MAWS Act of 2026

Bill Number

H.R. 4294

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Public Lands and Natural Resources

Status

Passed House

Latest Action

2026-03-18: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

Last Updated

2026-06-11T23:26:40Z

AI-Generated Summary

Purpose of the Legislation

The Mitigation Action and Watermen Support Act of 2026 (MAWS Act) aims to address the invasive blue catfish population in the Chesapeake Bay Watershed by creating a temporary pilot program. This program encourages the purchase and processing of blue catfish caught by local watermen (fishermen), providing economic support to them while helping to reduce the environmental harm caused by this non-native species, which preys on native fish and disrupts the ecosystem.

Key Provisions

• Pilot Program Establishment: The Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), must create a two-year pilot program. Under this, NOAA will form cooperative agreements with "covered entities" (businesses that manufacture or process pet food, animal feed, or aquaculture feed) to buy blue catfish from watermen and seafood processors (businesses that prepare or package fish for sale).
• Purchasing Requirements: Covered entities must pay at least a minimum price per pound for the catfish, set by the Secretary based on market conditions, feedback from participants, and differences between fillets (edible meat) and byproducts (other parts like heads or bones). Up to 15% of the funds can cover transportation costs to processing facilities.
• Eligibility and Certifications: Watermen must certify that the catfish were caught in the Chesapeake Bay Watershed (covering parts of Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia). Seafood processors must certify they bought from eligible watermen. Applications from covered entities are reviewed by the Secretary.
• Data Collection and Monitoring:
• Within 180 days of enactment, the Secretary will seek a memorandum of understanding (MOU) with non-federal partners (Maryland, Virginia, and relevant research institutions) to gather data on blue catfish abundance.
• Annual public estimates of blue catfish numbers must be published starting September 30, 2027, through fiscal year 2032.
• Quarterly briefings to congressional committees (House Natural Resources and Senate Commerce, Science, and Transportation) on program progress.
• Reporting: Within 180 days after the pilot ends, the Secretary must submit a detailed report to Congress, including:
• Changes in blue catfish population size, diet, and spawning (reproduction) rates.
• Number and weight of catfish caught, effects on other species and the environment.
• Economic benefits to watermen (e.g., revenue from catfish vs. other fish).
• Market trends, processing practices, transportation methods, and policy recommendations for continuing or expanding the program (e.g., to invasive carp in the Mississippi River or other areas).
• Timeline and Guidance: The pilot starts in the fiscal year after the first abundance estimate is public and initial guidance is issued (within one year of enactment, in consultation with the Chesapeake Bay Program's Invasive Catfish Workgroup and other federal agencies).

Significant Changes to Existing Law

This act amends Section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d) by adding a new subsection (e) on the blue catfish pilot program and redesignating the existing subsection (e) as (f). It builds on NOAA's existing authorities for fishery management and disaster assistance but introduces a targeted, time-limited initiative focused on invasive species removal through commercial incentives, which was not previously specified in the law.

Potential Impacts

• Government Agencies: NOAA and the Department of Commerce will need to allocate resources for administration, data collection, partnerships, and reporting, potentially straining budgets without specified funding. This could enhance NOAA's role in invasive species management.
• Citizens: Watermen and seafood processors in the Chesapeake Bay region may see increased income from selling invasive catfish, supporting local economies in fishing-dependent communities. It promotes environmental cleanup by incentivizing the harvest of a harmful species, potentially benefiting recreational fishing, tourism, and native wildlife.
• International Relations: No direct impacts, as the program is limited to U.S. waters and domestic stakeholders.

Main Stakeholders Affected

• Watermen and Seafood Processors: Primary beneficiaries, gaining revenue opportunities from selling blue catfish.
• Covered Entities: Pet food, animal feed, and aquaculture feed manufacturers, who receive funds to purchase and process the fish.
• State Governments and Research Institutions: Maryland and Virginia, plus experts in blue catfish research, collaborate on data collection via the MOU.
• Federal Agencies: NOAA (under the Secretary of Commerce) leads implementation; congressional committees oversee progress.
• Broader Community: Chesapeake Bay residents and environmental groups, indirectly affected by reduced invasive species impacts.

Notable Legal, Constitutional, or Political Implications

• Legal: The act relies on NOAA's existing statutory powers for fishery programs, ensuring compliance through certifications and guidance. It mandates data sharing and reporting, which could set precedents for future invasive species initiatives but raises questions about funding sources (not detailed in the bill).
• Constitutional: Aligns with Congress's authority under the Commerce Clause to regulate interstate commerce and environmental resources, particularly in multi-state watersheds like the Chesapeake Bay.
• Political: Highlights bipartisan interest in regional environmental and economic issues, potentially influencing broader policies on invasive species (e.g., expansions to other rivers). The pilot's success could inform permanent programs, emphasizing public-private partnerships without mandating new regulations on fishing.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Elfreth, Sarah [D-MD-3]

Cosponsors (10)

Rep. Wittman, Robert J. [R-VA-1], Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Hoyer, Steny H. [D-MD-5], Rep. Ivey, Glenn [D-MD-4], Rep. McClain Delaney, April [D-MD-6], Rep. Olszewski, Johnny [D-MD-2], Rep. Mfume, Kweisi [D-MD-7], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Maloy, Celeste [R-UT-2], Rep. Gosar, Paul A. [R-AZ-9]

Recent Actions

• 2026-03-18: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
• 2026-03-17: Motion to reconsider laid on the table Agreed to without objection.
• 2026-03-17: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 320 - 66 (Roll no. 88). (Roll call 88)
• 2026-03-17: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 320 - 66 (Roll no. 88). (Roll call 88)
• 2026-03-17: Considered as unfinished business. (consideration: CR H2545)
• 2026-03-16: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
• 2026-03-16: DEBATE - The House proceeded with forty minutes of debate on H.R. 4294.
• 2026-03-16: Considered under suspension of the rules. (consideration: CR H2516-2519; text: CR H2516-2517)
• 2026-03-16: Mr. Wittman moved to suspend the rules and pass the bill, as amended.
• 2026-02-23: Placed on the Union Calendar, Calendar No. 436.
• 2026-02-23: Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-510.
• 2026-02-23: Reported (Amended) by the Committee on Natural Resources. H. Rept. 119-510.
• 2026-01-22: Ordered to be Reported in the Nature of a Substitute (Amended) by Unanimous Consent.
• 2026-01-22: Committee Consideration and Mark-up Session Held
• 2026-01-22: Subcommittee on Water, Wildlife and Fisheries Discharged

Bill Versions

• Mitigation Action and Watermen Support Act of 2026 — issued 2026-03-17 — PDF (16 pages)
• Mitigation Action and Watermen Support Act of 2025 — issued 2025-07-07 — PDF (10 pages)
• Mitigation Action and Watermen Support Act of 2026 — issued 2026-03-18 — PDF (14 pages)
• Mitigation Action and Watermen Support Act of 2026 — issued 2026-02-23 — PDF (16 pages)