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Title 46 — Shipping

Part F · Chapter 87 — Unlicensed Personnel

§ 8704. Alien deemed to be employed in the United States

Statutory 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).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987

    Pub. L. 100–239 § 5(f)(1) · 101 Stat. 1778

    Enacted · 46 U.S.C. § 8704

    Added Pub. L. 100–239, § 5(f)(1), Jan. 11, 1988, 101 Stat. 1781

    Source evidence

    Code source credit
    Added Pub. L. 100–239, § 5(f)(1), Jan. 11, 1988, 101 Stat. 1781

    Enacted provision · exact public law section
    (1) Chapter 87 of title 46, United States Code, is amended by adding at the end the following new section: “§ 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 Fishery Conservation and Management Act (16 U.S.C. 1802).”.

  2. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 div. A title I § 101(a)(tII)(s211)(b) · 110 Stat. 3009

    Substituted · 46 U.S.C. § 8704(2)

    Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.

    Enacted provision · exact public law section
    (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

    Effective date note
    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.

2 of 2 references resolved to an enrolled provision

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)], , 110 Stat. 3009, 3009–41, provided that the amendment made by that section is effective 15 days after .

Construction

Pub. L. 100–239, § 5(f)(3), , 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 “”] 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 [].”

Credits

1988–1996 · 2 acts
  1. 1988Added Pub. L. 100–239, § 5(f)(1), , 101 Stat. 1781
  2. 1996amended Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], , 110 Stat. 3009, 3009–41.
Show as published

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

Parsed from the official OLRC USLM XML in data/usc_all/usc46.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t46/s8704