Page:United States Statutes at Large Volume 53 Part 2.djvu/574

 PUBLIC LAWS-CH. 316-JULY 17, 1939 serve under authority of that license as master, mate, chief engineer, or assistant engineer on any vessel subject to the inspection laws of the United States. Penalty for viola- "(5) It shall be unlawful to engage or employ any person or for any person to serve as a master, mate, or engineer on any such vessel who is not licensed by the inspectors; and anyone violating this section shall be liable to a penalty of $100 for each offense. Enforcement pro- "(6) If any collector of customs has reason to believe, on com- plaint or otherwise, that a vessel subject to this section and to the regulations established thereunder is about to proceed to the high seas from a port in the United States or any Territory over which the United States exercises jurisdiction, except the Philippine Islands and the Panama Canal Zone, in violation of any provision of this section or of any provision of the Officers' Competency Certifi- cates Convention, 1936, he may, by written order served on the Detention of vessel. master or officer in charge of such vessel, detain her until such time as this section shall have been complied with. Clearance shall be Appeal, efect o. refused to any vessel which shall have been ordered detained. If the vessel be ordered detained the master may, within five days, appeal to the Secretary of Commerce, who may, after investigation, af rm set aside, or modify the order of the collector. vensectiono orein- "(7 Foreign vessels to which the Officers' Competency Certifi- ventionapplies. cates Convention, 1936, applies shall be subject to such inspection, within the jurisdiction of the United States, except the Philippine Islands and the Panama Canal Zone, as may be necessary to determine that there has been a compliance with the terms of the conven- Detention, if breach tion, and in case of any breach of the provisions of the con- of provisions fo. venton y such vessel the collector of customs may, by written order served on the master or officer in charge of such vessel, detain her and refuse clearance to her until such time as the convention Notice to consul o shall have been complied with; the collector shall also immediately country in which ves- eelis registered. notify the consul of the country in which the vessel is registered. Appeal effect of If the vessel be ordered detained the master may, within five days, appeal to the Secretary of Commerce, who may, after investigation, affirm, set aside, or modify the order of the collector. cableto U. S. vessels "(8) No provision of the Officers' Competency Certificates Con- of less than 200 gross vention, 1936, or of this section, shall apply to any vessel of the tons, etc. Ante, p. 554. United States of less than two hundred gross tons, nor shall any provision of that convention or this section be deemed to alter, amend, or repeal any statute of the United States in effect on the effective date of this section with regard to any such vessel. esflatiodl. to be "(9) The Secretary of Commerce shall establish such regulations as may be necessary to secure the enforcement of the provisions of this section by any officer of the United States authorized to enforce the navigation or inspection laws of the United States. gRemaiion or miti- "(10) The Secretary of Commerce or any officer of the Department of Commerce authorized by the Secretary of Commerce may, upon application therefor, remit or mitigate any fine or penalty incurred under this section or any regulation thereunder. Lakeese emnted "((11) No provision of the Officers' Competency Certificates Con- vention, 1936, nor of this section, shall apply to any vessel, how- ever propelled, navigating on the Great Lakes. Terms dened. "(12) Where used in this section- High seas." (a) the term 'high seas' means all waters outside the line 33 U.. c. 015. dividing the inland waters from the high seas, as defined in section 2 of the Act of February 19, 1895; "Unrigged vessel." "(b) the term 'unrigged vessel' means any vessel that is not self-propelled. 1050 [53 STAT.

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