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Courtesy of NAA:

The US House of Representatives has passed the Coast Guard Authorization Act which includes a critical amendment to the Merchant Marine Act as both a stand-alone bill (see page 65) and as an amendment to the National Defense Authorization Act. Unfortunately, the Senate has offered legislation that does not include the provision.

This amendment, Section 405. Limitation on Recovery for Certain Injuries Incurred in Aquaculture Activities, exempts a marine aquaculture farm from potential unlimited liability if an aquaculture worker is covered by state worker’s compensation.

Senate Offices leading the negotiations on the National Defense Authorization Act are critical (Senator Jack Reed-RI; Senator James Inhofe-OK). Other important offices include Senators Richard Blumenthal-CT, Tim Kaine-VA and Mark Warner-VA – and in the House the key offices are Representative Adam Smith-WA and Representative Mike Rogers-AL.

Now is the time to reach out to your Senators on the Commerce Committee and Armed Services and House members on the Armed Services.  Senators and Representatives need to hear from constituents about why this amendment is important to you. Key talking points are:

• The amendment is supported by the shellfish farming community, both maritime unions and the American Farm Bureau Federation.
• Protecting aquaculture workers under state workers compensation makes more sense for everyone involved.
• Paying twice for workers insurance is hard to justify.
• Unlimited liability lawsuits are going to bankrupt most shellfish farm owners (85% of which have less than 5 employees).
• This amendment does not impact any of the cabotage provisions of the Merchant Marine Act

If you have questions or would like to receive a one-page fact sheet, please contact the NAA Office at naa@thenaa.net or Bob Rheault, Executive Director, East Coast Shellfish Growers Association at bob@ecsga.org.