La. Admin. Code tit. 43 § I-1505

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

Section I-1505 - Claim Filing Procedure-Initial Reports

1. Within 30 days of encountering an obstruction in state waters covered by the fund, from which damage or loss to fishing gear is sustained and for which a written claim will be made for reimbursement from the fund, as otherwise provided in §1509 of these regulations, the commercial fisherman encountering the obstruction shall notify the regulatory authority, orally or in writing, and provide the following information:

a. claimant's name, address and telephone number;

b. the name and registration number of the commercial fishing vessel involved;

c. the Louisiana residential commercial fishing license number of the claimant;

d. the location of the vessel and obstruction at the time of encounter by one of the methods described in §1507 of these regulations whenever possible;

e. the date and time of day that the obstruction was encountered;

f. identification of the nature of the obstruction; and

g. a description of the nature of the damage or loss sustained for which a written claim will be made and the estimated amount, in dollars, of the damage or loss, if known.

2. The requirements of the initial notice may be waived in whole or in part by the regulatory authority for good cause shown.

B. Upon receipt of the information required by Subsection A above, the regulatory authority shall establish a file in the name of the commercial fisherman, containing all of the information above. On a map showing all state waters covered by the fund, the regulatory authority shall indicate the location or approximate location of the obstruction, physically and by coordinates, if available.

C. Pending receipt of the written claim, as otherwise required herein, the regulatory authority shall attempt to ascertain the lessees or grantees of rights of state water bottoms proximate to the location of the obstruction on which the obstruction was encountered and furnish their names to the claimant.

D. The regulatory authority may devise procedures for informing commercial fishermen of the location of all obstructions reported. Such procedures may include periodic dissemination of maps containing such information; the placement of buoys or markers at the site of such obstruction; or such other means as the regulatory authority deems reasonable.

La. Admin. Code tit. 43, § I-1505

Promulgated by the Department of Natural Resources, Office of the Secretary, LR 6:515 (August 1980).

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