Page 55 - claims information pack ebook_e

Guidelines for presenting claims in the fisheries, mariculture and fish processing sector

2. Who can claim?

2.1 Anybody who has suffered losses due to oil to show that he/she has suffered a financial
pollution in one of the Member States of the loss due to the pollution and that this loss
1992 Fund caused by an oil tanker can claim has a close link to contamination due to oil.
compensation for these losses. In this booklet, Generally, the further away from an oil spill that
however, only claims from the fisheries sector you normally operate, the less likely you are to
(fish catching, fish farming, mariculture and other receive compensation. However, the 1992 Fund
businesses related to fishing) are considered. considers a number of factors when deciding on
2.2 For a claim to be successful, the person who is the validity of a claim. Some such factors are
making the claim (the claimant) must be able set out in the table below.

6 Factors considered during assessment Questions to ask yourself before submitting a claim

Is the business in the area which was directly contaminated by the oil?
The area and extent of contamination will vary from ● If you are a fisherman, is the contamination in
incident to incident, depending on a wide range of the area where you usually fish?
factors. Claims are not accepted solely on the grounds ● If you operate a fish farm, did the oil actually
that a pollution incident occurred. However, if a reach your farm?
business is located on or close to an affected coast,
and has suffered loss caused by contamination, then it
may be admissible for compensation.

How much does the business depend on the area, or resources, that were contaminated?
If the fishing is not so good in another area, or if ● If you fish, could you fish somewhere else that
it costs you more to fish there (for example, extra was not contaminated by the oil?
fuel for the boat) then these extra costs can be ● Does your business generate its profits from
compensated. fishing activities undertaken in the area, e.g. a
supplier of ice for fish markets etc.

Can you obtain alternative sources of supply to reduce your losses?
If fishing activities are interrupted or disrupted ● If you are a fish merchant or processor, has the
because of an oil spill, you may be able to obtain demand for fish decreased as a result of loss of
supplies from other non-affected areas so that you confidence in the produce?
can continue to operate. If you incur extra costs, for ● If you are a fish merchant or processor, can you
example, by buying fish from a non-polluted area, get supplies of fish from other areas?
these extra costs can be compensated.
Does the business form an important part of the economy of the area affected by oil?
Fishing can provide business opportunities on which ● Do you employ people from the area?
local residents rely, such as transporting the catch ● Does your business create work for people
to wholesalers, local processing of fish, purchase of in the area?
nets, bait, ice, fuel etc. If fishing is suspended due
to pollution, then any loss of income from impacted ● Does it source products from other businesses
that are located in the area?
individuals may be considered a valid claim. Generally,
if the claimant is able to demonstrate his/her ability to
generate other significant economic activities in the
area, then it is likely to be considered an important part
of the economy.