La. Admin. Code tit. 43, § 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.
Notes
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