Page:United States Statutes at Large Volume 112 Part 5.djvu/695

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PUBLIC LAW 105-384—NOV. 13, 1998 112 STAT. 3453 (E) by amending the style of the heading and designation for each of sections 11 and 12 so as to conform to the style l6 USC 97lj, of the headings and designations of the other sections of that ^'^ik- Act; and (F) by striking "Magnuson Fishery" each place it appears 16 USC 971, and inserting "Magnuson-Stevens Fishery". 97lb, 97ld, 97le. (2) Section 3(b)(3)(B) of the Act of September 4, 1980 (Public Law 96-339; 16 U.S.C. 971i(b)(3)(B)), is amended by inserting "of 1975" after "Act". SEC. 203. AUTHORITY OF STATES OF WASHINGTON, OREGON, AND 16 USC 1856 CALIFORNIA TO MANAGE DUNGENESS CRAB FISHERY. 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 plem 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 Applicability. 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. (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 offish. (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