Page:United States Statutes at Large Volume 101 Part 3.djvu/483

 PUBLIC LAW 100-239—JAN. 11, 1988

101 STAT. 1781

"(C) any other alien allowed to be employed under the Immigration and Naturalization Act (8 U.S.C. 1101 et seq.). "(2) Not more than 25 percent of the unlicensed seamen on a vessel subject to paragraph (1) of this subsection may be aliens referred to in clause (C) of that paragraph. "(3) This subsection does not apply to 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)).". (2) This subsection is effective 360 days after the day of the Effective date. enactment of this Act. 46 USC 8103 (e) Section 8702(b) of title 46, United States Code, is amended by "o*®striking "depart from a port of the United States" and substituting "operate". (f)(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) The table of sections at the beginning of that chapter is amended by adding at the end the following new item:

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

(3) With respect to an alien who is deemed to be employed in the 46 USC 8704 United States under section 8704 of title 46, United States Code (as note. amended by this subsection), the term "date of the enactment of this section" as used in section 274A(i) of the Immigration and Nationality Act means the date 180 days after the enactment of this section. " SEC. 6. CONFORMING PROVISIONS.

(a) Title 46, United States Code, is amended as follows: (1) Section 2101 is amended by adding after paragraph 10 the following new paragraph: "(10a) 'Exclusive Economic Zone' means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983.". (2) Section 121060t)) is amended to read as follows: "(b) Subject to the laws of the United States regulating the coastwise trade, only a vessel for which a coastwise license or an appropriately endorsed registry is issued may be employed in the coastwise trade.". (3) Section 12106 is amended by inserting a new subsection (d) after subsection (c) as follows: "(d) On application of the owner of a vessel that qualifies for a Great Lakes license under section 12107 or a fishery license under section 12108 of this title, the Secretary may issue an endorsement

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