Freedom to Fish Act 2013

U.S. Senate Bill 982 was introduced on May 16, 2013 by Senator Lamar Alexander to enact the “Freedom to Fish Act” and signed into law less than one month later without amendments to the bill as Public Law 113-13.

The Freedom to Fish Act requires the Chief of the Army Corps of Engineers (“Chief”) to: (1) cease implementing and enforcing, until two years after enactment of this Act, any restricted area for hazardous waters at dams and other civil works structures in the Cumberland River Basin that the Chief established or modified between August 1, 2012, and the day before the enactment of this Act; and (2) remove any permanent physical barriers constructed in connection with such area.

U.S. Senate Bill 982 also requires the Chief, before establishing any such restricted area after this Act’s enactment, to: (1) ensure that any restrictions are based on operational conditions that create hazardous waters, and (2) publish and seek and consider public comment on a draft describing the restricted area.

The bill also prohibits the Chief from: (1) implementing or enforcing the restricted area until two years after this Act’s enactment, or (2) taking any action to establish a permanent physical barrier in connection with such area. (This part of the bill excludes the installation and maintenance of measures for alerting the public of hazardous water conditions as such a permanent physical barrier.)

The Freedom to Fish Act makes enforcement of a restricted area the sole responsibility of the state in which such area is located.

Finally, U.S. Senate Bill 982 prohibits the Chief from assessing any penalty for entering a restricted area of public park and recreational facilities at water resource development projects.

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