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-1501 - Statutory Authorization and Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The Fisherman's Gear Compensation
				  Program is designed to compensate commercial fishermen whose fishing gear,
				  equipment, or vessels are damaged by underwater obstructions in the Louisiana
				  coastal zone and claims are subject to the requirements of these guidelines and
				  all guidelines must be complied with.
B. Definitions. As used in these regulations
				  the following terms and phrases shall have the definition ascribed to them.
Claimant
-any vessel owner who files a
					 claim under the provisions of these regulations and
					 R.S.
					 56:700.1-700.5.
Commercial Fisherman
-any citizen of the
					 state of Louisiana who possesses a valid Louisiana residential commercial
					 fishing license and who derives a primary source of his or her income from the
					 harvesting of living marine resources for commercial purposes.
Department
-the Louisiana Department of
					 Natural Resources and regulatory authority means the secretary thereof and the
					 personnel appointed or employed thereby who administer the commercial
					 Fishermen's Gear Compensation Fund.
Fishing Gear
-any licensed marine vessel
					 and any equipment, whether or not attached to a vessel, in which are used in
					 the handling or harvesting of commercial marine resources. Crab traps are
					 expressly excluded from the definition.
Fund
-the Fisherman's Gear Compensation
					 Fund.
Hearing Examiner
-the person(s) employed or
					 appointed by the regulatory authority to conduct hearings, take oral and
					 written testimony from claimants and other witnesses, and make recommendations
					 to the regulatory authority on the validity and payment of claims.
Obstruction
-any object, obstacle,
					 equipment or device located in state water within the geographical boundary of
					 the fund, set forth in
					 R.S.
					 49:214.24 whether natural or man-made;
					 provided that this definition shall not be applied to obstructions floating on
					 the surface which could be avoided by a reasonably prudent fisherman.
Primary Source of Income
-that source of
					 revenue earned by a claimant from commercial fishing endeavors which is deemed
					 by the regulatory authority to constitute a fundamental source of such
					 claimant's annual earned income. Annual earned income shall be income earned
					 from all sources reportable on state and federal income tax returns. Any
					 claimant who presents satisfactory proof that at least 50 percent of his or her
					 annual income in the year preceding the year of the claim was earned from
					 commercial fishing endeavors shall be deemed to derive a primary source of his
					 or her income therefrom.
Satisfactory Proof
-as it relates to
					 demonstrating a primary source of income, a certified copy of state and federal
					 income tax returns together with related financial data. In the case of a
					 claimant being a corporation, a certified copy of the state and federal
					 corporate tax return shall be submitted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 56:700.3.