I
105TH CONGRESS
2D SESSION
H. R. 3498
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to authorize the States of Washington, Oregon, and California to regulate
the Dungeness crab fishery in the exclusive economic zone.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1998
Mr. MILLER of California (for himself, Mr. BLUMENAUER, Mr. DEFAZIO, Ms.
FURSE, Ms. HOOLEY of Oregon, Mr. RIGGS, Mrs. LINDA SMITH of Wash-
ington, and Mr. YOUNG of Alaska) introduced the following bill; which
was referred to the Committee on Resources
A BILL
To amend the Magnuson-Stevens Fishery Conservation and
Management Act to authorize the States of Washington,
Oregon, and California to regulate the Dungeness crab
fishery in the exclusive economic zone.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Dungeness Crab Con-
servation and Management Act’’.
SEC. 2. AMENDMENT TO THE MAGNUSON-STEVENS FISH-
ERY CONSERVATION AND MANAGEMENT ACT.
Section 306 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1856) is
amended by adding at the end the following:
‘‘(d) AUTHORITY FOR MANAGEMENT OF DUNGENESS
CRAB.—(1) Subject to the provisions of this subsection
and notwithstanding subsection (a), each of the States of
Washington, Oregon, and California may adopt and en-
force 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 this Act.
‘‘(2) Any law or regulation adopted by a State under
this subsection for a Dungeness crab fishery—
‘‘(A) except as provided in subparagraph (B),
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;
‘‘(B) shall not apply to any fishing by a vessel
in exercise of tribal treaty rights; and
‘‘(C) shall include any provisions necessary to
implement tribal treaty rights pursuant to the deci-
sion in United States v. Washington, D.C. No. CV–
70–09213.
‘‘(3) Any law of the State of Washington, Oregon,
or California that establishes or implements a limited ac-
cess system for a Dungeness crab fishery may not be en-
forced 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.
‘‘(4) 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.
‘‘(5) Except as expressly provided in this subsection,
nothing in this subsection reduces the authority of any
State under this Act to regulate fishing, fish processing,
or landing of fish.’’.
SEC. 3. REPEAL.
Section 112(d) of Public Law 104–297 (16 U.S.C.
1856 note) is repealed.
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