeness crab is a species native to the Pacific Ocean, with 

habitat stretching from Alaska to Mexico. Commercial and recreational harvest of the crab supports one of the West coast’s most 

valuable fisheries with about 99% of the crab on the U.S. market 

coming from domestic sources. According to the National Oceanic 

and Atmospheric Administration (NOAA), crab harvests off California, Oregon, and Washington have maintained a cyclical pattern 

for nearly 50 seasons, ranging from 8 million to 54 million pounds. 

The harvests peak approximately every ten years. 

H.R. 2168 continues a lengthy history of state-managed crab fisheries. With the creation of regional fishery management councils 

pursuant to the Magnuson-Stevens Fishery Conservation and ManVerDate Sep 11 2014 00:29 Oct 02, 2015 Jkt 049006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR274.XXX HR274

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agement Act of 1976 (16 U.S.C. et seq.), the Pacific Fishery Management Council considered putting the Dungeness crab fishery 

under federal management. However, according to testimony submitted to the House Resources Committee from then-Deputy Assistant Administrator for Fisheries, Mr. David Evans, ‘‘Council 

members decided that the diverse and urgent management needs 

of the salmon and groundfish fisheries were more than enough for 

the young council to coordinate.’’ As a result, the States of Washington, California, and Oregon entered into a Memorandum of Understanding in 1980 to take ‘‘mutually supportive actions’’ to manage the fishery within their respective state waters (0–3 nautical 

miles from shore) as well as in the adjacent federal waters (3–200 

nautical miles from shore). The three states manage the commercial and recreational fishery under this tri-state process. 

The 1996 reauthorization of the Magnuson-Stevens Act recognized the three-state agreement by granting a one year authorization (Public Law 104–297). Since the initial one year interim program, the tri-state management authority has been extended three 

times, the most recent being a ten year extension of the management authority in 2007 (Public Law 109–479). The current authorization for the tri-state management authority expires on September 30, 2016. The Secretary of Commerce reserves the right 

under Public Law 105–384 to implement a federal fishery management plan, effectively allowing federal management of the crab 

fishery in federal waters. 

In lieu of formal annual stock assessments—as would be required 

under a federal fishery management plan—the states conduct population tests and processes to determine season opening dates. 

Each of the 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 are retainable 

and must measure at least 6.25 inches at the shortest distance 

across the back of the shell. This size limit is intended to protect 

some sexually mature male crabs from harvest. 

In light of the lengthy and successful state-led management of 

the crab fishery, H.R. 2168 amends Public Law 105–384 by striking 

the sunset provision for the tri-state Dungeness crab management 

regime, making the management authority permanent. 

COMMITTEE ACTION

H.R. 2168 was introduced on April 30, 2015, by Congresswoman 

Jaime Herrera Beutler (R–WA). The bill was referred to the Committee on Natural Resources, and within the Committee to the 

Subcommittee on Water, Power and Oceans. The Subcommittee 

held a hearing on July 23, 2015. On September 9, 2015, the Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. No amendments 

were offered and on September 10, 2015, the bill was ordered favorably reported to the House of Representatives by unanimous consent. 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2168—West Coast Dungeness Crab Management Act 

H.R. 2168 would allow 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 esti- mates 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. 

H.R. 2168 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. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. The Congressional Budget Office estimates that 


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implementing the legislation would ‘‘reduce the need for discretionary appropriations (and associated spending) by $1 million a 

year over the 2017–2020 period.’’ 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to make the current Dungeness crab fishery management regime permanent. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, 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 matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

ACT OF NOVEMBER 13, 1998 

(Public Law 105-384) 

AN ACT To approve a governing international fishery agreement between the 

United States and the Republic of Poland, and for other purposes. 

* * * * * * * 

TITLE II—MISCELLANEOUS FISHERIES 

PROVISIONS 

* * * * * * * 


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SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND 

CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY. 

(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) REQUIREMENT 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 fora 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) REPEAL.—Section 112(d) of Public Law 104–297 (16 

U.S.C.1856 note) is repealed. 

(h) DEFINITIONS.—The definitions set forth in section 3 of the 

Magnuson-Stevens Fishery Conservation and Management Act 

(16U.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.¿ 


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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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