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117TH CONGRESS
1ST SESSION
H. R. 628
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.
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 Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
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.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Shellfish Aquaculture
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Improvement Act of 2021’’.
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SEC. 2. LIMITATION ON RECOVERY FOR CERTAIN INJURIES
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INCURRED IN SHELLFISH AQUACULTURE AC-
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TIVITIES IF A STATE REMEDY IS AVAILABLE.
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(a) IN GENERAL.—Section 30104 of title 46, United
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States Code, is amended—
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(1) by inserting ‘‘(a) IN GENERAL.—’’ before
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the first sentence; and
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(2) by adding at the end the following:
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‘‘(b) LIMITATION ON RECOVERY BY AQUACULTURE
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WORKERS.—For purposes of subsection (a)—
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‘‘(1) IN
GENERAL.—The term ‘seaman’ does
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not include an individual who—
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‘‘(A) is an aquaculture worker if State
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workers’ compensation is available to such indi-
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vidual; and
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‘‘(B) was, at the time of injury, engaged in
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aquaculture in a place where such individual
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had lawful access.
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‘‘(2) AQUACULTURE
WORKER
DEFINED.—For
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purposes of paragraph (1), the term ‘aquaculture
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worker’ means an individual who—
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‘‘(A) is employed by a commercial enter-
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prise that is involved in the controlled cultiva-
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tion and harvest of aquatic plants and animals,
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including—
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‘‘(i) the cleaning, processing, or can-
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ning of fish and fish products;
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‘‘(ii) the cultivation and harvesting of
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shellfish; and
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‘‘(iii) the controlled growing and har-
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vesting of other aquatic species;
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‘‘(B) does not hold a license issued under
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section 7101(c) of this title; and
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‘‘(C) is not required to hold a merchant
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mariner credential under part F of subtitle II
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of this title.’’.
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(b) EFFECTIVE DATE.—The amendments made by
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this section shall apply to injuries incurred on or after the
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date of enactment of this Act.
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Æ
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