
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC8704]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
                       Part F--Manning of Vessels
 
                    CHAPTER 87--UNLICENSED PERSONNEL
 
Sec. 8704. Alien deemed to be employed in the United States

    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).

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


                               Amendments

    1996--Par. (2). Pub. L. 104-208 substituted ``Magnuson-Stevens 
Fishery'' for ``Magnuson Fishery''.


                    Effective Date of 1996 Amendment

    Section 101(a) [title II, Sec. 211(b)] of div. A of Pub. L. 104-208 
provided that the amendment made by that section is effective 15 days 
after Oct. 11, 1996.


                              Construction

    Section 5(f)(3) of Pub. L. 100-239 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].''
