
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9113]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
               CHAPTER 99--OCEAN THERMAL ENERGY CONVERSION
 
 SUBCHAPTER I--REGULATION OF OCEAN THERMAL ENERGY CONVERSION FACILITIES 
                             AND PLANTSHIPS
 
Sec. 9113. Protection of submarine electric transmission cables 
        and equipment
        

(a) Prohibited acts; misdemeanor; penalty and fine

    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) Culpable negligence; misdemeanor; penalty and fine

    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) Exceptions

    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) Suits for damages

    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) Indemnity

    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) Repair costs

    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.

(Pub. L. 96-320, title I, Sec. 103, Aug. 3, 1980, 94 Stat. 982.)

                  Section Referred to in Other Sections

    This section is referred to in section 9152 of this title.
