H.R. 4294

119 HR 4294 EH: Mitigation Action and Watermen Support Act of 2026
 U.S. House of Representatives
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 IB
 119th CONGRESS  2d Session
 H. R. 4294
 IN THE HOUSE OF REPRESENTATIVES
 AN ACT
To direct the Secretary of Commerce to establish a pilot program with respect to the sale of blue catfish caught within the Chesapeake Bay Watershed.
1.
Short title
This Act may be cited as the   Mitigation Action and Watermen Support Act of 2026   or the   MAWS Act of 2026  .
2.
Blue catfish pilot program
Section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( 15 U.S.C. 1511d ) is amended—
(1)
by redesignating subsection (e) as subsection (f); and
(2)
by inserting after subsection (d) the following:
(e)
Blue catfish pilot program
(1)
In general
The Secretary, utilizing and coordinating with applicable programs and activities described in subsection (b)(3), shall carry out a pilot program to enter into cooperative agreements with covered entities for such covered entities to purchase, in accordance with paragraph (3)—
(A)
from watermen, blue catfish caught within the Chesapeake Bay Watershed by such watermen; and
(B)
from seafood processors, such blue catfish purchased by seafood processors from such watermen.
(2)
Applications
To be eligible to enter into a cooperative agreement under the pilot program, a covered entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.
(3)
Use of amounts
A covered entity that enters into a cooperative agreement under the pilot program—
(A)
shall use any amounts awarded under such cooperative agreement to purchase blue catfish from watermen or seafood processors for at least the amount determined by the Secretary under paragraph (5); and
(B)
may use not more than 15 percent of such amounts to offset the cost to transport such blue catfish to manufacturing or processing facilities.
(4)
Waterman and seafood processor eligibility
To be eligible to sell a blue catfish under the pilot program to a covered entity that enters into a cooperative agreement under the pilot program—
(A)
a waterman shall certify to such covered entity that the waterman caught the blue catfish within the Chesapeake Bay Watershed; and
(B)
a seafood processor shall certify to such covered entity that the seafood processor purchased the blue catfish from a waterman who caught the blue catfish within the Chesapeake Bay Watershed.
(5)
Determination of minimum purchase amount
With respect to blue catfish sold by watermen or seafood processors under the pilot program, the Secretary shall determine the minimum price per pound, taking into consideration—
(A)
market factors;
(B)
feedback from watermen, seafood processors, and covered entities that participate in the pilot program, if available; and
(C)
differentiation of price points for fillet and byproduct.
(6)
Abundance baseline
(A)
Memorandum of understanding
Not later than 180 days after the date of the enactment of this subsection, the Secretary shall seek to enter into a memorandum of understanding with eligible non-Federal partners—
(i)
to compile existing non-Federal data necessary for the Secretary—
(I)
to develop under subparagraph (B) an estimate of the abundance of blue catfish in the Chesapeake Bay Watershed; and
(II)
to provide the information described in subparagraphs (A) through (D) of paragraph (7) in the report required under that paragraph; and
(ii)
to adjust the collection by such eligible non-Federal partners of relevant data such that such data can be used as described in subclauses (I) and (II) of clause (i).
(B)
Abundance estimates
Not later than September 30, 2027, and annually thereafter through fiscal year 2032, the Secretary shall develop, pursuant to the memorandum of understanding described in subparagraph (A), and make publicly available on the website of the National Oceanic and Atmospheric Administration an estimate of the abundance of blue catfish in the Chesapeake Bay Watershed.
(7)
Report
Not later than 180 days after the date on which the pilot program terminates in accordance with paragraph (9), the Secretary shall submit to Congress a report regarding the pilot program, including the following information:
(A)
A summary of available information regarding the size and spawning stock biomass of the blue catfish population in the Chesapeake Bay Watershed prior to and at the conclusion of the pilot program, using the most recent data available.
(B)
A summary of available data regarding the size distribution and diet of the blue catfish population in the Chesapeake Bay Watershed during and at the conclusion of the pilot program.
(C)
The number of blue catfish and the amount of blue catfish (measured in pounds) caught by watermen who participate in the pilot program during the pilot program.
(D)
The effects of the pilot program on species other than the blue catfish in and the environment of the Chesapeake Bay Watershed, to the extent known.
(E)
The economic effect of the pilot program on watermen who participate in the pilot program, including—
(i)
the revenue generated by each such waterman by selling blue catfish under the pilot program; and
(ii)
catch data with respect to and revenue generated from other species fished by such watermen during the pilot program.
(F)
The market response to the pilot program, including—
(i)
the total amount awarded under the pilot program to covered entities that enter into cooperative agreements under the pilot program; and
(ii)
trends in the types of such covered entities.
(G)
With respect to the manufacturing or processing practices of each covered entity that enters into a cooperative agreement under the pilot program, information regarding whether each such covered entity—
(i)
uses internal or third-party manufacturers or processors;
(ii)
uses, for each type of food product produced by the covered entity, whole fish, fillet, or byproduct; and
(iii)
if the covered entity uses only part of the fish, sells the remainder to third parties.
(H)
How each covered entity that enters into a cooperative agreement under the pilot program transports blue catfish purchased by the covered entity, including—
(i)
whether the covered entity freezes such blue catfish;
(ii)
how often the covered entity picks up such blue catfish; and
(iii)
whether the covered entity uses a seafood transport company that is local to the Chesapeake Bay Watershed.
(I)
Policy recommendations regarding—
(i)
the continuation of the pilot program in the Chesapeake Bay Watershed; and
(ii)
the expansion of the pilot program to other watersheds, including—
(I)
best practices;
(II)
specific recommendations regarding invasive species of carp in the Mississippi rivershed;
(III)
with respect to other invasive aquatic species and watersheds that may benefit from the pilot program; and
(IV)
other strategies with respect to the mitigation of aquatic invasive species for Congress to consider piloting.
(J)
Additional data necessary for Congress to shape related policy, including—
(i)
data—
(I)
the Secretary was unable to collect; or
(II)
is not collected by eligible non-Federal partners; and
(ii)
recommendations for congressional action to support the collection of relevant data sets.
(8)
Briefings
Not later than 90 days after the date of the enactment of this subsection and quarterly thereafter until the date on which the pilot program terminates in accordance with paragraph (9), the Secretary shall provide to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate briefings on the status of the implementation of this subsection.
(9)
Duration
(A)
In general
The Secretary shall carry out the pilot program during the 2-year period that begins on the first day of the fiscal year immediately following the later of the fiscal year in which the Secretary—
(i)
first makes publicly available the first abundance estimate under paragraph (6); and
(ii)
issues guidance under subparagraph (B).
(B)
Criteria
Not later than 1 year after the date of the enactment of this subsection, the Secretary, in consultation with the Chesapeake Bay Program Invasive Catfish Workgroup and the heads of relevant Federal agencies with experience administering similar programs, shall issue guidance for the pilot program.
(10)
Definitions
In this subsection:
(A)
Animal feed
The term  animal feed —
(i)
means an article that is intended for use—
(I)
for food for an animal other than man; and
(II)
as a substantial source of nutrients in the diet of such an animal; and
(ii)
is not limited to a mixture intended to be the sole ration of such an animal.
(B)
Aquaculture feed
The term  aquaculture feed —
(i)
means an article that is intended for use—
(I)
for food for an aquacultural species, including any species of finfish, mollusk, crustacean (or other aquatic invertebrate), amphibian, reptile, ornamental fish, or aquatic plant that is propagated and reared in a controlled or selected environment; and
(II)
as a substantial source of nutrients in the diet of such an aquacultural species; and
(ii)
is not limited to a mixture intended to be the sole ration of such an aquacultural species.
(C)
Blue catfish
The term  blue catfish  means the species Ictalurus furcatus.
(D)
Chesapeake Bay Watershed
The term  Chesapeake Bay Watershed  means the region that covers—
(i)
the Chesapeake Bay;
(ii)
the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and
(iii)
the District of Columbia.
(E)
Covered entity
The term  covered entity  means a person engaged in the business of manufacturing or processing—
(i)
pet food;
(ii)
animal feed; or
(iii)
aquaculture feed.
(F)
Eligible non-Federal partner
The term  eligible non-Federal partner  means—
(i)
Maryland;
(ii)
Virginia; and
(iii)
research institutions, including research institutions with expertise in—
(I)
blue catfish research in the Chesapeake Bay Watershed; or
(II)
acting in coordination with the Invasive Catfish Workgroup of the Chesapeake Bay Program.
(G)
Pilot program
The term  pilot program  means the pilot program established under paragraph (1).
(H)
Seafood processor
The term  seafood processor  means a person engaged in the business of preparing or packaging fish or fish products (including fish harvested by the processor) for sale.
(I)
Secretary
The term  Secretary  means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.
 .
     Passed the House of Representatives March 17, 2026.  Kevin F. McCumber,  Clerk.