Page 34 - claims information pack ebook_e
P. 34
1992 Fund Claims Manual October 2016 Edition
3.2.5 Specific information should be itemised 3.3.3 In some instances natural and cultivated
as follows: stocks of fish, shellfish and other marine
products may become contaminated with
● Extent of pollution damage to property and
oil to such an extent that governments,
an explanation of how the damage occurred.
due to human health concerns, impose
● Description and photographs of items temporary fishing and harvesting bans.
destroyed, damaged or needing cleaning, Owners of mariculture facilities may suffer
repair or replacement (for example boats, losses as a result of the interruption of
fishing gear, roads, clothing), including feeding, growth or normal stocking cycles.
their location. If the level of contamination is not sufficient
to cause health concerns, fishermen and
● Cost of repair work, cleaning or
fish cultivators may nevertheless impose
replacement of items.
their own temporary bans to protect
● Age of damaged items replaced. markets. Owners of fish processing facilities
● Cost of restoration after clean up, such may suffer losses due to the contamination
32 as repair of roads, piers and embankments of premises and equipment or shortages
damaged by the clean-up operations, with of supply due to interruption of fishing and
information on normal repair schedules. mariculture activities.
3.3 CLAIMS FOR 3.3.4 Claims for economic loss not resulting
from property damage, for example from
ECONOMIC LOSS businesses that depend directly on the
IN THE FISHERIES, fisheries and mariculture activities (including
MARICULTURE AND suppliers of fuel and ice, fish porters, fish
wholesalers and retailers), qualify for
FISH PROCESSING compensation only if the loss was caused by
SECTORS contamination. In other words, a claim is not
accepted solely because a pollution incident
occurs. All claims in the fisheries, mariculture
Scope of compensation and fish processing sectors should satisfy the
3.3.1 Compensation is payable in the fisheries, general criteria set out in Section 2. However,
mariculture and fish processing sectors for in order for a claim for pure economic loss to
loss of earnings by the owners of property be accepted for compensation there should
contaminated by oil (consequential loss). be a sufficiently close link of causation
For example, fishermen whose gear between the contamination and the loss or
becomes contaminated may suffer loss damage. When considering whether such
of income for the period when they are a close link exists, account is taken of the
prevented from fishing pending the gear following factors:
being cleaned or replaced. ● The geographic proximity of the claimant’s
3.3.2 However, losses can also be suffered by business activity to the contaminated
persons whose property has not been area (for example whether a fisherman
contaminated by oil (pure economic loss). operates predominantly in the affected
For example, fishermen whose gear does area or whether a fish farm or processing
not become contaminated may decide not facility is located on or very close to the
to go fishing in order to prevent their gear affected coast).
and catch becoming contaminated ● The degree to which a claimant’s business
resulting in economic loss. is economically dependent on an affected
