as may be directed by the Commandant of the Coast Guard. The Commandant of the Coast Guard may, in his discretion, revoke any appointment made pursuant to this section. Such corporation, association, or officer shall, upon approving the position and manner of marking of such load line or lines, issue a certificate, in a form to be prescribed by the Commandant of the Coast Guard, that the same are in accordance with the provisions of sections 85-85g of this title and of the regulations established thereunder, and shall deliver a copy thereof to the master of the vessel. It shall be unlawful for any vessel subject to this act and to said regulations to depart from any port or place designated in section (1) without bearing such mark or marks, approved and certified by such corporation, association, or officer, and without having on board a copy of said certificate.

Vessels so loaded as not to submerge lines or marks

46 U.S.C. 85c

It shall be unlawful for any vessel subject to sections 85-85g of this title and to the regulations established thereunder to be so loaded as to submerge, in sea water, the load line or lines marked pursuant to said sections and to the regulations established thereunder applicable to her voyage; or so as to submerge under like conditions the point where such load line or lines ought to be marked pursuant to the provisions of said sections and of the regulations established thereunder; or so as in any manner to violate the said regulations.

Foreign vessels; application of sections 85-85g

46 U.S.C. 85d

Whenever the Commandant of the Coast Guard shall certify that the laws and regulations in force in any foreign country relating to load lines are equally effective with the regulations established under sections 85-85g of this title, the Commandant of the Coast Guard may direct, on proof that a vessel of that country has_complied with such foreign laws and regulations, that such vessel and her master and owner shall be exempted from compliance with the provisions of this act, except as hereinafter provided: Provided, That this section shall not apply to the vessels of any foreign country which does not similarly recognize the load lines established under this act and the regulations made thereunder.

Recordation by masters of vessels of position of load line mark and actual drafts

46 U.S.C. 85e

It shall be the duty of the master of every vessel subject to sections 85-85g of this title and to the regulations established thereunder and of every foreign vessel exempted pursuant to section 85d of this title, before departing from her loading port or place for a voyage by sea, to enter in the official log book of such vessel a statement of the position of the load-line mark applicable to the voyage in question and the actual drafts forward and aft at the time of departing from port as nearly as the same can be ascertained.

Detention of vessels loaded in violation of sections 85-85g 46 U.S.C. 85f

If any collector of customs or Coast Guard district commander has reason to believe, on complaint or otherwise, that a vessel subject to sections 85-85g of this title and to the regulations established thereunder is about to proceed to sea from a port in the United States or its possessions within his district when loaded in violation of section 85c of this title, or that any vessel exempted pursuant to section 85d of this title is about to proceed to sea from such port when loaded in violation of the laws and regulations of her country with respect. to load line, he may by written order served on the master or officer in charge of such vessel detain her provisionally for the purpose of being surveyed. The collector or Coast Guard district commander shall then serve on the master a written statement of the grounds of her detention and shall appoint three disinterested surveyors to examine the vessel and her loading and to report to him, whereupon the said collector or Coast Guard district commander may release or may by written order served on the master or officer in charge of such vessel detain the vessel until she has been reloaded in whole or in part so as to conform to section 85c of this title; or, in case of a vessel exempted pursuant to section 85d of this title, so as to conform to the laws and regulations of her own country with respect to load line. If the vessel be ordered detained, the master may, within five days, appeal to the Commandant of the Coast Guard, who may, if he desires, 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 this Act or regulations established thereunder shall bear the costs of the survey in addition to any penalty or fine imposed. Penalties for violations of sections 85-85g

46 U.S.C. 85g

(a) The owner and/or master of any vessel subject to sections 85-85g 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 85-85g of this title or the regulations established thereunder, or whenever the vessel, if a vessel of the United States, is found operating, navigating, or otherwise in use upon the high seas in violation of the provisions of sections 85-85g of this title or the regulations established thereunder. Each day a vessel is in violation of the provisions of sections 85-85g 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 85-85g of this title.

(b) If the master of any vessel subject to sections 85-85g of this title and to the regulations established thereunder, or of any foreign vessel exempted pursuant to section 85d of this title, shall fail, before departing from her loading port or place, to enter in the official log book of such vessel the statement required by section

85e of this title, he shall for each offense be liable to the United States in a penalty of $500.

(c) If any person shall knowingly permit or cause or attempt to cause any vessel subject to sections 85-85g of this title and to the regulations established thereunder to depart, 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 her loading port or place when loading in violation of section 85c of this title, or if any person shall knowingly permit or cause or attempt to cause a foreign vessel exempted pursuant to section 85d of this title to depart, 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 her loading port or place 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 a penalty of $1,000 plus a sum computed at the rate of $500 per inch of draft in excess of the vessel's applicable load line.

(d) If the master of any vessel or any other person shall knowingly permit or cause or attempt to cause any vessel to depart from any port or place in the United States or its possessions in violation of any order of detention made pursuant to section 85f of this title, he shall, in respect of each offense, be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed three months, or both such fine and imprisonment, in the discretion of the court.

(e) If any person shall conceal, remove, alter, deface, or obliterate or shall suffer any person under his control to conceal, remove, alter, deface, or obliterate any mark or marks placed on a vessel pursuant to sections 85-85g of this title or to the regulations established thereunder, except in the event of lawful change of said marks, or to prevent capture by an enemy, he shall in respect of each offense be guilty of a misdemeanor and shall be punished by a fine not to exceed $2,000, or by imprisonment not to exceed one year, or both such fine and imprisonment, in the discretion of the court.

(f) Whenever the owner, manager, agent, or master of a vessel shall become subject to a fine or penalty by way of money payment pursuant to the provisions of sections 85-85g, the vessel shall also be liable therefor and may be seized and proceeded against in the district court of the United States in any district in which such vessel may be found.

LOAD LINES FOR VESSELS ENGAGED

IN COASTWISE TRADE

Establishment; vessels affected

46 U.S.C. 88

Load lines are established for merchant vessels of one hundred any fifty gross tons or over, loading at or proceeding to sea from any port or place within the United States or its possessions for a coast wise voyage by sea. By "coastwise voyage by sea" is meant a voyage on which a vessel in the usual course of her employment proceeds from one port or place in the United States or her possessions to another port or place in the United States or her possessions and passes outside the line dividing inland waters from the high seas, as defined in section 151 of Title 33.

Determination of load water lines

46 U.S.C. 88a

The Secretary of the department in which the Coast Guard is operating is hereby authorized and directed in respect of the vessels defined above to establish by regulations from time to time the load water lines and marks thereof indicating the maximum depth to which such vessels may safely be loaded. Such regulations shall have the force of law. In establishing such load lines due consideration shall be given to, and differentials made for, the various types and character of vessels and the trades in which they are engaged. In establishing load water lines on passenger vessels due consideration shall be given to, and differentials shall be made for, the age and condition of the vessel, its subdivision and efficacy thereof, and the probable stability of the vessel if damaged: Provided, That the load-line provisions of sections 88-88g of this title shall apply to the Great Lakes: Provided further, That no load line shall be established or marked on any vessel, which load line in the judgment of the Secretary is above the actual line of safety.

Marking lines on vessels; approval of marks; certificate 46 U.S.C. 88b

It shall be the duty of the owner and of the master of every vessel subject to sections 88-88i of this title and to the regulations established thereunder to cause the load line or lines so established to be permanently and conspicuously marked upon the vessel in such manner as the Commandant of the Coast Guard shall direct, and to keep the same so marked. The Commandant of the Coast Guard shall appoint the American Bureau of Shipping, or such other American corporation or association for the survey or registry of shipping as may be selected by him, to determine whether the position and manner of marking on such vessels the load line or lines so established are in accordance with the provisions of said sections and of the regulations established thereunder: Provided, however, That, at the request of the shipowner, the Commandant of the Coast

Guard may appoint, for the purpose aforesaid, any other corporation or association for the survey or registry of shipping which the Commandant of the Coast Guard may approve; or the Commandant of the Coast Guard may appoint for said purpose any officer of the Government, who shall perform such services as may be directed by the Commandant of the Coast Guard. The Commandant of the Coast Guard may, in his discretion, revoke any appointment made pursuant to this section. Such corporation, association, or officer shall, upon approving the position and manner of marking of such load line or lines, issue a certificate, in a form to be prescribed by the Commandant of the Coast Guard, that the same are in accordance with the provisions of said sections and of the regulations established thereunder, and shall deliver a copy thereof to the master of the vessel. It shall be unlawful for any vessel subject to said sections and to said regulations to depart from any port or place designated in sections 88 of this title without bearing such mark or marks, approved and certified by such corporation, association, or officer, and without having on board a copy of said certificate. Vessels so loaded as not to submerge lines or marks 46 U.S.C. 88c

It shall be unlawful for any vessel subject to sections 88-881 of this title and to the regulations established thereunder to be so loaded as to submerge the load line or lines marked pursuant to this Act and to the regulations established thereunder applicable to her voyage; or to be so loaded as to submerge under like conditions the point where such load line or lines ought to be marked pursuant to the provisions of sections 88-88i of this title and of the regulations established thereunder; or to be so loaded as in any manner to violate the said regulations.

Foreign vessels; application of sections 88-88i

46 U.S.C. 88d

Whenever the Commandant of the Coast Guard shall certify that the laws and regulations in force in any foreign country relating to load lines are equally effective with the regulations established under sections 88-88i of this title, the Commandant of the Coast Guard may direct, on proof that a vessel of that country has complied with such foreign laws and regulations, that such vessel and her master and owner shall be exempted from compliance with the provisions of such sections, except as hereinafter provided: Provided, That this section shall not apply to the vessels of any foreign country which does not similarly recognize the load lines established under said sections and the regulations made thereunder.

Recordation by masters of positions of load lines and actual draft

46 U.S.C. 88e

It shall be the duty of the master of every vessel subject to sections 88-881 of this title and to the regulations established thereunder and of every foreign vessel exempted pursuant to section 88d of