46 U.S.C. § 10601 — Fishing agreements

FEDERAL · 46 U.S.C. · Chapter 106

Fishing agreements

46 U.S.C. § 10601

Chapter106 — FISHING VOYAGES

This text of 46 U.S.C. § 10601 (Fishing agreements) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

46 U.S.C. § 10601.

Text

(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

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(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.

Tcw Special Credits v. Chloe Z Fishing Company, Inc. v. Juan Barandiaran Alfred Canepa Vjekoslav Gobin Jerko Kurtin Milarad Beader Dani Blaslov Boris Gobin Ivica Gobin Stiven Gobin Damir Koncurat Zoran Kurtin Oliver Svorcina Nejdelko Vitlov Ernes Gobin Dragan Blaslov Dragan Longin Niksa Zlencic, Plaintiffs-Intervenors-Appellees

129 F.3d 1330 (Ninth Circuit, 1997)

3 case citations

Elias Flores, Jose Toledo, and the Class of Similarly Situated Persons Who Worked Aboard the Factory Trawlers Ocean Rover, American Triumph, Northern Eagle, Northern Hawk, Northern Jaeger, and Katie Ann v. American Seafoods Company American Seafoods Company LLC Ocean Rover F/t American Triumph F/t Northern Eagle F/t Northern Hawk F/t Northern Jaeger F/t Katie Ann F/t, Their Engines, Tackle, Equipment, Appurtenances, Freights, and Cargo, in Rem, Elias Flores, Jose Toledo, and the Class of Similarly Situated Persons Who Worked Aboard the Factory Trawlers Ocean Rover, American Triumph, Northern Eagle, Northern Hawk, Northern Jaeger, and Katie Ann v. American Seafoods Company and American Seafoods Company Llc, Ocean Rover F/t American Triumph F/t Northern Eagle F/t Northern Hawk F/t Northern Jaeger F/t Katie Ann F/t, Their Engines, Tackle, Equipment, Appurtenances, Freights, and Cargo, in Rem, Elias Flores, Jose Toledo, and the Class of Similarly Situated Persons Who Worked Aboard the Factory Trawlers Ocean Rover, American Triumph, Northern Eagle, Northern Hawk, Northern Jaeger, and Katie Ann v. American Seafoods Company and American Seafoods Company Llc, Ocean Rover F/t American Triumph F/t Northern Eagle F/t Northern Hawk F/t Northern Jaeger F/t Katie Ann F/t, Their Engines, Tackle, Equipment, Appurtenances, Freights, and Cargo, in Rem

335 F.3d 904 (Ninth Circuit, 2003)

2 case citations

Michael Mcpherson v. Fishing Company Of Alaska

397 P.3d 161 (Court of Appeals of Washington, 2017)

2 case citations

Harper v. United States Seafoods Lp

278 F.3d 971 (Ninth Circuit, 2002)

1 case citations

North Point Trawlers, Inc. v. Ervin Sonny Streater

212 F. App'x 907 (Eleventh Circuit, 2006)

1 case citations

Acab v. Chenrosa, LLC

(S.D. California, 2024)

Seattle-First National Bank v. Roger Conaway Jared Kelley Randy Stuart Gregory Haynes, Plaintiffs-Intervenors-Appellees. St. Elias Ocean Products, Inc. v. Lady Lynne, Official No. 958807, Her Engines, MacHinery Appurtenances, Etc. And, Day Fisheries, Inc.

98 F.3d 1195 (First Circuit, 1996)

Jesse Fuller, App/cross-resp. v. Fishermen's Finest, Et Ano., Resp/cross-apps.

(Court of Appeals of Washington, 2016)

TCW Special Credits, Inc. v. F/V Kassandra Z

4 Am. Samoa 3d 154 (High Court of American Samoa, 2000)

Source Credit

History

(Pub. L. 100–424, §6(a), Sept. 9, 1988, 102 Stat. 1591; Pub. L. 104–324, title VII, §739, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 107–295, title IV, §441(a), (b), Nov. 25, 2002, 116 Stat. 2131; Pub. L. 117–263, div. K, title CXV, §11526, Dec. 23, 2022, 136 Stat. 4145.)

Editorial Notes

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]."]

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46 U.S.C. § 10601, Counsel Stack Legal Research, https://law.counselstack.com/usc/46/10601.