S 759
Modernizing Access to Our Public Oceans Act
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Bill overview
This bill, the Modernizing Access to Our Public Oceans Act, aims to improve access to information about Federal waterways. It directs the Secretary of Commerce to create standardized data on recreational use and fishing restrictions, making this information publicly available through a website. The data will include details on waterway closures, restrictions on watercraft, and fishing regulations, with updates occurring at least twice yearly and in real-time for fishing restrictions.
Key provisions
- Develops standards for collecting and disseminating geospatial data on Federal waterways and fishing restrictions.
- Creates a public website to provide geographic information system data on waterway restrictions and access.
- Includes data on watercraft restrictions (motorboats, non-motorized crafts, etc.).
- Details restrictions on fishing, including zones, durations, and methods.
- Requires updates to data at least twice yearly and real-time for fishing restrictions.
- Establishes a process for public comment on the data and its accessibility.
- Authorizes collaboration with non-Federal entities like state agencies and private sector experts.
- Requires coordination with other federal agencies to ensure data compatibility.
Who is affected
- Recreational boaters and anglers
- Federal agencies (Department of Commerce, DOI, USDA, Coast Guard, etc.)
- State and Tribal governments
- Non-profit organizations
- The public
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsor
Angus S., Jr. King
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119th CONGRESS — 1st Session
S. 759
IN THE SENATE OF THE UNITED STATES
A BILL
To provide for the standardization, publication, and accessibility of data relating to public outdoor recreational use of Federal waterways, and for other purposes.
This Act may be cited as the Modernizing Access to Our Public Oceans Act
.
In this Act:
The term Federal fishing restriction area means a defined area in which all or certain fishing activities are temporarily or permanently banned or restricted by the National Oceanic and Atmospheric Administration.
The term Federal waterway means any portion of a body of water managed in part or in entirety by the Secretary.
The term Federal waterway restriction means a restriction on access to or use of a Federal waterway applied under applicable law by the Secretary.
The term Secretary means the Secretary of Commerce.
Not later than 31 months after the date of the enactment of this Act, the Secretary, in consultation with relevant stakeholders, shall develop and adopt standards with respect to the collection and dissemination of geospatial data relating to public outdoor recreational use of Federal waterways and Federal fishing restriction areas, including such data made available under section 4.
Not later than 4 years after the date of the enactment of this Act, the Secretary, to the maximum extent practicable, shall make available on a publicly accessible website geographic information system data that—
information with respect to the conditions under which Federal waterways are open or closed to entry, watercraft, low-elevation aircraft, or diving;
the areas of Federal waterways with restrictions on motorized propulsion, horsepower, or gasoline fuel;
the areas of Federal waterways with anchoring restrictions, no-wake zones, or vessel speed restrictions; and
the types of watercraft that are restricted on each area of a Federal waterway, including the permissibility of—
motorboats;
non-motorized watercraft;
personal watercraft;
airboats;
amphibious aircraft; and
oceangoing ships; and
describes—
the location and geographic boundaries of Federal fishing restriction areas, including—
any zones where, and periods when, fishing is limited under paragraphs (2), (3), and (4) of section 303(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(b));
full and partial closures, in terms of both area and duration, as well as seasonal closures;
no-catch zones; and
Federal fishing restrictions within or surrounding marine protected areas, including National Marine Sanctuaries; and
to the maximum extent practicable, restrictions imposed by the National Oceanic and Atmospheric Administration on method of catch, such as requirements relating to the use of circle hooks, descending devices, and trolling.
navigation information;
bathymetric information; and
depth charts.
The Secretary shall make the data described in paragraph (1) available on the website on which the Secretary makes the data described in subsection (a) available.
The Secretary shall ensure that the website on which the Secretary makes the data described in subsections (a) and (b) available—
The Secretary shall develop a process to allow members of the public to submit questions or comments regarding the data described in subsections (a) and (b) and the accessibility of that data under subsection (c).
The Secretary, to the maximum extent practicable, shall update—
the data described in subsections (a)(1) and (b) not less frequently than 2 times each year; and
the data described in subsection (a)(2) in real time as changes to Federal fishing restriction areas take effect.
The Secretary may not disclose, in any geographic information system data made publicly available under this section, information regarding the nature, location, character, or ownership of historic, paleontological, cultural, or archaeological resources, consistent with applicable law.
For purposes of carrying out this Act, the Secretary may—
coordinate and partner with non-Federal entities, including—
State agencies;
interstate marine fisheries commissions;
Regional Ocean Partnerships;
experts in data science, analytics, and operations research;
the private sector, including technology or geospatial data industries; and
nonprofit organizations; and
enter into agreements with experts described in subparagraph (D) of paragraph (1), or experts within entities described in subparagraph (A), (B), (C), (E), or (F) of that paragraph, to carry out any of the provisions of this Act.
The Secretary shall, to the maximum extent practicable, work with the relevant offices of the Department of the Interior, the Department of Agriculture, the Coast Guard, the Army Corps of Engineers, and the Interagency Working Group on Ocean and Coastal Mapping codified by section 12203 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3502) to ensure compatibility and interoperability among applicable Federal databases with respect to the collection and dissemination of geospatial data relating to public outdoor recreational use of Federal waterways and Federal fishing restriction areas.
The Secretary, in developing and distributing geospatial data under this Act, shall make clear that the data are subject to—
Nothing in this Act may be construed—
to modify or alter the definition of the term navigable waters under any provision of Federal law;
to affect the jurisdiction or authority of Federal or State agencies to regulate navigable waters; or
to increase or diminish the responsibility or authority of Federal or State agencies to manage fisheries.