The Salty Barrister

With morning coffee in hand, I was trawling recent New England court decisions looking to hook a maritime issue. Frankly, it was slim pickings until I ran across a fishermen's wage dispute. I'm always curious about the mechanics of other professions and this decision was sort of interesting for its background.

Three fishermen set sail aboard a scallop boat. Contrary to United States law, there was no written agreement memorializing the terms of their employment. It seemed that the voyage was successful and the boat returned to port with a mess of scallops that ultimately yielded a six-figure gross. The fishermen were each paid a portion of the boat's net proceeds. Well, a little while later the fishermen sued alleging various violations arising from the voyage including the lack of a written agreement. In addition to compensatory damages, the fishermen sought punitive damages for what was alleged to be egregious conduct.

The appellate court examined each of the issues and ultimately affirmed (meaning upheld) the lower court's decision which had awarded a very small adjustment to one of the fishermen and had rejected all the other claims. In connection with the punitive damages claim, the appellate court stated that the fish boat owner's violation of the statutory obligation to have a writing in place with the crew (the existence of which it was unaware) could not support such a claim. Specifically, the Court pointed out that the crew was paid under a lay-share system and that the violation was simply the lack of a fixed written employment contract.

The statute requiring, in some instances, that a written fishing agreement be in place before undertaking a voyage can be found at 46 U.S.C. § 10601.

--- JKF

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I’m writing this outside, under a morning sun, with a thin line of surf ripping along an empty beach. You really can’t beat that, huh? The last few days, I’ve wandered around the flats, trying my luck at snagging some unsuspecting pelagic. I’ve done alright and it seems like a bargain all parties can live with. I cast madly to and fro, occasionally a fish bites, we wrestle for a couple of exciting minutes, and it usually leaps free as soon as it gets close. Fun stuff.

At any rate, pulling things from the sea got me thinking about that anecdote of the English commons where everyone shares the resources, the sheep are happy, etc. That is, our coastal waters are pretty heavily regulated these days so as to preserve what resources are left. Dropping a line in the water and pulling up your catch usually means you’ve triggered some rule or regulation. Whether it’s a catch limit, a minimum size requirement, a species prohibition or a local licensing mandate, the point is that it’s not the wild west. From fines to the state seizing your gear and vessel, the penalties for the cavalier can be tough.

I bought a seven-day salt water license for a small fee and I’m not keeping anything I catch, so I’m probably in good water. If you’re a vacationer eyeing a new stretch of seawater, quiz a local on what’s needed and what’s not. And if you’re particularly good at planning, many coastal communities have toll free numbers and websites with fishing information allowing you to license-up even before you board the plane.

Underway and making way.

--- JKF

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