Page:United States Statutes at Large Volume 101 Part 3.djvu/482

 101 STAT. 1780

PUBLIC LAW 100-239—JAN. 11, 1988

application for documentation acceptable to the Secretary filed before July 28, 1987. Aliens.

Effective date. 46 USC 8103 note.

SEC. 5. MANNING REQUIREMENTS.

(a)(1) Section 8103(a) of title 46, United States Code, is amended by inserting "radio officer," after "chief engineer,". (2) Section 8103(b) of title 46, United States Code, is amended to read as follows: "(b)(1) Except as otherwise provided in this section, on a documented vessel— "(A) each unlicensed seaman must be a citizen of the United States or an alien lawfully admitted to the United States for permanent residence; and "(B) not more than 25 percent of the total number of unlicensed seamen on the vessel may be aliens lawfully admitted to the United States for permanent residence. "(2) Paragraph (1) of this subsection does not apply to— "(A) a yacht; "(B) a fishing vessel 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)); and "(C) a fishing vessel fishing outside of the exclusive economic zone. "(3) The Secretary may waive a citizenship requirement under this subsection, other than a requirement that applies to the master of a documented vessel, with respect to— "(A) an offshore supply vessel or other similarly engaged vessel of less than 1,600 gross tons that operates from a foreign port; "(B) a mobile offshore drilling unit or other vessel engaged in support of exploration, exploitation, or production of offshore mineral energy resources operating beyond the water above the outer Continental Shelf (as that term is defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)); and "(C) any other vessel if the Secretary determines, after an investigation, that qualified seamen who are citizens of the United States are not available.". (3) Paragraph (2) of this subsection is effective 30 days after the date of enactment of this Act. (b) Subsection (c) and (d)(1) of section 8103 of title 46, United States Code, are each amended by striking "from the United States". (c) Section 8103(e) of title 46, United States Code, is amended— (1) by inserting "and the radio officer" after "the master"; and (2) by striking "until the vessel's first return to a United States port at which" and substituting "until the vessel's return to a port at which in the most expeditious manner". (d)(1) Section 8103 of title 46, United States Code, is amended by adding at the end the following: "(i)(l) Except as provided in paragraph (3) of this subsection, each unlicensed seaman on a fishing, fish processing, or fish tender vessel that is engaged in the fisheries in the navigable waters of the United States or the exclusive economic zone must be— "(A) a citizen of the United States; "(B) an alien lawfully admitted to the United States for permanent residence; or

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