§10601 — Title 46 Shipping | U.S. Code

Summary

Owners, charterers, managing operators, or their representatives (including the master) must make a written fishing agreement with each seaman before a voyage if the vessel is at least 20 gross tons as measured under section 14502, or an alternate tonnage under section 14302 as prescribed by the Secretary under section 14104, and the voyage starts from a U.S. port. The written agreement must say how long it applies, describe the wage, share, or other pay terms specific to the fishery, and include any other agreed terms. If the vessel is a catcher processor or fish processing vessel with more than 25 crewmembers, the agreement must require at least three meals a day for each crewmember totaling at least 3,100 calories and include adequate water and minerals per the United States Recommended Daily Allowances.

Title 46, §10601

Shipping — Source: USLM XML via OLRC

(a)Before proceeding on a voyage, the owner, charterer, or managing operator, or a representative thereof, including the master or individual in charge, of a fishing vessel, fish processing vessel, or fish tender vessel shall make a fishing agreement in writing with each seaman employed on board if the vessel is—

(1)at least 20 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and

(2)on a voyage from a port in the United States.

(b)The agreement shall—

(1)state the period of effectiveness of the agreement;

(2)include the terms of any wage, share, or other compensation arrangement peculiar to the fishery in which the vessel will be engaged during the period of the agreement;

(3)in the case of a seaman employed on a vessel that is a catcher processor or fish processing vessel that employs more than 25 crewmembers, include a requirement that each crewmember shall be served not less than three meals a day that—

(A)total not less than 3,100 calories; and

(B)include adequate water and minerals in accordance with the United States Recommended Daily Allowances; and

(4)include other agreed terms.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1060146:531

Editorial Notes

Amendments

2022—Subsec. (b)(3), (4). Pub. L. 117–263 added par. (3) and redesignated former par. (3) as (4). 2002—Subsec. (a). Pub. L. 107–295, § 441(a), (b)(1), in introductory provisions, inserted “owner, charterer, or managing operator, or a representative thereof, including the” after “on a voyage, the” and comma after “individual in charge” and substituted “employed” for “enployed”. Subsecs. (b), (c). Pub. L. 107–295, § 441(b)(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “The agreement shall be signed also by the owner of the vessel.” 1996—Subsec. (a)(1). Pub. L. 104–324 inserted “as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title” after “20 gross tons”.

Statutory Notes and Related Subsidiaries

Agreements Deemed Compliant Pub. L. 107–295, title IV, § 441(c), Nov. 25, 2002, 116 Stat. 2131, as amended by Pub. L. 108–199, div. H, § 137(a), Jan. 23, 2004, 118 Stat. 442, provided that: “An agreement that complies with the requirements of section 10601(a) of title 46, United States Code, as herein amended, is hereby deemed to have been in compliance with subsections (a) and (b) of section 10601 of title 46, United States Code, as in effect prior to November 25, 2002.” [Pub. L. 108–199, div. H, § 137(b), Jan. 23, 2004, 118 Stat. 442, provided that: “The

Amendments

made by subsection (a) [amending section 441(c) of Pub. L. 107–295, set out above] apply to all proceedings pending on or commenced after the date of enactment of this Act [Jan. 23, 2004].” ]

§10601 Fishing Agreements

Summary

Title 46, §10601

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Amendments

Citations & Metadata