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

Federal law — U.S. Code and appendices · legal_authorities

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

**(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.

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Stable record: federal_law:legal_authorities:record_usc_efae5c32fc771a2c6d7eeb5d
Source file: Laws/federal/codes/united-states-code/title-46/section-10601-fishing-agreements--34e97b0ffc.md
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Source location: Title 46, Chapter 106, § 10601; chapter-106-fishing-voyages.md

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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](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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14302 — Measurement

**(a)** The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter and the Convention. **(b)** A vessel measured under this chapter may not be required to be measured under another law. **(c)** Unless otherwise provided by law, the measurement of a vessel under this chapter applies to a law of the United States whose applicability depends on a vessel’s tonnage, if that law— (1) becomes effective after July 18, 1994; or (2) is in effect before July 19, 1994, is not enumerated in [section 14305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section14305&num=0&edition=prelim), and is identified by the Secretary by regulation as a law to which this chapter applies.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14502 — Measurement

The Secretary shall measure a vessel to which this chapter applies in the way provided by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 14104 — Measurement to determine application of a law

**(a)** When the application of a law of the United States to a vessel depends on the vessel’s tonnage, the vessel shall be measured under this part. **(b)** If a statute allows for an alternate tonnage to be prescribed under this section, the Secretary may prescribe it by regulation. Any such regulation shall be considered to be an interpretive regulation for purposes of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). Until an alternate tonnage is prescribed, the statutorily established tonnage shall apply to vessels measured under chapter 143 or chapter 145 of this title. **(c)** The head of each Federal agency shall ensure that regulations issued by the agency that specify particular tonnages comply with the alternate tonnages implemented by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 10602 — Recovery of wages and shares of fish under agreement

**(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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10602

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Federal law — U.S. Code and appendices · legal_authorities

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

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

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