S. 759 — Modernizing Access to Our Public Oceans Act

This section defines terms used in the Act, including (1) exclusive economic zone, as given in 46 U.S.C. §107; (2) fishing restriction, meaning a restriction on fishing in a federally managed fishery under 16 U.S.C. §1853(b)(2), such as a full or partial closure, no-catch zone, method-of-catch limit, or other restriction determined by the Secretary of Commerce; (3) Indian Tribe and Tribal organization, as given in 25 U.S.C. §5304; (4) Native Hawaiian organization, as given in 20 U.S.C. §7517, including the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs of Hawaii; (5) nonprofit organization, meaning an entity described in and tax-exempt under 26 U.S.C. §§501(c) and (a); (6) recreational vessel, as given in 46 U.S.C. §2101; and (7) Secretary, meaning the Secretary of Commerce.

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

This section directs the Secretary of Commerce, acting through the Director of the Office of Science and Technology of the National Marine Fisheries Service, to publish geographic information system (GIS) data on a publicly accessible website not later than four years after enactment concerning (1) fishing restrictions and areas open or closed to recreational boating, diving, and related activities in the exclusive economic zone (EEZ), including 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 vessels restricted; (3) geographic boundaries of fishing restriction areas; and (4) federal marine protected areas (e.g., National Marine Sanctuaries and national marine monuments) with authorized fishing, boating, and recreational activities. The section further requires the Secretary to (1) continue publishing digitized GIS data on EEZ navigation, bathymetry, depth charts, and related information on the same website to the extent practicable; (2) organize all data to be findable, accessible, interoperable, and reusable (FAIR) with user notifications for updates; (3) establish a public process for questions and comments on the data and its accessibility, plus methods to improve accessibility; (4) update data under subsection (a)(1) and (b) not less frequently than twice annually and data under subsection (a)(2) and (3) in real time; (5) withhold sensitive information such as locations of historic, cultural, or archaeological resources and proprietary commercial fishing data, consistent with law and policy; and (6) exclude Tribal waters and usual or accustomed fishing areas.

This section authorizes the Secretary to coordinate with and enter into agreements with specified non-Federal entities—including States, Indian Tribes, interstate commissions, Regional Ocean Partnerships (i.e., multi-state or tribal entities designated under 16 U.S.C. 1468 to coordinate ocean and coastal management), data experts, private sector entities, nonprofits, and institutions of higher education—to carry out the Act. The section directs the Secretary, to the maximum extent practicable, to collaborate 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. The section requires the Secretary, in developing and distributing geospatial data under the Act, to specify that such data are 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.