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43 U.S.C. § 1846 — Burden of proof
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-43/section-1846-burden-of-proof--9ae72fff58.md
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Source location: Title 43, Chapter 36, § 1846; chapter-036-outer-continental-shelf-resource-management.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are to—
(1) establish policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf which are intended to result in expedited exploration and development of the Outer Continental Shelf in order to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade;
(2) preserve, protect, and develop oil and natural gas resources in the Outer Continental Shelf in a manner which is consistent with the need (A) to make such resources available to meet the Nation’s energy needs as rapidly as possible, (B) to balance orderly energy resource development with protection of the human, marine, and coastal environments, (C) to insure the public a fair and equitable return on the resources of the Outer Continental Shelf, and (D) to preserve and maintain free enterprise competition;
(3) encourage development of new and improved technology for energy resource production which will eliminate or minimize risk of damage to the human, marine, and coastal environments;
(4) provide States, and through States, local governments, which are impacted by Outer Continental Shelf oil and gas exploration, development, and production with comprehensive assistance in order to anticipate and plan for such impact, and thereby to assure adequate protection of the human environment;
(5) assure that States, and through States, local governments, have timely access to information regarding activities on the Outer Continental Shelf, and opportunity to review and comment on decisions relating to such activities, in order to anticipate, ameliorate, and plan for the impacts of such activities;
(6) assure that States, and through
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1841
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Federal law — U.S. Code and appendices · legal_authorities
Page 606
TITLE 43—PUBLIC LANDS
§ 1846
1 So in original. Probably should be ‘‘determining—’’.
review of such decision in the United States court of
appeals for the circuit in which the damage occurred,
or if such damage occurred outside of any circuit, in
the United States court of appeals for the nearest cir-
cuit’’.
Statutory Notes and Related Subsidiaries
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 pre-
viously filed claims under certain circumstances, see
section 9 of Pub. L. 97–212, set out as a note under sec-
tion 1841 of this title.
COMPENSATION FOR CERTAIN FISHING VESSEL AND GEAR
DAMAGE; APPLICATION
Authority to owners or operators of fishing vessels
and commercial fishermen failing to make application
for compensation within the time limitations of this
section or section 1980 of Title 22, Foreign Relations
and Intercourse, to make application for compensation
within the 60-day period beginning on Dec. 22, 1980, see
section 240(a), (b)(1) of Pub. L. 96–561, title II, Dec. 22,
1980, 94 Stat. 3300, set out as a note under section 1980
of Title 22.
§ 1846. Repealed. Pub. L. 104–66, title I, § 1021(f),
Dec. 21, 1995, 109 Stat. 713
Section, Pub. L. 95–372, title IV, § 406, Sept. 18, 1978, 92
Stat. 689, directed Secretary to submit annual reports
to Congress setting forth Fishermen’s Contingency
Fund damage descriptions and compensation amounts
and, in first annual report, to evaluate feasibility of (1)
fine or penalty impositions, or (2) bonding require-
ments.
§ 1847. Repealed. Pub. L. 97–212, § 6(a), June 30,
1982, 96 Stat. 147
Section, Pu
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1846
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.