---
kind: "section"
citation: "46 C.F.R. § 28.1100"
title: "46"
number: "28.1100"
heading: "General."
url: "https://uscodex.org/cfr/46/28.1100"
---

# §28.1100. General.

- (a) As set forth in [46 U.S.C. 8103](/usc/46/8103.md), a citizenship requirement, other than a requirement that applies to the master of a documented vessel, on commercial fishing vessels may be waived for unlicensed seamen when qualified seamen who are citizens of the United States are not available. Under the provisions of this subpart, the Coast Guard approves or denies requests for a waiver of the citizenship requirement from owners, operators, or employers seeking to exceed the 25 percent limit applicable to unlicensed seamen aboard fishing industry vessels who are non-permanent resident aliens authorized for employment in the United States under the Immigration and Nationality Act (INA) ([8 U.S.C. 1101](/usc/8/1101.md) et seq.).
- (b) This subpart does not apply to a fishing vessel fishing exclusively for highly migratory species (as that term is defined in [section 3](/cfr/46/3.md) of the Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1802](/usc/16/1802.md))).
- (c) The regulations in this subpart have preemptive effect over State or local regulation within the same field.

## Notes

### Source

Source: USCG-2010-0625, 79 FR 8869, Feb. 14, 2014, unless otherwise noted.

### Authority

Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 8103, 10603; DHS Delegation 00170.1, Revision No. 01.4.

### Source

Source: CGD 88-079, 56 FR 40393, Aug. 14, 1991, unless otherwise noted.