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Under section 3121(b)(20),8 crew members of a fishing boat,
8Sec. 3121(b) provides:
SEC. 3121 (b). Employment.--For purposes of
this chapter, the term “employment” means any
service, of whatever nature, performed (A) by an
employee for the person employing him * * *;
except that such term shall not include --
* * * * * * *
(20) service (other than service
described in paragraph 3(A)) performed by an
individual on a boat engaged in catching fish
or other forms of aquatic animal life under
an arrangement with the owner or operator of
such boat pursuant to which--
(A) such individual does not
receive any cash remuneration other
than as provided in subparagraph
(B) and other than cash
remuneration
(i) which does not exceed $100
per trip;
(ii) which is contingent on a
minimum catch; and
(iii) which is paid solely for
additional duties (such as mate,
engineer, or cook) for which
additional cash remuneration is
traditional in the industry,
(B) such individual receives a
share of the boat’s (or the boats’
in the case of a fishing operation
involving more than one boat) catch
of fish or other forms of aquatic
animal life or a share of the
proceeds from the sale of such
catch, and
(continued...)
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Last modified: May 25, 2011