LAC 43:I.1501. Statutory Authorization and Definitions

A. General. The Fishermen’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. Charter Boat Fisherman―any citizen of the state of Louisiana who possesses a valid Louisiana Charter Boat Fishing Guide License and who derives a primary source of his or her income from operating a Louisiana charter boat fishing guide business. Claimant―any vessel owner who files a claim under the provisions of these regulations and R.S. 30:101.1 – 30.101.15 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 Conservation and Energy and regulatory authority means the secretary thereof and the personnel appointed or employed thereby who administer the commercial Fishermen's Gear Compensation Program. Fishing Gear―any licensed marine or licensed charter 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. 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 Program, 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 charter boat or commercial fisherman. Primary Source of Income―that source of revenue earned by a claimant from charter or 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. Program―the Fisherman's Gear Compensation Program. Satisfactory Proof―as it relates to demonstrating a primary source of income, a copy of state and federal income tax returns together with related financial data. In the case of a claimant being a corporation, a copy of the state and federal corporate tax return shall be submitted.