46 U.S.C. § 8704 — Alien deemed to be employed in the United States

FEDERAL · 46 U.S.C. · Chapter 87

Alien deemed to be employed in the United States

46 U.S.C. § 8704

Chapter87 — UNLICENSED PERSONNEL

This text of 46 U.S.C. § 8704 (Alien deemed to be employed in the United States) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

46 U.S.C. § 8704.

Text

An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that—

(1)is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and

(2)is not engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

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An alien is deemed to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) if the alien is an unlicensed individual employed on a fishing, fish processing, or fish tender vessel that—
(1) is a vessel of the United States engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone; and
(2) is not engaged in fishing exclusively for highly migratory species (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).

Source Credit

History

(Added Pub. L. 100–239, §5(f)(1), Jan. 11, 1988, 101 Stat. 1781; amended Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.)

Editorial Notes

Editorial Notes

Amendments
1996—Par. (2). Pub. L. 104–208 substituted "Magnuson-Stevens Fishery" for "Magnuson Fishery".

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment
Pub. L. 104–208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after Oct. 11, 1996.

Construction
Pub. L. 100–239, §5(f)(3), Jan. 11, 1988, 101 Stat. 1781, provided that: "With respect to an alien who is deemed to be employed in the United States under section 8704 of title 46, United States Code (as amended by this subsection), the term 'date of the enactment of this section' [translated as "November 6, 1986"] as used in section 274A(i) of the Immigration and Nationality Act [former 8 U.S.C. 1324a(i)] means the date 180 days after the enactment of this section [Jan. 11, 1988]."

Historical and Revision Notes
Chapter 89 provides for the manning of freight vessels, small passenger vessels, uninspected passenger vessels, and towing vessels. It permits a licensed operator to be in charge of a vessel in lieu of a licensed master or pilot. It also sets forth exemption and civil penalties.

Editorial Notes

Amendments
1986—Pub. L. 99–307, §1(14)(A), May 19, 1986, 100 Stat. 446, substituted "Self-propelled, uninspected" for "Uninspected" in item 8903.

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Bluebook (online)

46 U.S.C. § 8704, Counsel Stack Legal Research, https://law.counselstack.com/usc/46/8704.