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46 U.S.C. § 10602 — Recovery of wages and shares of fish under agreement
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When fish caught under an agreement under [section 10601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10601&num=0&edition=prelim) are delivered to the owner of the vessel for processing and are sold, the vessel is liable in rem for the wages and shares of the proceeds of the seamen. An action under this section must be brought within six months after the sale of the fish.
**(b)**
(1) In an action under this section, the owner shall produce an accounting of the sale and division of proceeds under the agreement. If the owner fails to produce the accounting, the vessel is liable for the highest value alleged for the shares.
(2) The owner may offset the value of general supplies provided for the voyage and other supplies provided the seaman bringing the action.
**(c)** This section does not affect a common law right of a seaman to bring an action to recover the seaman’s share of the fish or proceeds.
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Stable record: federal_law:legal_authorities:record_usc_6aa80cedc7d0344468b7a227
Source file: Laws/federal/codes/united-states-code/title-46/section-10602-recovery-of-wages-and-shares-of-fish-under-agreement--bd5d0b92a5.md
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Source location: Title 46, Chapter 106, § 10602; chapter-106-fishing-voyages.md
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**(a)** When fish caught under an agreement under [section 10601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10601&num=0&edition=prelim) are delivered to the owner of the vessel for processing and are sold, the vessel is liable in rem for the wages and shares of the proceeds of the seamen. An action under this section must be brought within six months after the sale of the fish.
**(b)**
(1) In an action under this section, the owner shall produce an accounting of the sale and division of proceeds under the agreement. If the owner fails to produce the accounting, the vessel is liable for the highest value alleged for the shares.
(2) The owner may offset the value of general supplies provided for the voyage and other supplies provided the seaman bringing the action.
**(c)** This section does not affect a common law right of a seaman to bring an action to recover the seaman’s share of the fish or proceeds.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14502&num=0&edition=prelim), or an alternate tonnage measured under [section 14302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14302&num=0&edition=prelim) as prescribed by the Secretary under [section 14104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14104&num=0&edition=prelim); 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10601
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Federal law — U.S. Code and appendices · legal_authorities
Page 188
TITLE 46—SHIPPING
§ 10509
Editorial Notes
AMENDMENTS
1993—Subsec. (b). Pub. L. 103–206 substituted ‘‘not
more than $5,000’’ for ‘‘$20’’.
§ 10509. Penalty for failing to begin voyage
(a) A seaman who fails to be on board at the
time contained in the agreement required by
section 10502 of this title, without having given
24 hours’ notice of inability to do so, shall for-
feit, for each hour’s lateness, one-half of one
day’s pay to be deducted from the seaman’s
wages if the lateness is recorded in the official
logbook on the date of the violation.
(b) A seaman who does not report at all or sub-
sequently deserts forfeits all wages.
(c) This section does not apply to a fishing or
whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 572.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
10509 ............................................
46:576
This section provides for a reduction in the wages of
seamen who arrive late for voyages, if their late arrival
is noted in the official logbook. It does not apply to
fishing vessels, whaling vessels or yachts.
CHAPTER 106—FISHING VOYAGES
Sec.
10601.
Fishing agreements.
10602.
Recovery of wages and shares of fish under
agreement.
10603.
Seaman’s duty to notify employer regarding
illness, disability, and injury.
§ 10601. Fishing agreements
(a) Before proceeding on a voyage, the owner,
charterer, or managing operator, or a represent-
ative thereof, including the master or individual
in charge, of a fishing vessel, fish processing ves-
sel, or fish tender vessel shall make a fishing
agreement in writing with each seaman em-
ployed on board if the vessel is—
(1) at least 20 gross tons as measured under
section 14502 of this title, or an alternate ton-
nage m
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 10602
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.