43 U.S.C. § 1844: Burden of proof

Summary

You get a presumption that your damages were caused by oil and gas exploration, development, or production if you prove four things. The boat was a commercial fishing vessel actually fishing in an area affected by Outer Continental Shelf activities. You reported where the thing that damaged you was and what the damage was within 15 days after the vessel first returned to port after you found the damage. The latest nautical charts and the Notice to Mariners in effect at least 15 days before the damage did not show that item there (but for pipeline damage the presumption applies whether or not charts showed the pipeline). There was no proper surface marker or lighted buoy attached to or closely anchored to the item.

Title 43, §1844

Public Lands, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Pub. L. 97–212, § 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, § 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, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment 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.

§1844 Burden of Proof