The owner of the fishing vessel put part of the last load of salmon in
cold storge (they were frozen) so that he could sell them at a higher
price after the season was over in june/july. He is not able to get
the price he thinks he should for them, but he can sell them a little
over the market price at the end of the season. The captain and crew
were already paid for their labor and catch of this load. But now that
the captain is leaving (with about a 2 month's notice) the owner wants
to keep part of his last payment for crab(this is January) for the
salmon he says he can't sell, approximately $6360.00, well over 75% of
the wages the captain earned on the last trip for crab. Can he do
that?  I have all ready contacted the Oregon beuro of wages and the
Federal guys too, they were no help. Basically said to take him to
court and sue. Case would be his word against captain's. We live in
Oregon as does the f/v owner.  Owner is also Port Commisoner. Any good
info would help .

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Clarification of Question by fairydogmother-ga on 17 Feb 2006 16:08 PST

I GUESS WHAT I WANT TO KNOW IS CAN FISHING VESSEL OWNER KEEP CAPTAIN'S
WAGES FROM ONE TYPE OF SEASON FOR A BAD BUINESS DECISSION THE OWNER
MADE REGARDING ANOTHER SEASON THAT HAS ALREADY PAST?  ISN'T THE
CAPTAIN'S RESPONSIBILITY FOR THE CATCH OVER WHEN IT IS UNLOADED OFF
THE BOAT ONTO THE DOCK? CAN THIS OWNER REALLY, LEGALLY, KEEP THE
CAPTAIN'S PAY?  THE OWNER HAS DONE THIS BEFORE TO CREWMEN THAT QUIT. 
PLEASE HELP! WILL BE WILLING TO UP THE PRICE FOR GOOD LEGAL TYPE INFO.

I would think it all depends on the contract language. Also if there
are witnesses it wouldn't necessarily be his word against captain's. I
would have the captain consult an attorney.

SEEING AN ATTORNEY WOULD BE GREAT BUT THE CAPTAIN HAS BEEN HIRED BY
ANOTHER FISSHING VESSEL AND IS NOT ON LAND AT THIS TIME.  WHAT ABOUT
STATUES OF LIMITATION ON THIS KIND OF THING? HE WAS HOPING NOT TO GO
TO COURT, BUT $6360.00 PUTS ALOT OF GROCERIES ON THE TABLE. TOO MUCH
MONEY TO SUE FOR IN SMALL CLAIMS COURT IN OUR STATE...THE MAX IS
$5000.00 AND COURT COSTS. AND YOU SAID WHAT THE FEDS AND STATE GUYS
SAID.  THANKS FOR YOU IMPUT. AT LEAST I DON'T THINK ALONE.

As Joe said, the situation will depend on their agreement (contract or verbal).  

If you're not ready to contact a lawyer I would consider contacting
some other commercial fishermen and see what they have to say.  There
are many fishermen who are very well versed in and the local laws and
regulations.

With just a quick search I came up with The Pacific Coast Federation
of Fishermen's Associations: http://www.pcffa.org/contact.htm -
possibly getting in touch with them may give you some further
direction or assistance.

Shane
Boat Source International Marine Brokerage
<a href="http://www.boatsource.ca">http://www.boatsource.ca</a>