595 



so loaded as to submerge the prescribed loadline, 

 or to submerge the point where an appropriate load- 

 line under the subchapter and the prescribed regula- 

 tions should be marked. 



(b) The master of a vessel subject to this sub- 

 chapter shall, after loading but before departing for 

 a voyage by sea from any port or place in which 

 this subchapter applies, record in the official logbook 

 or other permanent record of the vessel a statement 

 of the relative position of the prescribed loadline 

 mark applicable at the time in question with respect 

 to the water surface, and, of the actual draft of the 

 vessel, forward and aft, at the time, as nearly as they 

 may be ascertained. (Pub. L. 93-115, § 9, Oct. 1, 1973, 

 87 Stat. 419.) 



§ 86h. Detention of vessels. 



(a) Reasonable belief; notice to master or officer in 

 charge of vessel ; detention order. 



When the Secretary has reason to believe that a 

 vessel is about to leave a port in the United States. 

 or its possessions in violation of this subchapter or 

 the regulations hereunder, the Secretary may. upon 

 notifying the master or officer in charge of the 

 vessel, order the vessel detained. 



(b) Clearance; refusal or withdrawal. 



Clearance required by section 91 of this title shall 

 be refused or withdrawn from any vessel so detained 

 until correction of deficiencies. 



(c) Petition for review; regulations. 



The master or officer in charge of a vessel may 

 petition the Secretary, in a manner prescribed by 

 regulation, to review the detention order. 



(d) Administrative determination. 



Upon receipt of a petition, the Secretary may 

 withdraw the detention order, modify it, or require 

 independent surveys as may be necessary to deter- 

 mine the extent of deficiencies. Upon completion 

 of his review, including results of any required inde- 

 pendent surveys he shall affirm, set aside, or modify 

 the detention order. 



(e) Liability of owner for costs. 



The owner of a vessel is liable for any costs inci- 

 dent to a petition for review and any independent 

 surveys if the vessel is found to be in violation of 

 this subchapter or the regulations hereunder. (Pub. 

 L. 93-115, § 10. Oct. 1, 1973, 87 Stat. 420.) 



§ 86i. Penalties for violations. 



(a) Civil liability for violations of subchapter; sep- 

 arate violations. 



Except as otherwise provided in this section, the 



owner and the master of a vessel found in violation 

 of this subchapter or the regulations thereunder, 

 are each liable to a civil penalty of not more than 

 $1,000 for each day the vessel is in violation. 



(b) Civil liability for section 86g(a) violations. 



Each person, if the owner, manager, agent, or 

 master of a vessel who knowingly allows, causes, 

 attempts to cause, or fails to take reasonable care 

 to prevent the violation of section 86g(a) of this 

 title or the regulations thereunder, is liable to a civil 

 penalty of not more than $1,000 plus an additional 

 amount of not more than $500 per inch of unlawful 

 submergence. 



(c) Civil liability for section 86g(b) violations. 



For any violation of subsection (b) of section 86g 

 of this title or the regulations thereunder, the master 

 of the vessel is liable to a civil penalty of not more 

 than $500. 



(d) Criminal liability for departures in violation of 

 detention orders. 



Any person who knowingly causes or permits the 

 departure of a vessel from any port or place within 

 the jurisdiction of the United States or its posses- 

 sions in violation of a detention order pursuant to 

 section 86h of this title, shall be fined not more than 

 $1,000 or imprisoned not more than one year, or both. 



(e) Criminal liability for concealment, removal, altera- 

 tion, defacement, or obliteration of vessel marks, 

 lawful changes; wartime escape from enemy cap- 

 ture. 



Any person who causes or allows the concealment, 

 removal, alteration, defacement, or obliteration of 

 any mark placed on a vessel pursuant to section 86c 

 of this title and the regulations thereunder, except 

 in the event of a lawful change or to escape enemy 

 capture in time of war, shall be fined not more than 

 $2,000 or imprisoned not more than two years or 

 both. 



(f) Liability of vesseL 



For any penalty under this section the vessel Is 

 also liable. 



(g) Administrative assessment, collection, remission, 

 mitigation, or compromise. 



The Secretary may assess and collect any civil 

 penalty incurred under this subchapter and, in his 

 discretion, reinit, mitigate, or comprise any penalty 

 prior to referral to the Attorney General. (Pub. L. 

 93-115, § 11, Oct. 1, 1973. 87 Stat. 420.) 



22. Load Lines for Vessels Engaged in Coastwide Trade 



46 U.S.C. 88 



§88. Establishment; vessels affected; exemptions. 



(a) Load lines are established for merchant vessels 

 of one hiindred and fifty gross tons or over, load- 

 ing at or proceeding to sea from any port or place 

 within the United States or its possessions for a 

 coastwise voyage by sea. By "coastwise voyage by 



sea" is meant a voyage on which a vessel in the usual 

 course of her employment preceeds from one port or 

 place in the United States or her possessions to an- 

 other port or place in the United States or her pos- 

 sessions and passes outside the line dividing Inland 

 waters from the high seas, as defined in section 151 



