La. Admin. Code tit. 43 § I-1509

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1509 - Claims-General Form and Content

A. The Fishermens Gear Compensation Fund shall be limited to the payment of no more than two claims for damage or loss of fishing gear filed by claimants during a fiscal year applicable to the department (July 1-June 30). Claims must be received by the Program within the period indicated. A single claim may not exceed $5,000, but in no event shall any payment of a claim exceed the amount of gross income earned by the claimant from fishing endeavors in the year preceding the claim. Claims shall be by affidavit, signed by the claimant on forms furnished by the department when available and shall contain, in addition to the requirements of §1507 herein, the following information:

1. the name, mailing address, telephone number, citizenship, and occupation of the claimant;

2. the name, address, and telephone number of each person representing the claimant in pursuing the claim;

3. the name of the fishing vessel involved, its type, size, homeport and, its U.S. Coast Guard documentation number and/or state registration number;

4. a statement of the type of fishing operation being conducted and a description of how the encounter occurred;

5. if an amount is claimed, the claim shall include:

a. the nature and extent of the damage and loss suffered; a photograph, or series of photographs of vessel damage which must show the claimed damage while still on the vessel, and a photograph, or series of photographs, that show the registration/documentation number and/or name of the vessel; a detailed description of the gear involved and where pertinent, a list of components such as size, type, grade, etc.; In the instance of a total loss of gear, a photograph or series of photographs are required from the place on the vessel where the gear was lost and where the gear would normally be attached, except in the circumstance of a total loss of nets in which the claimant will provide documentation and evidence to support the loss;

b. the amount claimed together with proof of ownership of the gear which was damaged or lost on the obstruction. Proof of ownership must include: paid receipts which are completely filled out including the date, full name, address and telephone of the seller along with the claimants name and/or address together with proof of payment such as copies of money orders or bank cashier's checks for the gear; affidavits; or other evidence. No receipts paid by "cash" will be accepted for gear purchased after the effective date of this rule except for receipts from bona fide businesses in possession of a commercial or business permit/license, which was in effect at the time of the sale or repair, or a notarized affidavit from a business owner or chief executive officer of the business supporting the validity of the sale or repair. Claimants that made or repaired the damaged gear shall submit a notarized statement that he or she made his or her own gear along with paid receipts for the materials. If all damaged gear was original to the vessel when it was purchased or acquired, a copy of the bill of sale of the boat or subsequent notarized statement to the effect that all gear was original to the boat including date vessel was acquired, full name of seller, and sale price must be included;

c. the date, place and cost of acquisition of the gear damaged or lost;

d. an estimate from a commercial fishing gear repair or supply company, of the present replacement cost of the fishing gear and the repair cost of the fishing gear (if it is repairable). If fishing gear of the type damaged is usually made or repaired by the claimant, an estimate from a commercial fishing gear repair or supply company for the materials required to make the gear together with a notarized statement from the claimant that he or she makes his or her own gear may be used;

e. if the fishing gear is repaired or replaced before an award is made under this Part a copy of the invoice or receipt for the repair or replacement of the fishing gear; and the estimated salvage value of the fishing gear that is not repairable;

6. a detailed statement of the efforts made by claimant to identify, locate and collect damages for his loss from the person financially responsible therefore accompanied by copies of all correspondence related thereto;

7. a claim shall be deemed invalid if the claimant cannot, for any reason, produce the documentation required by this Section.

B. Written claims required by this Section shall be filed by claimant on or before 60 days from the due date of the initial report of damage or loss required by §1505 of these regulations.

C. The regulatory authority shall include the information received pursuant to this Section in the file established for the claimant. If the claimant's file is deemed to be incomplete or otherwise to contain insufficient information for proper disposition of the claim, the claimant shall be notified in writing within five days of such determination, and the additional information needed shall be requested. No claim shall be processed, nor funds paid, until the regulatory authority has received all information necessary to a proper disposition thereof.

D. Damages or losses which are covered by valid insurance or the federal Fishermen's Contingency Fund ( 50 CFR Part 296) shall not be reimbursable from the fund. No claimant shall include within a claim submitted any amounts for which such claimant has received or is entitled to receive reimbursement under an insurance policy or the federal program.

La. Admin. Code tit. 43, § I-1509

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:515 (August 1980), amended LR 21:957 (September 1995), amended by the Office of Coastal Management, LR 40:1944 (October 2014), LR 41:150 (January 2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:700.3.