S. 759 — Modernizing Access to Our Public Oceans Act

This section defines terms used in the Act, including exclusive economic zone, fishing restriction (covering full or partial closures, no-catch zones, method restrictions, and other limits in federally managed fisheries), Indian Tribe, Tribal organization, Native Hawaiian organization (including the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs), nonprofit organization, recreational vessel, and Secretary of Commerce.

This section requires the Secretary, in consultation with 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, including data made available under section 4, within 31 months of enactment.

This section requires the Secretary, acting through the Director of the Office of Science and Technology of the National Marine Fisheries Service, to publish geographic information system data on a publicly accessible website within 4 years after enactment. The data must cover fishing restrictions and areas open or closed to recreational boating and diving in the exclusive economic zone (including for harmful algal blooms), restrictions on vessel propulsion or horsepower, geographic boundaries of restricted areas, and federal marine protected areas with authorized activities. It directs continued publication of navigation, bathymetric, and depth chart data on the same site; requires the data to meet findable, accessible, interoperable, and reusable standards with an update mechanism; mandates a public comment process; requires updates twice per year or in real time; prohibits disclosure of historic resources or commercial fishing information; and exempts Tribal waters and usual fishing areas.

This section authorizes the Secretary to coordinate and enter agreements with states, Indian Tribes, Native Hawaiian organizations, Regional Ocean Partnerships, data experts, the private sector, nonprofits, and institutions of higher education to implement the Act. It requires coordination with the Departments of the Interior, Agriculture, Defense, and Energy, the EPA, Coast Guard, Army Corps of Engineers, and the Interagency Working Group on Ocean and Coastal Mapping to ensure interoperability of federal databases on geospatial data for public recreational use of the exclusive economic zone. It directs the Secretary to clarify that the data remain subject to applicable federal, state, and tribal laws.

This section provides that the Act may not be construed to modify the definition of navigable waters under Federal law, affect Federal or State jurisdiction to regulate navigable waters, alter the authority of Federal or State agencies or Indian Tribes to manage fisheries, satisfy any government-to-government consultation requirement with Indian Tribes or Native Hawaiian organizations, or affect any treaty or other right of an Indian Tribe.