Claims to the OSLTF must be: (a) in writing for a sum certain (33 C.F.R. §136.105(b)), (b) 

submitted to the NPFC within three years after the date on which the injury and its connection 

with the incident were reasonably discoverable (33 C.F.R. §136.101(a)), and (c) presented first to 

the RP or guarantor and that claim is denied or not settled by payment by any person within 90 

days after the date the claim was presented before presentment to the NPFC (33 U.S.C. 

§2713(c)(2); except as noted in 33 C.F.R. §136.103(a)). 

Specific Claim Requirements

The claims regulations (33 C.F.R. §136) provide additional requirements for claims to the 

OSLTF. Specifically, each claim for loss of subsistence use of natural resources must: 

1) be for lost subsistence use and submitted by an eligible claimant;

2) identify and describe the actual subsistence use of each specific natural resource for 

which compensation is being claimed;

3) describe how and to what extent the claimant’s subsistence use was affected by injury to 

or loss of each specific natural resource;

4) describe efforts to mitigate the subsistence use loss;

5) be based on the reasonable cost to replace the lost subsistence use of natural resources; 

and

6) be reduced by the amount of all compensation made available to the claimant to 

compensate for the loss, all income which was derived by utilizing the time which 

otherwise would have been used to obtain the subsistence resources, and any avoided 

costs associated with the subsistence activity, such as gas for vehicles or boats, bait, and 

other overhead costs not incurred due to the spill.

OPA and the claims regulations also provide that the use of natural resources by the public is a 

type of damage that can only be claimed by designated federal, state, or tribal trustees. For the 

Deepwater Horizon spill, this would be each of the Gulf coastal states, National Oceanic and 

Atmospheric Administration, and U.S. Department of the Interior.

NPFC has provided more detail about these claim requirements at: 

http://www.uscg.mil/npfc/Claims/DWH_faqs.asp. 

Claim Submission and Documentation

The NPFC received your Optional OSLTF Claim Form on 26 September 2011, on which you 

assert that you were unable to recreationally fish and supplement your diet because fish and other 

seafood were allegedly deemed unfit for human consumption for months. The claim form you 

submitted did not include a sum certain. On 27 September 2011, you faxed a sum certain of 

$4,870 to the NPFC to complete your claim submission. No other supporting documentation 

was included with your claim.

NPFC Determination

The NPFC finds that you:

(1) are not an authorized claimant under OPA to seek compensation for the value that you 

place on your ability to fish recreationally (such losses can only be claimed by a 

designated natural resource trustee), and
(2) have not met your burden of proving a subsistence use loss as defined by OPA (33 U.S.C. 

2701 et seq.) and the OPA claims regulations (33 C.F.R. Part 136). Specifically, you 

have not: 

a) established that you suffered a loss of subsistence use of natural resources as a result 

of the spill (i.e., you provide no evidence to support your claim that you had a pattern 

of subsistence use of natural resources, and that you suffered subsistence use losses 

due to the oil spill); nor

b) explained or documented how you determined your claimed loss of $4,870 (i.e., the 

period of your claimed loss and the actual costs incurred to replace your claimed loss 

or documentation to establish reasonable estimates of replacement costs based on 

your pattern of subsistence use).

Accordingly, your claim is denied.

Request for Reconsideration

Under OPA, you may ask the NPFC to reconsider this determination. Reconsideration requests 

must be received by the NPFC in writing within 60 days of the date of this letter, and will be 

based upon the additional factual or legal information that you provide with your request. A 

claim may be reconsidered only once, and written disposition of a reconsideration request 

constitutes final agency action. If the NPFC fails to issue a written decision within 90 days after 

receipt of a request for reconsideration, this determination, at the option of the claimant, shall be 

deemed final agency action. 

Should you choose to request NPFC reconsideration of this determination, please mail the 

request and additional claim information with the appropriate claim number (N10036-1450) to:

Chief (Cn)

National Pollution Funds Center

U.S. Coast Guard, Stop 7100

4200 Wilson Boulevard, Suite 1000

Arlington, VA 20598-7100 

If you have any questions about reconsideration, please feel free to contact the NPFC at the 

above address or by phone at 

 

Sincerely, 

Natural Resource Damage Claims Division

National Pollution Funds Center

U.S. Coast Guard