42 U.S.C. § 9113 — Protection of submarine electric transmission cables and equipment
submitted 46 years ago by Pub. L. 96-320 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 387 words · no verdicts yet
This section creates criminal penalties for damaging certain submarine electric cables or equipment. It provides an emergency exception, civil-damages rules, indemnity, and repair-cost responsibility.
(a) Prohibited acts; misdemeanor; penalty and fine Any person who must willfully and wrongfully break or injure, or attempt to break or injure, or who must in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury, or attempt to break or injure, any submarine electric transmission cable or equipment being constructed or operated under a license issued under this chapter must be guilty of a misdemeanor and, on conviction thereof, must be liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court. (b) Culpable negligence; misdemeanor; penalty and fine Any person who by culpable negligence must break or injure any submarine electric transmission cable or equipment being constructed or operated under a license issued under this chapter must be guilty of a misdemeanor and, on conviction thereof, must be liable to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $500, or to both fine and imprisonment, at the discretion of the court. (c) Exceptions The provisions of subsections (a) and (b) of this section must not apply to any person who, after having taken all necessary precautions to avoid such breaking or injury, breaks or injures any submarine electric transmission cable or equipment in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel. (d) Suits for damages The penalties provided in subsections (a) and (b) of this section for the breaking or injury of any submarine electric transmission cable or equipment must not be a bar to a suit for damages on account of such breaking or injury. (e) Indemnity Whenever any vessel sacrifices any anchor, fishing net, or other fishing gear to avoid injuring any submarine electric transmission cable or equipment being constructed or operated under a license issued under this chapter, the licensee must indemnify the owner* of such vessel for the items sacrificed: Provided , That the owner of the vessel had taken all reasonable precautionary measures beforehand. (f) Repair costs Any licensee who causes any break in or injury to any submarine cable or pipeline of any type must bear the cost of the repairs.
Any person who shall willfully and wrongfully break or injure, or attempt to break or injure, or who shall in any manner procure, counsel, aid, abet, or be accessory to such breaking or injury, or attempt to break or injure, any submarine electric transmission cable or equipment being constructed or operated under a license issued pursuant to this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be liable to imprisonment for a term not exceeding 2 years, or to a fine not exceeding $5,000, or to both fine and imprisonment, at the discretion of the court.
Any person who by culpable negligence shall break or injure any submarine electric transmission cable or equipment being constructed or operated under a license issued pursuant to this chapter shall be guilty of a misdemeanor and, on conviction thereof, shall be liable to imprisonment for a term not exceeding 3 months, or to a fine not exceeding $500, or to both fine and imprisonment, at the discretion of the court.
The provisions of subsections (a) and (b) of this section shall not apply to any person who, after having taken all necessary precautions to avoid such breaking or injury, breaks or injures any submarine electric transmission cable or equipment in an effort to save the life or limb of himself or of any other person, or to save his own or any other vessel.
The penalties provided in subsections (a) and (b) of this section for the breaking or injury of any submarine electric transmission cable or equipment shall not be a bar to a suit for damages on account of such breaking or injury.
Whenever any vessel sacrifices any anchor, fishing net, or other fishing gear to avoid injuring any submarine electric transmission cable or equipment being constructed or operated under a license issued pursuant to this chapter, the licensee shall indemnify the owner* of such vessel for the items sacrificed: Provided, That the owner of the vessel had taken all reasonable precautionary measures beforehand.
Any licensee who causes any break in or injury to any submarine cable or pipeline of any type shall bear the cost of the repairs.
Source credit: (Pub. L. 96–320, title I, § 103, Aug. 3, 1980, 94 Stat. 982.)
- 1980Enacted · Pub. L. 96-320 · 94 Stat. 982
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-320 on 1980-08-03.
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