Flores

In this case we must clarify the requirements of a federal maritime statute whose origins date back to the late eighteenth century. When enacted in 1792, the requirement that a fishing agreement must be “in writing” applied only to seamen fishing for cod. Congress has gradually broadened the scope of this requirement, and it no longer includes any limitation based on the kind of fish that the seamen catch. When the events occurred that gave rise to-this litigation, the applicable statute, 46 U.S.C. § 10601 (a) (2000), provided simply that a “fishing agreement” must be “in writing” if the fishing vessel met other statutory requirements that are not in dispute here. The fishing agreement also had to be signed by both the “master or individual in charge of [the] fishing vessel,” pursuant to 46 U.S.C. § 10601 (a) (2000), and by “the owner of the vessel,” pursuant to 46 U.S.C. §. 10601(b) (2000). 1 These statutory requirements are intended to protect seamen and to ensure they have a clear and enforceable written commitment defining the consideration for which they risk their life at sea. The questions of statutory interpretation raised here are (1) whether the fishing agreement was “in…