Modernizing Access to Our Public Oceans Act
What changed between versions
The bill's primary focus shifted from 'Federal waterways' (inland waters managed by the Secretary) to the 'exclusive economic zone' (offshore waters out to 200 nautical miles). All data publication, standardization, and navigation requirements now target the EEZ rather than inland Federal waterways.
New subsection 4(g) exempts all usual or customary Tribal fishing areas and Tribal waters from the Act's data authorities, meaning no geospatial data requirements apply to those waters.
Interagency coordination now includes the Department of Defense and the Department of Energy in addition to previously listed agencies (Interior, Agriculture, Coast Guard, Army Corps of Engineers).
Marine protected area identification was expanded to explicitly include 'national marine monuments' and 'other federally protected waters' in addition to National Marine Sanctuaries.
New definitions added for 'exclusive economic zone,' 'fishing restriction' (with detailed subcategories including closures, no-catch zones, method-of-catch restrictions), 'Indian Tribe,' 'Tribal organization,' 'Native Hawaiian organization,' 'nonprofit organization,' and 'recreational vessel.'
Definitions for 'Federal fishing restriction area,' 'Federal waterway,' and 'Federal waterway restriction' were removed entirely.
The nondisclosure provision was expanded to also protect 'commercial fishing information, including proprietary information' from public release in the geospatial data.
New rule-of-construction provisions state that the Act does not satisfy government-to-government consultation requirements with Indian Tribes or Native Hawaiian organizations, and does not affect or modify any treaty or other right of any Indian Tribe.
Data update frequency requirement was strengthened: the qualifier 'to the maximum extent practicable' was removed, making biannual updates and real-time updates mandatory rather than aspirational.
The list of community partners was expanded to include Indian Tribes, Native Hawaiian organizations, Tribal organizations, and institutions of higher education as entities the Secretary may coordinate with.
The website availability requirement for navigation data was softened from a flat 'shall make available' to 'to the extent practicable,' giving the Secretary more flexibility on that specific obligation.
