H.R. 628 (Introduced in House) — Shellfish Aquaculture Improvement Act of 2021

This Act may be cited as the “Shellfish Aquaculture Improvement Act of 2021”.

(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.

Shellfish Aquaculture Improvement Act of 2021