H. R. 628
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mr. Young (for himself, Mr. Larson of Connecticut, and Mr. Graves of Louisiana) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend title 46, United States Code, to exclude certain aquaculture workers from treatment as seamen for the purpose of liability in the event of injury or death, and for other purposes.
This Act may be cited as the
Shellfish Aquaculture Improvement Act of 2021.
Limitation on recovery for certain injuries incurred in shellfish aquaculture activities if a State remedy is available
Section 30104 of title 46, United States Code, is amended—
(a) In general.— before the first sentence; and
by adding at the end the following:
Limitation on recovery by aquaculture workers
For purposes of subsection (a)—
seaman does not include an individual who—
is an aquaculture worker if State workers’ compensation is available to such individual; and
was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access.
Aquaculture worker defined
For purposes of paragraph (1), the term
aquaculture worker means an individual who—
is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including—
the cleaning, processing, or canning of fish and fish products;
the cultivation and harvesting of shellfish; and
the controlled growing and harvesting of other aquatic species;
does not hold a license issued under section 7101(c) of this title; and
is not required to hold a merchant mariner credential under part F of subtitle II of this title.
The amendments made by this section shall apply to injuries incurred on or after the date of enactment of this Act.