§ 1844. — Burden of proof.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1844]
TITLE 43--PUBLIC LANDS
CHAPTER 36--OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT
SUBCHAPTER II--FISHERMEN'S CONTINGENCY FUND
Sec. 1844. Burden of proof
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, Sec. 404, Sept. 18, 1978, 92 Stat. 688; Pub.
L. 97-212, Sec. 4, June 30, 1982, 96 Stat. 145.)
Amendments
1982--Pub. L. 97-212, Sec. 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, Sec. 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, Sec. 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.
