§ 1844. Burden of proof
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/usc/title-43/section-1844A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.)
Connections3 cite this · traces to 2
Cited by 3 sections
statutes-at-large
- Public Law 97–212To improve the operation of the Fishermen’s Contingency Fund established to compensate commercial fishermen for damages resulting from oil and gas exploration, development, and production in areas of the Outer Continental Shelf
- Public Law 95–372To establish a policy for the management of oil and natural gas in the Outer Continental Shelf; to protect the marine and coastal environment; to amend the Outer Continental Shelf Lands Act; and for other purposes
Traces to 2 documents
9 references not yet in our index
- Pub. L. 95–372, title IV, § 404
- 92 Stat. 688
- Pub. L. 97–212, § 4
- 96 Stat. 145
- Pub. L. 97–212, § 4(1)
- Pub. L. 97–212, § 4(2)
- Pub. L. 97–212, § 4(3)
- Pub. L. 97–212
- section 9 of Pub. L. 97–212
Citation graph
cites case law
§ 1844
Burden of proof
Stat.×2
Bills×1
Pub. L.Pub. L. 95–372, title IV, § 404
Stat.92 Stat. 688
Pub. L.Pub. L. 97–212, § 4
Stat.96 Stat. 145
Pub. L.Pub. L. 97–212, § 4(1)
Cites 11 · showing 7Cited by 3 across 2 sources