OPINION OF THE COURT
STEWART V. DUTRA CONSTR. CO.
543 U. S. ____ (2005)
SUPREME COURT OF THE UNITED STATES
NO. 03-814
WILLARD STEWART, PETITIONER
v. DUTRA
CONSTRUCTION COMPANY
on writ of certiorari to the united states court of
appeals for the first circuit
[February 22, 2005]
Justice Thomas delivered the
opinion of the Court.
The question in this case is
whether a dredge is a “vessel” under the Longshore and Harbor
Workers’ Compensation Act (LHWCA), 44 Stat. 1428, 33 U. S. C.
§902(3)(G). We hold that it is.
I
As part of Boston’s Central
Artery/Tunnel Project, or “Big Dig,” the Commonwealth of
Massachusetts undertook to extend the Massachusetts Turnpike
through a tunnel running beneath South Boston and Boston Harbor to
Logan Airport. The Commonwealth employed respondent Dutra
Construction Company to assist in that undertaking. At the time,
Dutra owned the world’s largest dredge, the
Super Scoop,
which was capable of digging the 50-foot-deep, 100-foot-wide,
three-quarter-mile-long trench beneath Boston Harbor that is now
the Ted Williams Tunnel.
The
Super Scoop is a
massive floating platform from which a clamshell bucket is
suspended beneath the water. The bucket removes silt from the ocean
floor and dumps the sediment onto one of two scows that float
alongside the dredge. The
Super Scoop has certain
characteristics common to seagoing vessels, such as a captain and
crew, navigational lights, ballast tanks, and a crew dining area.
But it lacks others. Most conspicuously, the
Super Scoop
has only limited means of self-propulsion. It is moved long
distances by tugboat. (To work on the Big Dig, it was towed from
its home base in California through the Panama Canal and up the
eastern seaboard to Boston Harbor.) It navigates short distances by
manipulating its anchors and cables. When dredging the Boston
Harbor trench, it typically moved in this way once every couple of
hours, covering a distance of 30-to-50 feet each time.
Dutra hired petitioner Willard Stewart, a
marine engineer, to maintain the mechanical systems on the
Super Scoop during its dredging of the harbor. At the time
of Stewart’s accident, the
Super Scoop lay idle because
one of its scows, Scow No. 4, had suffered an engine malfunction
and the other was at sea. Stewart was on board Scow No. 4, feeding
wires through an open hatch located about 10 feet above the engine
area. While Stewart was perched beside the hatch, the
Super
Scoop used its bucket to move the scow. In the process, the
scow collided with the
Super Scoop, causing a jolt that
plunged Stewart headfirst through the hatch to the deck below. He
was seriously injured.
Stewart sued Dutra in the United States
District Court for the District of Massachusetts under the Jones
Act, 38 Stat. 1185, 46 U. S. C. App. §688(a), alleging that he
was a seaman injured by Dutra’s negligence. He also filed an
alternative claim under §5(b) of the LHWCA, 33 U. S. C.
§905(b), which authorizes covered employees to sue a “vessel” owner
as a third party for an injury caused by the owner’s
negligence.
Dutra moved for summary judgment on the Jones
Act claim, arguing that Stewart was not a seaman. The company
acknowledged that Stewart was “a member of the
[Super
Scoop’s
] crew,” 230 F. 3d 461, 466 (CA1 2000); that
he spent “[n]inety-nine percent of his time while on the job”
aboard the
Super Scoop, App. 20 (Defendant’s Memorandum in
Support of Summary Judgment); and that his “duties contributed to
the function” of the
Super Scoop,
id., at 32.
Dutra argued only that the
Super Scoop was not a vessel
for purposes of the Jones Act. Dutra pointed to the Court of
Appeals’ en banc decision in
DiGiovanni v.
Traylor
Brothers, Inc., 959 F. 2d 1119 (CA1 1992), which held that “if
a barge … or other float’s purpose or primary business is
not navigation or commerce, then workers assigned thereto
for its shore enterprise are to be considered seamen only when it
is in actual navigation or transit” at the time of the plaintiff’s
injury.
Id., at 1123 (internal quotation marks omitted).
The District Court granted summary judgment to Dutra, because the
Super Scoop’s primary purpose was dredging rather than
transportation and because it was stationary at the time of
Stewart’s injury.
On interlocutory appeal, the Court of Appeals
affirmed, concluding that it too was bound by
DiGiovanni.
230 F. 3d, at 467–468. The court reasoned that the
Super
Scoop’s primary function was construction and that “[a]ny
navigation or transportation that may be required is incidental to
this primary function.”
Id., at 468. The court also
concluded that the scow’s movement at the time of the accident did
not help Stewart, because his status as a seaman depended on the
movement of the
Super Scoop (which was stationary) rather
than the scow.
Id., at 469.
On remand, the District Court granted summary
judgment in favor of Dutra on Stewart’s alternative claim that
Dutra was liable for negligence as an owner of a “vessel” under the
LHWCA, 33 U. S. C. §905(b). The Court of Appeals again
affirmed. It noted that Dutra had conceded that the
Super
Scoop was a “vessel” for purposes of §905(b), explaining that
“the LHWCA’s definition of ‘vessel’ is ‘significantly more
inclusive than that used for evaluating seaman status under the
Jones Act.’ ” 343 F. 3d 10, 13 (CA1 2003) (quoting
Morehead v.
Atkinson-Kiewit, 97 F. 3d 603, 607
(CA1 1996) (en banc)). The Court of Appeals nonetheless agreed with
the District Court’s conclusion that Dutra’s alleged negligence was
committed in its capacity as an employer rather than as owner of
the vessel under §905(b).
We granted certiorari to resolve confusion
over how to determine whether a watercraft is a “vessel” for
purposes of the LHWCA.
540 U. S. 1177
(2004).
II
Prior to the passage of the Jones
Act, general maritime law usually entitled a seaman who fell sick
or was injured both to maintenance and cure (or the right to be
cared for and paid wages during the voyage, see,
e.g.,
Harden v.
Gordon, 11 F. Cas. 480, 482–483 (No.
6,047) (CC Me. 1823) (Story, J.)), and to damages for any “injuries
received . . . in consequence of the unseaworthiness of the ship,”
The Osceola, 189 U. S. 158, 175
(1903). Suits against shipowners for negligence, however, were
barred. Courts presumed that the seaman, in signing articles of
employment for the voyage, had assumed the risks of his occupation;
thus a seaman was “not allowed to recover an indemnity for the
negligence of the master, or any member of the crew.”
Ibid.
Congress enacted the Jones Act in
1920 to remove this bar to negligence suits by seamen. See
Chandris, Inc. v.
Latsis, 515 U. S. 347, 354
(1995). Specifically, the Jones Act provides:
“Any seaman who shall suffer personal injury in the
course of his employment may, at his election, maintain an action
for damages at law, with the right of trial by jury, and in such
action all statutes of the United States modifying or extending the
common-law right or remedy in cases of personal injury to railway
employees shall apply.” 46 U. S. C. App. §688(a).
Although the statute is silent on who is a
“seaman,” both the maritime law backdrop against which Congress
enacted the Jones Act and Congress’ subsequent enactments provide
some guidance.
First, “seaman” is a term of art that had an
established meaning under general maritime law. We have thus
presumed that when the Jones Act made available negligence remedies
to “[a]ny seaman who shall suffer personal injury in the course of
his employment,” Congress took the term “seaman” as the general
maritime law found it.
Chandris,
supra, at 355
(citing
Warner v.
Goltra, 293 U. S. 155, 159
(1934)); G. Gilmore & C. Black, Law of Admiralty §6–21, pp.
328–329 (2d ed. 1975).
Second, Congress provided further guidance in
1927 when it enacted the LHWCA, which provides scheduled
compensation to land-based maritime workers but which also excepts
from its coverage “a master or member of a crew of any vessel.” 33
U. S. C. §902(3)(G). This exception is simply “a refinement of
the term ‘seaman’ in the Jones Act.”
McDermott Int’l, Inc.
v.
Wilander, 498 U. S. 337, 347
(1991). Thus the Jones Act and the LHWCA are complementary regimes
that work in tandem: The Jones Act provides tort remedies to
sea-based maritime workers, while the LHWCA provides
workers’ compensation to
land-based maritime employees.
Ibid.; Swanson v.
Marra Brothers, Inc.,
328 U. S. 1, 6–7
(1946).
Still, discerning the contours of “seaman”
status, even with the general maritime law and the LHWCA’s language
as aids to interpretation, has not been easy. See
Chandris, supra, at 356. We began clarifying the
definition of “seaman” in a pair of cases,
McDermott Int’l,
Inc. v.
Wilander, supra, and
Chandris,
supra, that addressed the relationship
a worker must have to a vessel in order to be a “master or member”
of its crew. We now turn to the other half of the LHWCA’s equation:
how to determine whether a watercraft is a “vessel.”
A
Just as Congress did not define
the term “seaman” in the Jones Act,[
Footnote 1] it did not define the term “vessel” in the
LHWCA itself.[
Footnote 2]
However, Congress provided a definition elsewhere. At the time of
the LHWCA’s enactment, §§1 and 3 of the Revised Statutes of 1873
specified:
“In determining the meaning of the revised
statutes, or of any act or resolution of Congress passed subsequent
to February twenty-fifth, eighteen hundred and seventy-one, … [t]he
word ‘vessel’ includes every description of water-craft or other
artificial contrivance used, or capable of being used, as a means
of transportation on water.”[
Footnote 3] 18 Stat., pt. 1, p. 1.
Sections 1 and 3 show that, because the LHWCA is an
Act of Congress passed after February 25, 1871, the LHWCA’s use of
the term “vessel” “includes every description of water-craft or
other artificial contrivance used, or capable of being used, as a
means of transportation on water.”
Ibid.
Section 3’s definition, repealed and
recodified in 1947 as part of the Rules of Construction Act, 1 U.
S. C. §3, has remained virtually unchanged from 1873 to the
present.[
Footnote 4] Even now,
§3 continues to supply the default definition of “vessel”
throughout the U. S. Code, “unless the context indicates
otherwise.” 1 U. S. C. §1. The context surrounding the LHWCA’s
enactment indicates that §3 defines the term “vessel” for purposes
of the LHWCA.
Section 3 merely codified the meaning that the
term “vessel” had acquired in general maritime law. See 1 S.
Friedell, Benedict on Admiralty §165 (rev. 7th ed. 2004). In the
decades following its enactment, §3 was regularly used to define
the term “vessel” in maritime jurisprudence. Taking only the issue
presented here—whether a dredge is a vessel—prior to passage of the
Jones Act and the LHWCA, courts often used §3’s definition to
conclude that dredges were vessels.[
Footnote 5]
From the very beginning, these courts
understood the differences between dredges and more traditional
seagoing vessels. Though smaller, the dredges at issue in the
earliest cases were essentially the same as the
Super
Scoop here. For instance, the court could have been speaking
equally of the
Super Scoop as of
The Alabama when
it declared:
“The dredge and scows have no means of propulsion
of their own except that the dredge, by use of anchors, windlass,
and rope, is moved for short distances, as required in carrying on
the business of dredging. Both the dredge and the scows are moved
from place to place where they may be employed by being towed, and
some of the tows have been for long distances and upon the high
seas. The dredge and scows are not made for or adapted to the
carriage of freight or passengers, and the evidence does not show
that, in point of fact, this dredge and scows had ever been so used
and employed.”
The Alabama, 19 F. 544, 545 (SD Ala.
1884).
See also
Huismann v.
The Pioneer,
30 F. 206 (EDNY 1886). None of this prevented the court from
recognizing that dredges are vessels because they are watercraft
with “the capacity to be navigated in and upon the waters.”
The
Alabama,
supra, at 546; see also
The
Pioneer,
supra, at 207;
The International,
89 F. 484, 485 (CA3 1898).
This Court also treated dredges as vessels
prior to the passage of the Jones Act and the LHWCA. It did so in a
pair of cases, first implicitly in
The “Virginia Ehrman” and
the “Agnese,” 97
U. S. 309 (1878), and then explicitly in
Ellis v.
United States, 206 U. S. 246 (1907). In
Ellis, this Court considered,
inter alia, whether
workers aboard various dredges and scows were covered by a federal
labor law. Just as in the present case, one of the
Ellis
appellants argued that the dredges at issue were “vessels” within
the meaning of Rev. Stat. §3, now 1 U. S. C. §3. 206 U. S., at
249. The United States responded that dredges were only vessels, if
at all, when in actual navigation as they were “towed from port to
port.”
Id., at 253. Citing §3, Justice Holmes rejected the
Government’s argument, stating that “[t]he scows and floating
dredges were vessels” that “were within the admiralty jurisdiction
of the United States.”
Id., at 259.
These early cases show that at the time
Congress enacted the Jones Act and the LHWCA in the 1920’s, it was
settled that §3 defined the term “vessel” for purposes of those
statutes. It was also settled that a structure’s status as a vessel
under §3 depended on whether the structure was a means of maritime
transportation. See R. Hughes, Handbook of Admiralty Law §5, p. 14
(2d ed. 1920). For then, as now, dredges served a waterborne
transportation function, since in performing their work they
carried machinery, equipment, and crew over water. See,
e.g., Butler v.
Ellis, 45 F. 2d
951, 955 (CA4 1930) (finding the vessel status of dredges
“sustained by the overwhelming weight of authority”);
The
Hurricane, 2 F. 2d 70, 72 (ED Pa. 1924) (expressing “no
doubt” that dredges are vessels), aff’d, 9 F. 2d 396 (CA3
1925).
This Court’s cases have continued to treat §3
as defining the term “vessel” in the LHWCA, and they have continued
to construe §3’s definition in light of the term’s established
meaning in general maritime law. For instance, in
Norton
v.
Warner Co., 321 U. S. 565 (1944),
the Court considered whether a worker on a harbor barge was “a
master or member of a crew of any vessel” under the LHWCA, 33 U.
S. C. §902(3)(G). In finding that the “barge [was] a vessel
within the meaning of the Act,” the Court not only quoted §3’s
definition of the term “vessel,” but it also cited in support of
its holding several earlier cases that had held dredges to be
vessels based on the general maritime law. 321 U. S., at 571, and
n. 4. This Court therefore confirmed in
Norton that §3
defines the term “vessel” in the LHWCA and that §3 should be
construed consistently with the general maritime law. Since
Norton, this Court has often said that dredges and
comparable watercraft qualify as vessels under the Jones Act and
the LHWCA.[
Footnote 6]
B
Despite this Court’s reliance on
§3 in cases like
Ellis and
Norton, Dutra argues
that the Court has implicitly narrowed §3’s definition. Section 3
says that a “vessel” must be “used, or capable of being used, as a
means of transportation on water.” 18 Stat., pt. 1, p. 1. In a pair
of cases, the Court held that a drydock,
Cope v.
Vallette Dry Dock Co., 119 U. S. 625, 630
(1887), and a wharfboat attached to the mainland,
Evansville
& Bowling Green Packet Co. v.
Chero Cola Bottling
Co., 271 U. S.
19, 22 (1926), were not vessels under §3, because they were not
practically capable of being used to transport people,
freight, or cargo from place to place. According to Dutra,
Cope and
Evansville adopted a definition of
“vessel” narrower than §3’s text.
Dutra misreads
Cope and
Evansville. In
Cope, the plaintiff sought a
salvage award for having prevented a drydock from sinking after a
steamship collided with it. 119 U. S., at 625–626. At the time of
the accident, the drydock, a floating dock used for repairing
vessels, was “moored and lying at [the] usual place” it had
occupied for the past 20 years.
Id., at 626. In those
circumstances, the drydock was a “fixed structure” that had been
“permanently moored,” rather than a vessel that had been
temporarily anchored.
Id., at 627.
Evansville
involved a wharfboat secured by cables to the mainland. Local
water, electricity, and telephone lines all ran from shore to the
wharfboat, evincing a “permanent location.” 271 U. S., at 22. And
the wharfboat, like the drydock in
Cope, was neither
“taken from place to place” nor “used to carry freight from one
place to another.” 271 U. S., at 22. As in
Cope, the Court
concluded that the wharfboat “was not practically capable of being
used as a means of transportation.” 271 U. S., at 22.
Cope and
Evansville did no
more than construe §3 in light of the distinction drawn by the
general maritime law between watercraft temporarily stationed in a
particular location and those permanently affixed to shore or
resting on the ocean floor. See,
e.g., The
Alabama, 19 F., at 546 (noting that vessels possess “mobility
and [the] capacity to navigate,” as distinct from fixed structures
like wharves, drydocks, and bridges). Simply put, a watercraft is
not “capable of being used” for maritime transport in any
meaningful sense if it has been permanently moored or otherwise
rendered practically incapable of transportation or movement.
This distinction is sensible: A ship and its
crew do not move in and out of Jones Act coverage depending on
whether the ship is at anchor, docked for loading or unloading, or
berthed for minor repairs, in the same way that ships taken
permanently out of the water as a practical matter do not remain
vessels merely because of the remote possibility that they may one
day sail again. See
Pavone v.
Mississippi Riverboat
Amusement Corp., 52 F. 3d 560, 570 (CA5 1995) (floating
casino was no longer a vessel where it “was moored to the shore in
a semi-permanent or indefinite manner”);
Kathriner v.
Unisea, Inc., 975 F. 2d 657, 660 (CA9 1992) (floating
processing plant was no longer a vessel where a “large opening [had
been] cut into her hull,” rendering her incapable of moving over
the water). Even if the general maritime law had not informed the
meaning of §3, its definition would not sweep within its reach an
array of fixed structures not commonly thought of as capable of
being used for water transport. See,
e.g., Leocal
v.
Ashcroft, 543 U. S. ___, ___ (2004) (slip op., at 7)
(“When interpreting a statute, we must give words their ‘ordinary
or natural’ meaning” (quoting
Smith v.
United
States, 508 U.
S. 223, 228 (1993))).
Applying §3 brings within the purview of the
Jones Act the sorts of watercraft considered vessels at the time
Congress passed the Act. By including special-purpose vessels like
dredges, §3 sweeps broadly, but the other prerequisites to
qualifying for seaman status under the Jones Act provide some
limits, notwithstanding §3’s breadth. A maritime worker seeking
Jones Act seaman status must also prove that his duties contributed
to the vessel’s function or mission, and that his connection to the
vessel was substantial both in nature and duration.
Chandris, 515 U. S., at 376. Thus, even though the
Super Scoop is a “vessel,” workers injured aboard the
Super Scoop are eligible for seaman status only if they
are “master[s] or member[s]” of its crew.
C
The Court of Appeals, relying on
its previous en banc decision in
DiGiovanni v.
Traylor
Brothers, Inc., 959 F. 2d 1119 (CA1 1992), held that the
Super Scoop is not a “vessel,” because its primary purpose
is not navigation or commerce and because it was not in actual
transit at the time of Stewart’s injury. 230 F. 3d, at
468–469. Neither prong of the Court of Appeals’ test is consistent
with the text of §3 or the established meaning of the term “vessel”
in general maritime law.
Section 3 requires only that a
watercraft be “used, or capable of being used, as a means of
transportation on water” to qualify as a vessel. It does not
require that a watercraft be used
primarily for that
purpose. See
The Alabama,
supra, at 546;
The
International, 89 F., at 485. As the Court of Appeals
recognized, the
Super Scoop’s “function was to move
through Boston Harbor, … digging the ocean bottom as it moved.” 343
F. 3d, at 12. In other words, the
Super Scoop was not
only “capable of being used” to transport equipment and workers
over water—it
was used to transport those things. Indeed,
it could not have dug the Ted Williams Tunnel had it been unable to
traverse the Boston Harbor, carrying with it workers like
Stewart.
Also, a watercraft need not be in motion to
qualify as a vessel under §3. Looking to whether a watercraft is
motionless or moving is the sort of “snapshot” test that we
rejected in
Chandris. Just as a worker does not “oscillate
back and forth between Jones Act coverage and other remedies
depending on the activity in which the worker was engaged while
injured,”
Chandris, 515 U. S., at 363, neither does a
watercraft pass in and out of Jones Act coverage depending on
whether it was moving at the time of the accident.
Granted, the Court has sometimes spoken of the
requirement that a vessel be “in navigation,”
id., at
373–374, but never to indicate that a structure’s locomotion at any
given moment mattered. Rather, the point was that structures may
lose their character as vessels if they have been withdrawn from
the water for extended periods of time.
Ibid.;
Roper v.
United States, 368 U. S. 20, 21, 23
(1961);
West v.
United States, 361 U. S. 118, 122
(1959). The Court did not mean that the “in navigation” requirement
stood apart from §3, such that a “vessel” for purposes of §3 might
nevertheless not be a “vessel in navigation” for purposes of the
Jones Act or the LHWCA. See,
e.g.,
United States
v.
Templeton, 378 F. 3d 845, 851 (CA8 2004) (“[T]he
definition of ‘vessel in navigation’ under the Jones Act is not as
expansive as the general definition of ‘vessel’ ” (citations
omitted)).
Instead, the “in navigation” requirement is an
element of the vessel status of a watercraft. It is relevant to
whether the craft is “used, or capable of being used” for maritime
transportation. A ship long lodged in a drydock or shipyard can
again be put to sea, no less than one permanently moored to shore
or the ocean floor can be cut loose and made to sail. The question
remains in all cases whether the watercraft’s use “as a means of
transportation on water” is a practical possibility or merely a
theoretical one.
Supra, at 11–12. In some cases that
inquiry may involve factual issues for the jury,
Chandris,
supra, at 373, but here no relevant facts were in dispute.
Dutra conceded that the
Super Scoop was only temporarily
stationary while Stewart and others were repairing the scow; the
Super Scoop had not been taken out of service, permanently
anchored, or otherwise rendered practically incapable of maritime
transport.
Finally, although Dutra argues that the
Super Scoop is not a “vessel” under §902(3)(G), which is
the LHWCA provision that excludes seamen from the Act’s coverage,
Dutra conceded below that the
Super Scoop is a
“vessel” under §905(b), which is the LHWCA provision that imposes
liability on vessel owners for negligence to longshoremen. The
concession was necessary because the Court of Appeals had
previously held that §905(b)’s use of the term “vessel” is
“ ‘significantly more inclusive than that used for evaluating
seaman status under the Jones Act.’ ” 343 F. 3d, at 13
(quoting
Morehead v.
Atkinson-Kiewit, 97
F. 3d, at 607). The Court of Appeals’ approach is no longer
tenable. The LHWCA does not meaningfully define the term “vessel”
as it appears in either §902(3)(G) or §905(b), see n. 2,
supra, and 1 U. S. C. §3 defines the term “vessel”
throughout the LHWCA.
III
At the time that Congress enacted
the LHWCA and since, Rev. Stat. §3, now 1 U. S. C. §3, has
defined the term “vessel” in the LHWCA. Under §3, a “vessel” is any
watercraft practically capable of maritime transportation,
regardless of its primary purpose or state of transit at a
particular moment. Because the
Super Scoop was engaged in
maritime transportation at the time of Stewart’s injury, it was a
vessel within the meaning of 1 U. S. C. §3. Despite the
seeming incongruity of grouping dredges alongside more traditional
seafaring vessels under the maritime statutes, Congress and the
courts have long done precisely that:
“[I]t seems a stretch of the imagination to class
the deck hands of a mud dredge in the quiet waters of a Potomac
creek with the bold and skillful mariners who breast the angry
waves of the Atlantic; but such and so far-reaching are the
principles which underlie the jurisdiction of the courts of
admiralty that they adapt themselves to all the new kinds of
property and new sets of operatives and new conditions which are
brought into existence in the progress of the world.”
Saylor v.
Taylor, 77 F. 476, 479 (CA4 1896).
The judgment of the Court of Appeals is reversed,
and the case is remanded for further proceedings consistent with
this opinion.
It is so ordered.
The Chief Justice took no part in
the decision of this case.
Footnote 1
The Shipping Act of 1916 defines the term
“vessel” for purposes of the Jones Act. See 46 U. S. C. App.
§801. However, the provision of the Jones Act at issue here,
§688(a), speaks not of “vessels,” but of “seamen.” In any event,
because we have identified a Jones Act “seaman” with reference to
the LHWCA’s exclusion, see 33 U. S. C. §902(3)(G) (“a master
or member of a crew of any vessel”), it is the LHWCA’s use of the
term “vessel” that matters. And, as we explain, the context
surrounding Congress’ enactment of the LHWCA suggests that Rev.
Stat. §3, now 1 U. S. C. §3, provides the controlling
definition of the term “vessel” in the LHWCA.
Footnote 2
As part of its 1972 Amendments to the LHWCA,
Congress amended the Act with what appears at first blush to be a
definition of the term “vessel”: “Unless the context requires
otherwise, the term ‘vessel’ means any vessel upon which or in
connection with which any person entitled to benefits under this
chapter suffers injury or death arising out of or in the course of
his employment, and said vessel’s owner, owner pro hac vice, agent,
operator, charter or bare boat charterer, master, officer, or crew
member.” 33 U. S. C. §902(21). However, Congress enacted this
definition in conjunction with the third-party vessel owner
provision of §905(b). Rather than specifying the characteristics of
a vessel, §902(21) instead lists the parties liable for the
negligent operation of a vessel. See
McCarthy v.
The
Bark Peking, 716 F. 2d 130, 133 (CA2 1983) (§902(21) is
“circular” and “does not provide precise guidance as to what is
included within the term ‘vessel’ ”).
Footnote 3
Congress had used substantially the same
definition before, first in an 1866 antismuggling statute, see §1,
14 Stat. 178, and then in an 1870 statute “provid[ing] for the
Relief of sick and disabled Seamen,” §7, 16 Stat. 170.
Footnote 4
During the 1947 codification, the hyphen was
removed from the word “watercraft.” §3, 61 Stat. 633.
Footnote 5
See,
e.g., The Alabama, 19
F. 544, 546 (SD Ala. 1884) (dredge was a vessel and subject to
maritime liens);
Huismann v.
The Pioneer, 30 F.
206, 207 (EDNY 1886) (dredge was a vessel under §3);
Saylor v.
Taylor, 77 F. 476, 477 (CA4 1896)
(dredge was a vessel under §3, and its workers were seamen);
The International, 89 F. 484, 484–485 (CA3 1898) (dredge
was a vessel under §3);
Eastern S. S. Corp. v.
Great
Lakes Dredge & Dock Co., 256 F. 497, 500–501 (CA1 1919)
(type of dredge called a “drillboat” was a vessel under §3);
Los Angeles v.
United Dredging Co., 14 F. 2d 364,
365–366 (CA9 1926) (dredge was a vessel under §3 and its engineers
were seamen).
Footnote 6
See,
e.g., Jerome B. Grubart,
Inc. v.
Great Lakes Dredge & Dock Co., 513 U. S. 527, 535, and
n. 1 (1995) (indicating that a stationary crane barge was a
“vessel” under the Extension of Admiralty Jurisdiction Act);
Southwest Marine, Inc. v.
Gizoni, 502 U. S. 81, 92 (1991)
(holding that a jury could reasonably find that floating platforms
were “vessels in navigation” under the Jones Act);
Jones &
Laughlin Steel Corp. v.
Pfeifer, 462 U. S. 523, 528–530
(1983) (treating coal barge as a “vessel” under the LHWCA, 33 U.
S. C. §905(b)); cf.
Senko v.
LaCrosse Dredging
Corp., 352 U.
S. 370, 372 (1957) (assuming that a dredge was a Jones Act
vessel);
id., at 375, n. 1 (Harlan, J., dissenting)
(same).
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