§9113 — Title 42 The Public Health and Welfare | U.S. Code

Summary

People must not willfully damage or try to damage submarine electric transmission cables or related equipment that are being built or used under a license under this law. If someone does this on purpose, it is a crime punishable by up to 2 years in jail, a fine up to $5,000, or both. If the damage is from culpable negligence, it is a crime punishable by up to 3 months in jail, a fine up to $500, or both. If a person, after taking all needed precautions, breaks a cable to save a life, limb, or a vessel, they are not criminally liable. Criminal penalties do not stop civil lawsuits for damages. If a vessel loses an anchor, fishing net, or other gear to avoid hitting a licensed cable, the license holder must pay for the lost items if the vessel took reasonable precautions. Any license holder who causes a break or damage to a submarine cable or pipeline must pay the cost to repair it.

Title 42, §9113

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

(d)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.

(e)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.

(f)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (b), and (e), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

§9113 Protection of submarine electric transmission cables and equipment