Sec. 421. DISTANT WATER TUNA FLEET
678 words·~3 min read·
/statute-compilations/comps-18092/sec-421A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 421 DISTANT WATER TUNA FLEET **[**[46 U.S.C. 8103 note](/us/usc/t46/s8103)**]** ###
(a)Manning Requirements ####
(1)In general Notwithstanding section 8103(a) of title 46, United States Code, United States purse seine fishing vessels fishing exclusively for highly migratory species in the treaty area under a fishing license issued pursuant to the 1987 Treaty on Fisheries Between the Governments of Certain Pacific Islands States and the Government of the United States of America, or transiting to or from the treaty area exclusively for such purpose, may engage foreign citizens to meet the manning requirement (except for the master) until the date of expiration of this section if, after timely notice of a vacancy to meet the manning requirement, no United States citizen personnel are readily available to fill such vacancy. ####
(2)Definition In this subsection, the term “**treaty area**” has the meaning given the term in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America as in effect on the date of the enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241). ###
(b)Licensing Restrictions ####
(1)In general Subsection
(a)only applies to a foreign citizen who holds a credential that is equivalent to the credential issued by the Coast Guard to a United States citizen for the position, with respect to requirements for experience, training, and other qualifications. ####
(2)Treatment of credential An equivalent credential under paragraph
(1)shall be considered as meeting the requirements of section 8304 of title 46, United States Code, but only while a person holding the credential is in the service of the vessel to which this section applies. ###
(c)Expiration This section expires on the date the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America ceases to have effect for any party under Article 13.6 of such treaty, as in effect on the date of enactment of the Coast Guard Authorization Act of 2020. ###
(d)Reports Not later than July 1 of each year until the date of expiration of this section, the Coast Guard and the National Marine Fisheries Service shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Resources of the House of Representatives, providing the following information on the United States purse seine fleet referred to in subsection (a): ####
(1)The number and identity of vessels in the fleet using foreign citizens to meet manning requirements pursuant to this section and any marine casualties involving such vessel. ####
(2)The number of vessels in the fishery under United States flag as of January 1 of the year in which the report is submitted, the percentage ownership or control of such vessels by non-United States citizens, and the nationality of such ownership or control. ####
(3)Description of any transfers or sales of United States flag vessels in the previous calendar year, and the disposition of such vessel, including whether the vessel was scrapped or sold, and, if sold, the nationality of the new owner and location of any fishery to which the vessel will be transferred. ####
(4)Landings of tuna by vessels under flag in the 2 previous calendar years, including an assessment of landing trends, and a description of landing percentages and totals— #####
(A)delivered to American Samoa and any other port in a State or territory of the United States; and #####
(B)delivered to ports outside of a State or territory of the United States, including the identity of the port. ####
(5)An evaluation of capacity and trends in the purse seine fleet fishing in the area covered by the South Pacific Regional Fisheries Treaty, and any transfer of capacity from such fleet or area to other fisheries, including those governed under the Western and Central Pacific Fisheries Convention and the Inter-American Tropical Tuna Convention. * * * * * * *
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- Pub. L. 109-241
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources