Terms Used In Louisiana Revised Statutes 30:101.12

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Fishing gear: means any vessel and any equipment, whether or not attached to a vessel, which is used in the commercial handling or harvesting of living marine resources. See Louisiana Revised Statutes 30:101.3
  • Secretary: means the secretary of the Department of Energy and Natural Resources or his authorized representatives. See Louisiana Revised Statutes 30:101.3
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

            A. In carrying out the provisions of this Part applicable to compensation to commercial fishermen for damage to their fishing gear, the secretary shall prescribe, and from time to time amend, regulations for the filing, processing, and the fair and expeditious settlement of claims pursuant to this Part, including a time limitation on the filing of such claims and the appointment of a hearing examiner. These regulations shall ensure that the whole claim procedure is as simple as possible. Any designee of the secretary authorized to prescribe and amend such rules and regulations shall do so under the overall supervision and control of the secretary.

            B. In the promulgation of regulations pursuant to this Part, the secretary shall establish a procedure whereby a fisherman may recover for damages from an obstruction encountered previously.

            C. Any rule, regulation, or guideline shall be proposed or adopted pursuant to the rulemaking procedures set forth in the Administrative Procedure Act.

            Acts 2022, No. 100, §2, eff. July 1, 2023.

NOTE: See La. Rev. Stat. 30:101.15 regarding the termination of Part after June 30, 2027.

  Previous section
Next section  
 Part VIII Contents