Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part I - Office of the Secretary › Subpart 1 - General › Chapter 15 - Administration of the Fisherman's Gear Compensation Fund › Section I-1509 - Claims-General Form and Content

Current through Register Vol. 50, No. 6, June 20, 2024
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.