43-U.S.C.-1844
§1844 – Burden of Proof
Pathway
Title 43 > Chapter 36 > Subchapter II > Section 1844
Details
- Reference: Section 1844
- Legend: §1844 – Burden of Proof
- USCode Year: 2013
Provision Content
With respect to any claim for damages filed under this subchapter, there shall be a presumption that such damages were due to activities related to oil and gas exploration, development, or production if the claimant establishes that—
(1) the commercial fishing vessel was being used for fishing and was located in an area affected by Outer Continental Shelf activities;
(2) a report on the location of the material, equipment, tool, container, or other item which caused such damages and the nature of such damages was made within fifteen days after the date on which the vessel first returns to a port after discovering such damages;
(3) there was no record on the latest nautical charts or Notice to Mariners in effect at least 15 days prior to the date such damages were sustained that such material, equipment, tool, container, or other item existed where such damages occurred, except that in the case of damages caused by a pipeline, the presumption established by this section shall obtain whether or not there was any such record of the pipeline on the damage date; and
(4) there was no proper surface marker or lighted buoy which was attached or closely anchored to such material, equipment, tool, container, or other item.
(Pub. L. 95–372, title IV, §404, Sept. 18, 1978, 92 Stat. 688; Pub. L. 97–212, §4, June 30, 1982, 96 Stat. 145.)
Amendments
1982—Pub. L. 97–212, §4(1), substituted under this subchapter for pursuant to this subchapter and damages were due to activities related to oil and gas exploration, development, or production for claim is valid in provisions preceding par. (1).
Par. (2). Pub. L. 97–212, §4(2), substituted fifteen days after the date on which the vessel first returns to a port after discovering such damages for five days after the date on which such damages were discovered.
Par. (3). Pub. L. 97–212, §4(3), inserted the latest after no record on, struck out the before Notice to Mariners, and substituted in effect at least 15 days prior to the date for on the date and where such damages occurred, except that in the case of damages caused by a pipeline, the presumption established by this section shall obtain whether or not there was any such record of the pipeline on the damage date for in such area.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–212 applicable with respect to claims for damages filed on or after June 30, 1982, with the Secretary of Commerce under section 1845(a) of this title, with provision for the refiling of previously filed claims under certain circumstances, see section 9 of Pub. L. 97–212, set out as a note under section 1841 of this title.
U.S. Encyclopedia of Law Coverage
43-U.S.C.-1844 in the Legal Encyclopedia: Public Lands
In this entry about 43-U.S.C.-1844, find legal reference material, bibliographies and premiere content related to public lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States public lands-specific issues, written by authorities in the field.
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