46 U.S.C. § 10601

Fishing agreements

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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.(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.)

Historical and Revision Notes
Revised section	Source section (U.S. Code)
10601	46:531

Editorial NotesAmendments

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 SubsidiariesAgreements 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].” ]

Notes of Decisions

Cited in 35 cases (5 in the last 5 years), 1993–2024 · leading case: Doyle v. Huntress, Inc.

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Doyle v. Huntress, Inc. (2005) ca1 · cites it 6× “§ 11107 , and the liability provisions of 46 U.S.C. § 10601 . We hold that it does.”

Doyle v. Huntress, Inc. (2004) rid · cites it 9× “, alleging that these corporations failed to provide the Plaintiff seamen with written contracts prior to proceeding on several fishing voyages, as required by 46 U.S.C. § 10601 (1988). Plaintiffs claim statutory damages under a companion statute, 46 U.”

Miller v. Arctic Alaska Fisheries Corp. (1997) wash · cites it 7× “At issue on appeal are the interpretation and application of ER 904 to various medical opinion letters, the resolution of the seaman’s unseaworthiness claim as a matter of law, resolution of the seaman’s contract claims under 46 U.S.C. § 10601 , and whether substantial evidence…”

Miller v. Arctic Alaska Fisheries Corp. (1997) wash · cites it 7× “At issue on appeal are the interpretation and *1007 application of ER 904 to various medical opinion letters, the resolution of the seaman's unseaworthiness claim as a matter of law, resolution of the seaman's contract claims under 46 U.S.C. § 10601 , and whether substantial…”

Bjornsson v. U.S. Dominator, Inc. (1993) alaska · cites it 8× “On appeal, Bjornsson argues that the superior court erred in not applying 46 U.S.C. § 10601 which requires that fishing compensation arrangements be made in writing in order to be effective.”

Flores v. American Seafoods Co. (2003) ca9 · cites it 9× “When the events occurred that gave rise to-this litigation, the applicable statute, 46 U.S.C. § 10601 (a) (2000), provided simply that a “fishing agreement” must be “in writing” if the fishing vessel met other statutory requirements that are not in dispute here.”

Doyle v. Huntress, Inc. (2008) ca1 · cites it 5× “§ 11107 , where the claims are meant both to compensate and to encourage compliance with the requirement in 46 U.S.C. § 10601 that the seamen be given pre-trip written agreements.”

Harper v. United States Seafoods LP (2002) ca9 · cites it 9× “46 U.S.C. § 10601 . Although the predecessor statute dates from the late 1770s, surprisingly, this is a question of first impression in the Ninth Circuit.”

Krossa v. All Alaskan Seafoods, Inc. (2001) alaska “46 U.S.C. § 10601 requires written contracts for fishing vessels on voyages from United States ports.”

Day v. American Seafoods Co. (2009) ca9 · cites it 2× “2 ASC complied by reaching a written agreement with O’Neal that stated prominently that “the term of this Contract Period is agreed to be for one (1) trip.” The agreement defined “trip” as one fishing voyage, from the time the seaman reports to the vessel to the time the catch…”

Doyle v. Huntress, Inc. (2007) rid · cites it 4× “In their complaint, Plaintiff crewmen allege that, during the years 1993 through 2000, the ships’ owners failed to provide them with written wage agreements prior to their fishing voyages, as required by 46 U.S.C. § 10601 . They further claim statutory damages pursuant to 46 U.”

Paul v. All Alaskan Seafoods, Inc. (2001) washctapp “For example, a seaman is entitled to double wages if not paid within 24 hours after the cargo has been discharged or within 4 days after the seaman is discharged, whichever is earlier. 46 U.S.C. § 10313 (f).”

Show all 35 citing cases →

— 46 U.S.C. § 10601(a) — 2 cases

Hannon v. Versteeg (2021) akd

Hannon v. Versteeg (2021) wawd

— 46 U.S.C. § 10601(c)(2) — 1 case

Doyle v. Huntress, Inc. (2004) rid “, alleging that these corporations failed to provide the Plaintiff seamen with written contracts prior to proceeding on several fishing voyages, as required by 46 U.S.C. § 10601 (1988). Plaintiffs claim statutory damages under a companion statute, 46 U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.