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generally remained at sea until it filled its storage capacity
for fish (i.e., 1,150 tons).
The ship returned to port in American Samoa to sell,
pursuant to an exclusive contract, the entire catch to the Van
Camp Seafood Co. (Van Camp) fish processing plant. De Silva and
its workers were paid only for fish accepted by Van Camp. On
average, Van Camp rejected about 2 percent of the catch. If Van
Camp rejected the entire catch, none of the crew members would be
paid.
Petitioner was paid the second highest amount of any crew
member. Petitioner was paid $30 per ton and had no right to, or
any ownership interest in, the fish. Petitioner was paid in
American Samoa. Petitioner was responsible for preparing the
ship for each voyage, taking care of the catch, and delivering
the fish to the Van Camp cannery in American Samoa. Petitioner’s
prevoyage duties included making cold water to refrigerate the
fish, making brine to store the fish, and ensuring that the
engines and machinery were all in order. At the conclusion of
each voyage, petitioner was in charge of the hydraulic equipment
used to offload the fish as well as the cargo booms, conveyor
belts, and other equipment.
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Last modified: May 25, 2011