LOAD LINES FOR MERCHANT VESSELS 135 



of such vessel and detain the vessel until she has been reloaded in whole 

 or in part so as to conform to the provisions of section 88c or section 

 88d of this title. If a vessel is ordered detained by a collector or Coast 

 Guard district commander, acting under the provisions of this section, 

 the master may within five days appeal to the Commandant of the 

 Coast Guard, who, if he so desires, may order a further survey and 

 may affirm, set aside, or modify the order of the collector or Coast 

 Guard district commander. Clearance shall be refused to any vessel 

 which shall have been ordered detained. The owner and agent of a 

 vessel surveyed and found in violation of sections 88-88i of this title 

 or regulations established thereunder shall bear the costs of the survey 

 in addition to any penalty or fine imposed. 



Penalties for violations of sections 88-88i; seizure of vessels 



46 U.S.C. 88g 



(a) The owner and/or master of any vessel subject to sections 88- 

 88i of this title and the regulations established thereunder shall be 

 liable to the United States in a penalty not to exceed $1,000 whenever 

 the vessel is found operating, navigating, or otherwise in use upon the 

 navigable waters of the United States, in violation of the provisions of 

 sections 88-88i of this title or the regulations established thereunder, 

 or whenever the vessel, if a vessel of the United States, is found operat- 

 ing, navigating, or otherwise in use upon the high seas in violation of 

 the provisions of sections 88-88i of this title or the regulations estab- 

 lished thereunder. Each day a vessel is in violation of the provisions 

 of sections 88-88i of this title shall constitute a separate offense. The 

 Secretary of the Department in which the Coast Guard is operating 

 may assess, collect, remit, and mitigate any penalty imposed under 

 sections 88-88i of this title. 



(b) If the master of any vessel subject to sections 88-88i of this 

 title, or of any foreign vessel exempted pursuant to section 88d of 

 this title, shall fail, before departing from any port or place desig- 

 nated in section 88 of this title, to enter in and make a part of the 

 ship's record or log book the statement required by section 88c of 

 this title, he shall for each offense be liable to the United States in 

 a penalty of $500. The Commandant of the Coast Guard may, in 

 his discretion, remit or mitigate any penalty imposed under this 

 subsection. 



(c) If any person shall knowingly permit or cause or attempt to 

 cause any vessel subject to sections 88-88i of this title to depart or 

 arrive, or if, being the owner, manager, agent, or master of such 

 vessel, he shall fail to take reasonable care to prevent her from 

 departing from or airiving at any port or place designated in sec- 

 tion 88 of this title wxien loaded in violation of section 88c of this 

 title, or if any person shall knowingly permit or cause or attempt 

 to cause a foreign vessel exempted pursuant to section 88d of this 

 title to depart or arrive, or if, being the owner, manager, agent, or 

 master of such vessel he shall fail to take reasonable care to prevent 

 her from departing from or arriving at any port or place designated 

 in section 88 of this title when loaded more deeply than permitted 

 by the laws and regulations of the country to which she belongs, he 

 shall, in respect of each offense, be liable to the United States, in 



