43 U.S.C. § 1844 — Burden of proof

submitted 48 years ago by Pub. L. 95-372 to r/title-43-PUBLIC-LANDS · 207 words · no verdicts yet

in plain englishAI-generated · not legal advice

For a damages claim under this subchapter, the statute presumes that the damage resulted from oil and gas exploration, development, or production when the claimant establishes four specified conditions. Those conditions concern the fishing vessel’s use and location, timely reporting, chart or Notice to Mariners records, and surface markers or lighted buoys.

For a damage claim under this subchapter, the damage is presumed to have resulted from oil-and-gas exploration, development, or production if the claimant proves all of these facts: (1) the commercial fishing vessel was being used for fishing in an area affected by Outer Continental Shelf activities; (2) within 15 days after the vessel first returned to port after finding the damage, someone reported where the material, equipment, tool, container, or other item was and what damage it caused; (3) the latest nautical charts or Notice to Mariners in effect at least 15 days before the damage did not record that item at the location, except that the presumption applies to pipeline damage whether or not the pipeline was recorded; and (4) no proper surface marker or lighted buoy was attached to, or closely anchored to, the item.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 95–372, title IV, § 404, Sept. 18, 1978, 92 Stat. 688; Pub. L. 97–212, § 4, June 30, 1982, 96 Stat. 145.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-372 · 92 Stat. 688
1982Amended · Pub. L. 97-212 · 96 Stat. 145

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-372 on 1978-09-18.

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