[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5273 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5273
To improve fisheries stock assessments by incorporating eDNA, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Ms. Murkowski (for herself, Mr. Whitehouse, Mr. Sullivan, Mrs. Murray,
Mr. Merkley, Mr. King, Mr. Schiff, and Mr. Van Hollen) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve fisheries stock assessments by incorporating eDNA, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Science Modernization Act
of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) EDNA.--The term ``eDNA'' means DNA or genetic material
contained in samples of water or other environmental media.
(3) Fishery-independent.--The term ``fishery-independent''
means observations not taken in the course of pursuing
commercial fisheries activity.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) National aquatic biomolecular coordination network.--
The term ``National Aquatic Biomolecular Coordination Network''
means the National Aquatic Biomolecular Coordination Network
established by section 201.
(6) Native hawaiian organization.--The term ``Native
Hawaiian organization'' has the meaning given the term in
section 6207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517).
SEC. 3. CATEGORICAL EXCLUSION FOR WATER, AIR, AND SEDIMENT COLLECTION.
The collection of water, air, or sediment samples exclusively for
eDNA analysis shall not constitute a taking under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) or the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1361 et seq.).
TITLE I--IMPROVING FISHERIES STOCK ASSESSMENTS BY INCORPORATING eDNA
SEC. 101. PILOT STUDY ON USE OF EDNA IN STOCK ASSESSMENTS.
(a) In General.--The Administrator, acting through the National
Marine Fisheries Service, shall carry out a multi-year pilot study--
(1) to evaluate the applicability of eDNA-based abundance
estimation for a range of commercial fish stocks; and
(2) to validate the use of eDNA in Federal fishery stock
assessments.
(b) Locations.--The Administrator shall carry out the pilot study
required by subsection (a) in not less than 3 federally managed
fisheries representing diverse regions, diverse stock structures, or
areas with limited survey coverage.
(c) Elements.--In carrying out the pilot study required by
subsection (a), the Administrator shall--
(1) conduct comparisons of eDNA sampling and data from
existing fishery-independent survey approaches (such as trawl,
acoustic, longline, and optical systems);
(2) incorporate eDNA sampling into ongoing surveys to
evaluate the potential for cost reductions and reduced
uncertainty associated with stock assessments;
(3) integrate emerging technologies, as feasible, including
autonomous or artificial intelligence-enabled eDNA samplers or
processing platforms to increase survey efficiencies;
(4) evaluate and document the performance of eDNA-based
methods for each fishery in which the pilot study is conducted,
including the conditions under which eDNA could be used for
stock assessments and management decisions;
(5) engage with the partners described in subsection (d)
throughout study design, sampling, or analysis, as appropriate;
and
(6) ensure transparency by documenting sampling protocols,
laboratory workflows, reporting practices, and quality-
assurance and quality-control procedures used at each fishery.
(d) Partners.--The partners described in this subsection are--
(1) the Regional Fishery Management Councils established
under section 302(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a));
(2) the Marine Fisheries Commissions, as defined under
section 3(28) of the Magnuson-Stevens Fishery Conservation
Management Act (16 U.S.C. 1802(28));
(3) Indian Tribes, including Alaska Native Corporations,
Native Hawaiian organizations, and Native Pacific Islander
organizations in Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands;
(4) fishermen, including cooperative research partnerships;
(5) entities eligible to participate in the western Alaska
community development quota program established under section
305(i)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(i)(1));
(6) academic institutions and cooperative institutes;
(7) private-sector eDNA laboratories, service providers,
and technology developers; and
(8) State agencies and Federal agencies outside of the
National Oceanic and Atmospheric Administration.
(e) Annual Report.--Not less frequently than annually until the
pilot study required by subsection (a) concludes, the Administrator
shall submit to Congress a report describing--
(1) the activities, findings, and challenges of the pilot
study; and
(2) next steps.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 102. IMPLEMENTATION PLAN FOR EVALUATING AND INTEGRATING EDNA
METHODS IN FEDERALLY MANAGED FISHERIES.
(a) In General.--The Administrator shall develop an implementation
plan that builds on the results of the pilot study required under
section 101 to provide a structured pathway for evaluating and, where
appropriate, integrating eDNA methods in federally managed fisheries.
(b) Elements.--The implementation plan required by subsection (a)
shall include the following:
(1) A process and timeline for evaluating eDNA suitability
for fishery-independent abundance estimation in Federal stock
assessments.
(2) A prioritization framework for fisheries based on the
economic or subsistence importance of the fishery, the degree
to which eDNA may reduce uncertainty in assessments, the degree
to which the fishery is data deficient, and geographic
representation across all regions of the National Marine
Fisheries Service.
(3) An identification of workforce, vessel, laboratory, and
analytical capacity needs, including opportunities to
collaborate with private-sector or academic laboratories to
encourage private-sector investment and to avoid unnecessary
duplication.
(4) A plan for incorporating validated eDNA data into stock
assessment processes and methodologies, consistent with
scientific best practices and ongoing improvement initiatives
of the National Oceanic and Atmospheric Administration.
(5) Support for cooperative research with fishermen to
expand sampling opportunities and reduce operational costs.
(6) Ongoing engagement with partners described in section
101(d), as appropriate.
(7) Alignment with the national standards developed by the
National Aquatic Biomolecular Coordination Network under
section 201(d).
(8) An identification of opportunities to improve the
efficiency of surveys, expand the coverage of surveys, or
develop early indicators of ecosystem change, including
invasive species, in support of ecosystem-based approaches to
fisheries management.
(9) Appropriate safeguards for the use of genetic
information, including guidance on the use of genetic stock
identification.
(c) Report.--Not later than 2 years after the date on which the
pilot study required by section 101 begins, the Administrator shall
submit to Congress a report that summarizes the progress and efficacy
of eDNA implementation in Federal fishery management.
SEC. 103. FISHERIES WORKFORCE AND FIELD CAPACITY FOR EDNA-ENABLED STOCK
ASSESSMENTS.
(a) In General.--The Administrator shall expand the workforce and
field capacity of the National Marine Fisheries Service, in
coordination with other Line Offices of the National Oceanic and
Atmospheric Administration, to support the sampling and integration of
eDNA into fishery stock assessments.
(b) Activities.--In carrying out subsection (a), the Administrator
shall--
(1) train and deploy survey technicians to collect eDNA
samples during fishery-independent surveys;
(2) expand cooperative research partnerships with fishermen
to broaden spatial and temporal coverage of sample collection
and analysis, where feasible;
(3) develop field protocols aligned with the national
standards developed by the National Aquatic Biomolecular
Coordination Network under section 201(d);
(4) coordinate with the partners described in section
101(d) for cost-effective processing and sample analysis;
(5) support training for personnel of the National Marine
Fisheries Service in eDNA sample collection, handling, quality
assurance and quality control procedures, and modeling to
maintain core expertise in producing, interpreting, and
translating eDNA data into information useful for stock
assessments; and
(6) evaluate emerging technologies, including autonomous
eDNA samplers or processing platforms, to increase
methodological efficiencies.
SEC. 104. ROUTINE COLLECTION OF EDNA SAMPLES IN ONGOING SURVEYS.
(a) In General.--The Administrator shall incorporate, in accordance
with subsection (b), the routine collection of eDNA samples into
ongoing fishery surveys to the extent--
(1) such additional data improves fisheries assessments or
reduces costs; and
(2) does not disrupt core operations.
(b) Elements.--The collection of eDNA samples carried out under
subsection (a) shall--
(1) use standards or best practices developed by the
National Aquatic Biomolecular Coordination Network under
section 201(d);
(2) be integrated into existing surveys;
(3) support the development of long-term eDNA time series
across regions and fisheries;
(4) include robust archival bio- and data-repositories,
fisheries and ecosystem relevant reference voucher databases,
and end-to-end data management systems; and
(5) enable the evaluation of potential survey efficiencies
and expanded coverage of surveys at minimal additional cost.
SEC. 105. AMENDMENTS TO MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
(a) In General.--The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end
the following:
``SEC. 409. ENVIRONMENTAL DNA AND OTHER ENVIRONMENTAL NUCLEIC ACIDS-
BASED METHODS.
``The Secretary shall, to the extent practicable, incorporate
environmental DNA and other environmental nucleic acids-based methods
into fisheries research, fishery-independent surveys, stock
assessments, and ecosystem monitoring--
``(1) based on the best scientific information available;
and
``(2) guided by--
``(A) the implementation plan required by section
102 of the Fisheries Science Modernization Act of 2026;
and
``(B) the national standards developed by the
National Aquatic Biomolecular Coordination Network
under section 201(d) of that Act.''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Magnuson-Stevens Fishery Conservation and Management Act is amended
by adding at the end the following:
``Sec. 409. Environmental DNA and other environmental nucleic acids-
based methods.''.
TITLE II--ENHANCING UNITED STATES COMPETITIVENESS THROUGH eDNA
SEC. 201. NATIONAL AQUATIC BIOMOLECULAR COORDINATION NETWORK.
(a) Establishment.--There is established a coordinated, multi-
agency initiative, to be known as the ``National Aquatic Biomolecular
Coordination Network'' (in this section referred to as the
``Network''), to improve the reliability and operational use of eDNA
across freshwater, estuarine, coastal, and marine environments.
(b) Governance and Structure.--
(1) Lead agency.--The National Oceanic and Atmospheric
Administration shall serve as the lead agency of the Network.
(2) Co-chairs.--The Network shall be co-chaired by the
Administrator and a representative of the Office of Science and
Technology Policy.
(c) Participating Agencies.--The Network shall include one or more
representatives from each of the following:
(1) The National Oceanic and Atmospheric Administration.
(2) The United States Geological Survey.
(3) The Environmental Protection Agency.
(4) The United States Fish and Wildlife Service.
(5) The National Science Foundation.
(6) The Department of Agriculture and the Forest Service.
(7) The Office of Naval Research.
(8) The Bureau of Indian Affairs of the Department of the
Interior.
(9) The Smithsonian Institution.
(10) The Bureau of Ocean Energy Management.
(11) The National Institutes of Health.
(12) The National Aeronautics and Space Administration.
(13) The Council on Environmental Quality.
(14) The Regional Fishery Management Councils.
(15) The National Institute of Standards and Technology.
(16) Such other agencies as the co-chairs of the Network
may designate based on the roles of such agencies in aquatic or
environmental monitoring, scientific standard-setting, or
environmental review processes.
(d) Responsibilities.--The Network shall coordinate Federal eDNA-
related activities across the full aquatic continuum (including lakes,
rivers, reservoirs, estuaries, coastal waters, and offshore
environments), including by--
(1) developing national standards for the use of eDNA
across freshwater, estuarine, coastal, and marine environments;
(2) developing a standardized approach for eDNA sampling,
laboratory workflows, reporting practices, and analytical
consistency;
(3) ensuring agencies use compatible methods and data
formats, enabling eDNA results to be compared, combined, and
jointly analyzed across programs and regions;
(4) designating pilot testbeds across the National
Estuarine Research Reserve System, the National Estuary
Program, the National Ecological Observatory Network, the
National Aquatic Resource Surveys, the Integrated Ocean
Observing System, the National Science Foundation Long-Term
Ecological Research program, and other similar programs, to
evaluate and intercalibrate methods under diverse environmental
and operational conditions;
(5) establishing means of quality assurance and quality
control training, method verification, proficiency testing,
shared reference materials, and interagency calibration;
(6) coordinating with States, Indian Tribes, Native
Hawaiian organizations, Native Pacific Islander organizations
in Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands, and regional partners to ensure broad
applicability and uptake of national standards;
(7) developing open-access data practices with appropriate
protections for Tribal data sovereignty;
(8) identifying opportunities to reduce duplication,
integrate monitoring efforts, and align Federal investments in
DNA-based monitoring tools; and
(9) coordinating with existing national and international
frameworks, including observing systems, communities of
practice, and established data-sharing and delivery systems.
(e) Annual Meeting To Gather Information.--In addition to the
responsibilities described in section (d), the Network shall meet
annually to gather information on non-aquatic applications of eDNA and
eRNA methods, including sampling of terrestrial and atmospheric
environments.
(f) Annual Report.--
(1) In general.--Not less frequently than once each year,
the Administrator shall submit a performance report to the
Office of Science and Technology Policy.
(2) Elements.--Each report required by paragraph (1) shall
include the following:
(A) Progress on standards and protocols.
(B) Updates on interagency coordination.
(C) Results from testbeds and method validation.
(D) Recommendations for future research and
monitoring priorities.
(E) Identified gaps or resource needs.
(F) Identified non-aquatic applications of eDNA and
eRNA methods as described in section (e).
SEC. 202. RESEARCH, INNOVATION, AND TECHNOLOGY TRANSFER.
To support the development and operational use of reliable and
cost-effective eDNA tools, the Administrator, in coordination with the
agencies participating in the National Aquatic Biomolecular
Coordination Network, may carry out activities that--
(1) facilitate scientific advancement in eDNA methods,
including development of species detection markers, improved
field sampling tools, maintenance and expansion of genetic
reference libraries, and analytical workflows aligned with the
national standards developed by the National Aquatic
Biomolecular Coordination Network under section 201(d);
(2) encourage methodological innovation leveraging National
Oceanic and Atmospheric Administration ocean engineering
capabilities, including exploration, development, and testing
of autonomous, automated, or artificial intelligence-enabled
eDNA sampling technologies where those technologies may
increase the efficiency of surveys or reduce costs;
(3) support technological innovation in the detection of
DNA and RNA from environmental samples, including the tools,
informatics pipelines, and modeling that will be used for such
innovation;
(4) promote bidirectional technology transfer among Federal
agencies, academic researchers, Indian Tribes, Native Hawaiian
organizations, Native Pacific Islander organizations in Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands, and private-sector firms involved in sequencing,
sampling equipment, bioinformatics, and the provision of eDNA
services;
(5) develop and publish performance expectations, including
minimum reliability, repeatability, and quality assurance and
quality control requirements, to guide Federal procurement of
eDNA tools and services and support market entry by United
States innovators;
(6) ensure that research and innovation efforts support and
reflect the national standards and best practices developed
under section 201(d) for sampling, laboratory workflows,
metadata, and bioinformatics; and
(7) provide periodic updates to Congress, incorporated into
the annual reports required by section 201(f), summarizing
research progress, private-sector engagement, and remaining
scientific or operational gaps.
SEC. 203. STRENGTHENING THE CAPABILITIES OF THE LABORATORY AND
ANALYTICAL WORKFORCE.
(a) In General.--To ensure the National Oceanic and Atmospheric
Administration and Federal partners can effectively use eDNA and eDNA-
based monitoring tools while supporting the growth of United States
eDNA service providers, the Administrator, in coordination with the
National Aquatic Biomolecular Coordination Network, may carry out
activities that strengthen the capabilities of the laboratory and
analytical workforce of the National Oceanic and Atmospheric
Administration.
(b) Activities.--Activities carried out under subsection (a) may
include--
(1) supporting training programs and fellowships through
the national sea grant college program maintained under section
204(a) of the National Sea Grant College Program Act (33 U.S.C.
1123(a)) and other academic institutions to build expertise in
eDNA sampling, genomics, molecular ecology, and bioinformatics;
(2) establishing partnerships and cooperative agreements
with private-sector eDNA laboratories, equipment manufacturers,
bioinformatics firms, and technology developers--
(A) to facilitate technical skill transfer;
(B) to train personnel of the National Oceanic and
Atmospheric Administration to be informed and capable
clients;
(C) to ensure interoperability between public and
private workflows; and
(D) to develop fit-for-purpose uncrewed aquatic
sampling technologies;
(3) expanding the in-house laboratory capacity of the
National Oceanic and Atmospheric Administration--
(A) to receive and process samples at a basic
operational level;
(B) to support method development and benchmarking
aligned with the national standards developed by the
National Aquatic Biomolecular Coordination Network
under section 201(d); and
(C) to maintain internal quality assurance and
quality control expertise sufficient to verify vendor
performance;
(4) encouraging the National Oceanic and Atmospheric
Administration and partner agencies to contract with accredited
external laboratories and service providers for routine eDNA
sample processing, sequencing, and interpretation, when
feasible, cost-effective, and consistent with the national
standards developed by the National Aquatic Biomolecular
Coordination Network under section 201(d); and
(5) ensuring that any Federal workforce or laboratory
activities are fully interoperable with the national standards
and protocols developed by the National Aquatic Biomolecular
Coordination Network under section 201(d) for sampling,
reporting, and analytical consistency, supporting shared
reference materials, proficiency testing, and calibration
across Federal agencies and private partners.
<all>