H.R. 4294

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4294 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
2d Session
H. R. 4294

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 18, 2026

Received; read twice and referred to the Committee on Commerce, 
Science, and Transportation

_______________________________________________________________________

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:

KEVIN F. MCCUMBER,

Clerk.