[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4294 Engrossed in House (EH)]
<DOC>
119th CONGRESS
2d Session
H. R. 4294
_______________________________________________________________________
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.
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 ``Mitigation Action and Watermen
Support Act of 2026'' or the ``MAWS Act of 2026''.
SEC. 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.
Attest:
Clerk.
119th CONGRESS
2d Session
H. R. 4294
_______________________________________________________________________
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.