Fisheries

You can scarcely find an occupation more intrinsically bound to the sea than that of fishing. Among the oldest of the food-gathering endeavors, the rights and duties of deep sea fishermen have been traditionally adjudicated in courts of admiralty law. Fishermen are, of course, mariners first. They are, by definition crew members on those vessels who primary purpose is the most traditional of maritime activities.

A fisherman’s lay share compensation is a form of seamen’s wages. Statutory law provides that fishermen employed under a written wage or share agreement have a lien against the vessel for their unpaid wages or shares for a period of six months after the sale of the fish. This six month time bar on in rem claims applies not only to fishermen’s lay shares but to all employees of vessels operating on fishing licenses. This time bar has been held to be tolled by the employer’s fraudulent concealment of the true facts giving rise to the claims.

This statute does not affect the “common law” right of the fisherman to bring an action to recover his share of the fish or proceeds. The legislative history of this statute found no evidence that Congress intended to preclude in personam actions under admiralty jurisdiction for fishermen’s lay shares.