cfr_sections
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15 rows where part_number = 296 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:11.0.1.8.9.0.1.1 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.1 Purpose. | NOAA | These regulations implement title IV of the Outer Continental Shelf Lands Act Amendments of 1978, as amended (title IV). Title IV establishes a Fishermen's Contingency Fund to compensate commercial fishermen for damage or loss caused by obstructions associated with oil and gas activities on the Outer Continental Shelf. | ||||||
| 50:50:11.0.1.8.9.0.1.10 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.10 Agency review. | NOAA | (a) Within 30 days after the Chief, FDS, issues an initial determination, the claimant, or any other interested person who submitted evidence relating to the initial determination, may ask the Assistant Administrator, NMFS, or his designee, for a review of the initial determination. (b) The petitioner may submit written or oral evidence within 30 days of filing the petition for review. | ||||||
| 50:50:11.0.1.8.9.0.1.11 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.11 Final determination. | NOAA | (a) If a petition for review of an initial determination is filed within 30 days after the date the Chief, FSD, issues an initial determination, the Assistant Administrator, NMFS, or his designee will conduct a review of the initial determination, and will issue a final determination no later than 60 days after receipt of the request for review of the initial determination. (b) If a petition for review of an initial determination is not filed within 30 days after the day on which the Chief, FSD, issues an initial determination, the initial determination will become a final determination. | ||||||
| 50:50:11.0.1.8.9.0.1.12 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.12 Payment of costs. | NOAA | (a) By person denying responsibility for damage. Any person who is notified by the Interior Department and fails to respond or denies responsibility for the damages claimed will pay the costs of the proceedings if such person is subsequently found to be responsible for the damage claimed. (b) By the claimant. Any claimant who files a claim will pay the cost of the proceedings if such person is subsequently found to be responsible for the damage claimed. (c) By person denying responsibility for damage and the claimant. If more than one party is found to have responsibility for the damage claimed, then the cost of the proceedings will be apportioned between them. | ||||||
| 50:50:11.0.1.8.9.0.1.13 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.13 Payment of award for claim. | NOAA | [61 FR 6322, Feb. 20, 1996] | (a) Upon an initial determination, the Chief, Financial Services Division, shall immediately disburse the claim awarded if the claimant signed as part of his/her application a statement agreeing to repay all or any part of the award if the award should for any reason be subsequently reduced. (b) [Reserved] | |||||
| 50:50:11.0.1.8.9.0.1.14 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.14 Subrogation. | NOAA | [47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6323, Feb. 20, 1996] | (a) The claim application will contain a subrogation statement signed by the claimant as a condition of payment of the claim which: (1) Assigns to the Fund the claimant's rights against third parties; and (2) Provides that the claimant will assist the Fund in any reasonable way to pursue those rights. (b) Collection of subrogated rights. If a reasonable chance of successful collection exists, NMFS will refer any subrogated rights to the Justice Department for collection. (c) Any moneys recovered through subrogation shall be deposited into the Fund. | |||||
| 50:50:11.0.1.8.9.0.1.15 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.15 Judicial review. | NOAA | Any claimant or other person who is aggrieved by a final determination may, no later than 30 days after the determination, seek judicial review of the determination in the United States District Court for such judicial district as may be mutually agreeable to the parties concerned or, if no agreement can be reached, in the United States District Court for the judicial district in which the claimant's home port is located. | ||||||
| 50:50:11.0.1.8.9.0.1.2 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.2 Definitions. | NOAA | [47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6322, Feb. 20, 1996] | Area affected by Outer Continental Shelf activities means the area within a 3-mile radius of any casualty site which: (1) Includes any portion of a leased block, pipeline, easement, right of way, or other OCS oil and gas exploration, development, or production activity; or (2) Is otherwise associated (as determined by the Chief, Financial Services Division) with OCS oil and gas activities, such as, for example, expired lease areas, relinquished rights-of-way or easements, and areas used extensively by surface vessels supporting OCS oil and gas activities (areas landward of the OCS are included when such areas meet this criterion). Chief, FSD means Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396. Citizen of the United States means any person who is a United States citizen, any State, or any corporation, partnership, or association organized under the laws of any state which meets the requirements for documenting vessels in the U.S. coastwise trade. Commercial fisherman means any citizen of the United States who owns, operates, or is employed on a commercial fishing vessel. Commercial fishing vessel means any marine craft which is documented under the laws of the United States or, if under five net tons, registered under the laws of any State, and used for commercial fishing or activities directly related to commercial fishing. Easement means a right of use or easement granted under 30 CFR 250.18. Fish means all forms of marine animal and plant life other than marine mammals, birds, and highly migratory species. Fishing gear means any commercial fishing vessel, and any equipment of such vessel. Fund means the Fishermen's Contingency Fund established by title IV of the Outer Continental Shelf Lands Act Amendments of 1978. Holder means the owner of record of each lease, prelease exploratory drilling permit, easement, or right-of-way or any agent or assignee of an owner. Lease means any authority un… | |||||
| 50:50:11.0.1.8.9.0.1.3 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.3 Fishermen's contingency fund. | NOAA | (a) General. There is established in the Treasury of the United States the Fishermen's Contingency Fund. The Fund is available without fiscal year limitation as a revolving fund to carry out the purposes of title IV of the Outer Continental Shelf Lands Act Amendments of 1978, as amended. (b) Payments into the fund. Each Holder of an exploration permit, lease, easement, or rights-of-way for the construction of a pipeline, or a prelease exploration drilling permit issued or maintained under the Outer Continental Shelf Lands Act, in effect on or after June 30, 1982, shall pay assessments to the Fund. All pipeline right-of-way and easements are to be included for assessment except those constructed and operated lines within the confines of a single lease or group of contiguous leases under unitized operation or single operator. Payments will not be required for geological or geophysical permits, other than prelease exploratory drilling permits issued under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340). (1) Assessments to maintain the fund. When the total amount in the Fund is less than the Chief, FSD, determines is needed to pay Fund claims and expenses, the Chief, FSD, will notify the Secretary of the Interior that additional assessments are needed. (2) Billing and collections. The Secretary of the Interior will calculate the amounts to be paid by each Holder and shall notify each Holder of the dollar amount and the time and place for all payments. Each assessment shall be paid to the Secretary of the Interior no later than 45 days after the Secretary of the Interior sends notice of the assessment. (3) Annual assessment limits. No Holder shall be required to pay in excess of $5,000 for any lease, permit, easement or right-of-way in any calendar year. (c) Moneys recovered through subrogation. Any moneys recovered by the Secretary through the subrogation of a claimant's rights shall be deposited into the Fund. (d) Investments of the fund. Excess sums in the Fund will be inves… | ||||||
| 50:50:11.0.1.8.9.0.1.4 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.4 Claims eligible for compensation. | NOAA | [47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985; 61 FR 6322, Feb. 20, 1996] | (a) Claimants. Damage or loss eligible for Fund compensation must be suffered by a commercial fisherman. (b) Damage or loss of fishing gear. Damage or loss is eligible for Fund compensation if it was caused by materials, equipment, tools, containers, or other items associated with OCS oil and gas exploration, development, or production activities. Damage or loss may be eligible for compensation even though it did not occur in OCS waters if the item causing the damage or loss was associated with oil and gas exploration, development, or production activities in OCS waters. (c) Exceptions. Damage or loss is not eligible for Fund compensation: (1) If the damage or loss was caused by the negligence or fault of the claimant; (2) If the damage or loss occurred prior to September 18, 1978; (3) To the extent that damage or loss exceeds the replacement value of the fishing gear involved; (4) For any portion of the damage or loss which can be compensated by insurance; (5) If the claim is not filed within 90 calendar days of the date the claimant or the claimant's agent first became aware of the damage or loss (or such longer period as the Secretary may allow under unusual and extenuating circumstances); or (6) If the damage or loss was caused by an obstruction unrelated to OCS oil and gas exploration, development, or production activities. | |||||
| 50:50:11.0.1.8.9.0.1.5 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.5 Instructions for filing claims. | NOAA | [47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985; 53 FR 24645, June 29, 1988; 61 FR 6322, Feb. 20, 1996] | (a) Fifteen-day report required to gain presumption of causation —(1) General. Damages or losses are presumed to be qualified for compensation if certain requirements are satisfied. One requirement is that a report must be made to NMFS within fifteen (15) days after the date on which the vessel first returns to a port after discovering the damage or loss. Filing of a fifteen-day report must be followed up by filing a detailed claim. (2) When and how to file a fifteen-day report. To qualify for the presumption of causation, a fifteen-day report must be made to NMFS within fifteen days after the date on which the vessel first returns to a port after discovering the damage or loss. Satisfaction of the fifteen-day requirement is determined by the postmark, if the report is mailed; by the date of a call, if the report is telephoned or radiotelephoned; or, by the date of appearance, if the report is made in person. The fifteen-day report must be made to the Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; telephone: (301) 713-2396. (3) Contents of fifteen-day report. Each fifteen-day report must include the following information: (i) The claimant's name and address; (ii) The name of the commercial fishing vessel involved; (iii) The location of the obstruction which caused the damage or loss; (iv) A description of the nature of the damage or loss; (v) The date such damage or loss was discovered; (vi) If the fifteen-day report is made after the vessel returns to port, the date on which the vessel first returned to port after discovering the damage. (b) Form of claim. Claims must be in writing. Claims may be submitted on NOAA form 88-164. This form may be obtained from any NMFS regional office or from the Chief, FSD. Although claimants are not required to use this claim form, it will probably be to their benefit to do so. (c) Who must file and when and where to file claims. All claimants (including those who filed 15-day reports to… | |||||
| 50:50:11.0.1.8.9.0.1.6 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.6 NMFS processing of claims. | NOAA | [47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6322, Feb. 20, 1996] | (a) Action by NMFS. Upon receipt of a claim, the Chief, FSD, will: (1) Send an abstract of the claim to the Secretary of the Interior; (2) Send the reported location of any obstruction which was not recovered and retained to the National Ocean Survey, which will inform the Defense Mapping Agency Hydrographic/Topographic Center. (b) Actions by the Interior Department. Upon receipt of an abstract of a claim, the Interior Department will immediately: (1) Plot the casualty site, and advise NMFS whether the site is in an area affected by OCS activities; (2) make reasonable efforts to notify all persons known to have engaged in activities associated with OCS energy activity in the vicinity where the damage or loss occurred. (c) Responses to notice of claim. (1) Each person notified by the Interior Department will, within thirty days after receipt of the notice, advise the Chief, FSD, and the Interior Department whether he admits or denies responsibility for the damages claimed. (2) Each person notified by the Interior Department who fails to give timely and proper advice of admission or denial of responsibility shall be presumed to deny responsibility for the damages claimed. (3) If any person admits responsibility, the Chief, FSD, will initiate action to recover from that party any sums paid or to be paid for the claimed damages. (4) Any person referred to in this section, including lessees or permittees or their contractors or subcontractors, may submit evidence about any claim to the Chief, FSD. (d) Failure to meet filing requirements. The Chief, FSD, may reject any claim that does not meet the filing requirements. The Chief, FSD, will give a claimant whose claim is rejected written notice of the reasons for rejection within 30 days after the date on which the claim was filed. If the claimant does not refile an acceptable claim within 30 days after the date of this written notice, the claimant is not eligible for Fund compensation unless there are extenuating circumstances. (e) Proceedings —(1) … | |||||
| 50:50:11.0.1.8.9.0.1.7 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.7 Burden of proof and presumption of causation. | NOAA | (a) Burden of proof. The claimant has the burden to establish, by a preponderance of the evidence, all facts necessary to qualify his claim, including: (1) The identity or nature of the item which caused the damage or loss; and (2) That the item is associated with oil and gas exploration, development, or production activities on the Outer Continental Shelf. (b) Presumption of causation. Notwithstanding the above, damages or losses are presumed to be caused by items associated with oil and gas exploration, development, or production activities on the OCS if the claimant establishes that: (1) The claimant's commercial fishing vessel was being used for commercial fishing and was located in an area affected by OCS oil and gas exploration, development, or production activities; (2) A report on the location of the obstruction which caused such damage or loss, and the nature of such damage or loss, was made within fifteen days after the date on which the vessel first returned to a port after discovering such damage; (3) There was no record on the most recent nautical charts issued by the National Ocean Survey, NOAA, or in any weekly Notice to Mariners issued by the Defense Mapping Agency Hydrographic/Topographic Center, in effect at least 15 days before the date the damage or loss occurred, then an obstruction existed in the immediate vicinity where the damage or loss occurred. In the case of damages caused by a pipeline, the presumption will be available regardless of whether the pipeline was recorded on charts or in the Notice to Mariners; and (4) There was no proper surface marker or lighted buoy attached, or closely anchored, to such obstruction. (c) Geographic exclusion from presumption of causation. Damage or loss occurring within a one-quarter mile radius of obstructions recorded on charts or in a Notice to Mariners, or properly marked, is presumed to involve the recorded or marked obstruction. | ||||||
| 50:50:11.0.1.8.9.0.1.8 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.8 Amount of award. | NOAA | [47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985] | (a) Actual damages. The award for damaged fishing gear will be the lesser of the gear's repair cost or replacement cost. The award for lost fishing gear will be the gear's replacement cost. (b) Consequential damages. An award may also include compensation for any damage or loss (except personal injury) that is incurred as a consequence of the fishing gear damage or loss. (c) Resulting economic loss. An award may also include 50 percent of the resulting economic loss from damage to or loss of fishing vessels and gear. (d) Attorney, CPA, consultant fees. An award may also include compensation for reasonable fees paid by the claimant to an attorney, CPA, or other consultant for the preparation or prosecution of a claim. (e) Negligence of claimant. (1) An award will be reduced to the extent that the loss or damage was caused by the negligence or fault of the claimant. (For example, a claimant who sustained $10,000 in damages and whose negligence or fault was found to be responsible for 40% of the damage would receive $6,000 in compensation. If the same claimant were responsible for 99% of the negligence or fault that caused the damage, the claimant would receive $100 in compensation). (2) Negligence of the owner or operator of the fishing vessel or gear will reduce crewmember awards to the same extent that it reduces an award to the vessel's owner or operator. (f) Insurance proceeds. An award will be reduced by the amount the claimant has, or reasonably would have, received under a commercial policy of full hull and machinery and protection and indemnity insurance, whether or not such insurance was in effect at the time the casualty occurred. | |||||
| 50:50:11.0.1.8.9.0.1.9 | 50 | Wildlife and Fisheries | II | K | 296 | PART 296—FISHERMEN'S CONTINGENCY FUND | § 296.9 Initial determination. | NOAA | The Chief, FSD will make an initial determination on a claim within 60 days after the day on which the claim is accepted for filing. The initial determination will state: (a) If the claim is disapproved, the reason for disapproval, or (b) If the claim is approved, the amount of compensation and the basis on which the amount was determined. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);