H.R. 3340 — Modernizing Access to Our Public Oceans Act

This section establishes definitions for terms used in the Act, including (1) exclusive economic zone, as defined in 46 U.S.C. §107; (2) fishing restriction, meaning a restriction on fishing in a federally managed fishery under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. §1853(b)(2)), such as a full or partial closure, no-catch zone, method restriction, or other limit determined by the Secretary; (3) Indian Tribe and Tribal organization, as defined in the Indian Self-Determination and Education Assistance Act (25 U.S.C. §5304); (4) Native Hawaiian organization, as defined in the Elementary and Secondary Education Act of 1965 (20 U.S.C. §7517), including the Department of Hawaiian Home Lands and Office of Hawaiian Affairs; (5) nonprofit organization, meaning a tax-exempt organization under IRC §§501(c) and 501(a); (6) recreational vessel, as defined in 46 U.S.C. §2101; and (7) Secretary, meaning the Secretary of Commerce.

This section directs the Secretary, in consultation with stakeholders including state and local governments, Indian Tribes, and Native Hawaiian organizations, to develop and adopt standards for coordinating and disseminating geospatial data on fishing restrictions, recreational vessel use of the exclusive economic zone, and access to federal waters by such vessels—including data made available under section 4—not later than 31 months after enactment.

This section requires the Secretary of Commerce, acting through the Director of the Office of Science and Technology of the National Marine Fisheries Service (NMFS), to make publicly available on a website, not later than four years after enactment, geographic information system (GIS) data on (1) fishing restrictions and areas open or closed to recreational boating, diving, and related activities in the exclusive economic zone (EEZ) (e.g., for safety reasons such as harmful algal blooms); (2) EEZ areas with restrictions on motorized propulsion, horsepower, or fuel for recreational vessels and the types of recreational vessels restricted in each area; (3) geographic boundaries of fishing restriction areas; and (4) federal marine protected areas (i.e., National Marine Sanctuaries, national marine monuments, and other federally protected waters), including authorized fishing, boating, and recreational activities therein. The section further requires the Secretary to (1) continue providing GIS data on EEZ navigation (including bathymetric information and depth charts) on the same website, to the extent practicable; (2) ensure all data is findable, accessible, interoperable, and reusable with user notifications for updates; (3) establish a public process for comments and questions to improve data accessibility; (4) update data under (a)(1) and (b) at least twice yearly and data under (a)(2)-(3) in real time; and (5) exclude disclosure of sensitive information such as archaeological resources and proprietary commercial fishing data, consistent with law and policy. The section specifies that these requirements do not apply to Tribal waters or usual and accustomed fishing areas.

This section authorizes the Secretary to coordinate and partner with nonfederal entities—including States, Indian Tribes, Native Hawaiian organizations, interstate commissions, Regional Ocean Partnerships (as defined in 16 U.S.C. 1468), data science experts, private sector entities, nonprofits, and institutions of higher education—to carry out the Act and enter into agreements with experts therein. It directs the Secretary, to the maximum extent practicable, to coordinate with specified federal offices and agencies—including those in the Departments of the Interior, Agriculture, Defense, Energy, the Environmental Protection Agency, the Coast Guard, the Army Corps of Engineers, and the Interagency Working Group on Ocean and Coastal Mapping—to ensure compatibility and interoperability of federal databases on geospatial data for public outdoor recreational use of the exclusive economic zone. It further requires the Secretary to specify that geospatial data developed and distributed under the Act remain subject to applicable federal, state, and tribal laws and regulations.

This section provides a rule of construction stating that nothing in the Act may be construed (1) to modify or alter the definition of navigable waters under any federal law; (2) to affect the jurisdiction or authority of federal or state agencies to regulate navigable waters; (3) to increase or diminish the responsibility or authority of federal or state agencies or Indian Tribes to manage fisheries under existing law; (4) to satisfy any requirement for government-to-government consultation with Indian Tribes or Native Hawaiian organizations; or (5) to affect or modify any treaty or other right of any Indian Tribe.