Shellfish Aquaculture Improvement Act of 2021

Bill: 117-hr-628
Sponsor: full_name: Rep. Young, Don [R-AK-At Large]
Introduced: 2021-01-28
Policy area: Agriculture and Food
Subjects: Aquaculture

Civil actions and liability

Employee benefits and pensions

Food industry and services

Transportation employees

Worker safety and health
Latest action: action_date: 2021-03-22
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Summaries:
action_date: 2021-01-28
action_desc: Introduced in House
text: <p><b>Shellfish Aquaculture Improvement Act of 2021 </b></p> <p>This bill limits the ability of an aquaculture worker to bring a civil action against an employer for employment-related injuries.</p> <p>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. </p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session 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 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.

1. Short title This Act may be cited as the Shellfish Aquaculture Improvement Act of 2021 . 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.