S-759-119
Motion to reconsider laid on the table Agreed to without objection.
Sponsored by Ted Cruz (R-TX)
What it does
This bill would require the Secretary of Commerce to develop data standards and publish a public website with geographic data on fishing restrictions, recreational boating access, marine protected areas, and navigation information in the U.S. exclusive economic zone. It requires the data to be updated at least twice a year, with certain protected-area information updated in real time, and it exempts tribal waters and commercial fishing information from disclosure.
Who benefits
Recreational boaters, anglers, and divers who would gain a centralized source of information on where they can legally operate; nonprofit ocean and recreation groups; marine tourism and boating industry businesses that rely on customer access to federal waters; data science and geospatial technology firms that may contract with the government to build the system; coastal states and Regional Ocean Partnerships that gain a coordination platform.
Who is hurt
The Department of Commerce and National Marine Fisheries Service, which would bear implementation and ongoing maintenance costs; commercial fishing operations, whose proprietary data is protected but who may face indirect scrutiny from increased data transparency in adjacent recreational zones; Indian Tribes, whose usual and accustomed fishing areas are excluded from the mandate, potentially leaving gaps in the overall data picture for the public.
Supporters argue
Supporters argue that recreational boaters and fishermen currently must navigate a patchwork of agency websites and paper charts to determine where fishing restrictions or marine sanctuary rules apply, creating confusion, safety risks, and unintended violations. They contend that consolidating this geospatial data into one standardized, publicly accessible, and regularly updated website would improve safety, reduce accidental violations, and support the multi-billion-dollar recreational boating and fishing economy.
Opponents argue
Opponents argue that the bill creates new federal data-management obligations without dedicated funding, potentially straining the National Marine Fisheries Service's existing resources and delaying other priorities. They contend that the four-year implementation timeline and vague "maximum extent practicable" standards may result in incomplete or inconsistently updated data, giving the public a false sense of reliability while doing little to change actual fishing or navigation rules.
Constitutional context
Congress's authority to regulate fisheries and navigation in the exclusive economic zone rests on the Commerce Clause (Art. I, §8, cl. 3), and this bill is a data-transparency measure rather than a new regulatory scheme, so it does not alter existing fishing or navigation authority. The bill raises no substantial constitutional question beyond this enumerated power, as it explicitly disclaims any change to agency jurisdiction or tribal treaty rights.
Checks and balances
Congress directs the Secretary of Commerce (executive branch) to create data standards and a public website, with no new independent rulemaking or enforcement authority created, and existing agency and tribal jurisdiction over fisheries and navigable waters is expressly preserved.
Historical precedent
This bill resembles prior federal open-data and geospatial-transparency mandates, such as the Ocean and Coastal Mapping Integration Act, which similarly directed federal agencies to coordinate and publish mapping data.