Decision ID: 003560

In June 2009 the 1992 Fund Executive Committee endorsed the Director’s intention to follow the course of action set out below for surveying and assessing claims in the hand gatherers and subsistence fishery sectors who would be divided in three groups: The first group would consist of those fishermen who were in possession of a valid fishing licence, permit or registration at the date of the incident and who were capable of proving the loss or damage suffered. The second group would consist of fishermen who the Korean Government considered to be genuine even if they did not have a valid registration at the time of the incident and/or were not capable of proving the loss or damage suffered. This group was identified as persons who were resident and lived in the affected areas, had obtained a registration following the incident and had no alternative means of revenue. The assessment of these claims would be carried out in accordance with the Fund’s Guidelines for the assessment of claims in the subsistence and artisanal fisheries sector. The third group would consist of fishermen who had claimed compensation but did not fall within the first or second group. The claims belonging to this group would be rejected, unless the claimant could prove that he had suffered a loss as a result of the contamination. The Committee also endorsed the Director’s position that he intended to reject, in principle, claims submitted by fishermen not in possession of a valid license or permit where such license or permit was legally required.

Date: 31.05.2009
Category: Pure economic loss (fisheries and mariculture)
Subjects: Loss of income from fishing due to contamination of fishing grounds or imposition of fishing bans, Fishery claims unsupported by documentary evidence of losses, Assessment of quantum