Shellfish Aquaculture Improvement Act of 2021
Bill: H.R.628 | Sponsor: Rep. Young, Don (R-AK)
Policy area: Agriculture and Food

Summary:
Shellfish Aquaculture Improvement Act of 2021
This bill limits the ability of an aquaculture worker to bring a civil action against an employer for employment-related injuries.
Specifically, the bill limits recovery for injuries sustained by an aquaculture worker if (1) state workers' compensation is available to such individual; and (2) at the time of injury, the individual was engaged in aquaculture in a place where the individual had lawful access.
An aquaculture worker is an individual employed by commercial enterprises 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.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shellfish Aquaculture Improvement 
Act of 2021''.

SEC. 2. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN 
              SHELLFISH AQUACULTURE ACTIVITIES IF A STATE REMEDY IS 
              AVAILABLE.

    (a) In General.--Section 30104 of title 46, United States Code, is 
amended--
            (1) by inserting ``(a) In General.--'' before the first 
        sentence; and
            (2) by adding at the end the following:
    ``(b) Limitation on Recovery by Aquaculture Workers.--For purposes 
of subsection (a)--
            ``(1) In general.--The term `seaman' does not include an 
        individual who--
                    ``(A) is an aquaculture worker if State workers' 
                compensation is available to such individual; and
                    ``(B) was, at the time of injury, engaged in 
                aquaculture in a place where such individual had lawful 
                access.
            ``(2) Aquaculture worker defined.--For purposes of 
        paragraph (1), the term `aquaculture worker' means an 
        individual who--
                    ``(A) is employed by a commercial enterprise that 
                is involved in the controlled cultivation and harvest 
                of aquatic plants and animals, including--
                            ``(i) the cleaning, processing, or canning 
                        of fish and fish products;
                            ``(ii) the cultivation and harvesting of 
                        shellfish; and
                            ``(iii) the controlled growing and 
                        harvesting of other aquatic species;
                    ``(B) does not hold a license issued under section 
                7101(c) of this title; and
                    ``(C) is not required to hold a merchant mariner 
                credential under part F of subtitle II of this 
                title.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to injuries incurred on or after the date of enactment of this 
Act.
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