No BP oil spill settlement for recreational fishermen
Published: Saturday, April 21, 2012, 4:39 AM Updated: Monday, April 23, 2012, 7:57 AM
View full sizeFILE - Bags of oil collected by clean up crews that washed up on the coastline of Dauphin Island, Ala. Tuesday June 1, 2010 as oil leaking from the Deepwater Horizon wellhead continues to spread in the Gulf of Mexico. Since the explosion and sinking of the Deepwater Horizon rig, a disaster scenario has emerged with millions of gallons of crude oil spewing unchecked into the Gulf and moving inexorably northward to the coast. (Press-Register, John David Mercer) Everybody except recreational fishermen.
In the settlement, provisions are made to compensate businesses, commercial fishermen, oystermen, shrimpers, people who lost the use of waterfront property, people who lost wages, and a group described as “subsistence fishermen.”
While the document does not clearly define subsistence fishermen, it specifically excludes the majority of people who buy saltwater fishing licenses in the Gulf states.
“Those who fish or hunt solely for pleasure or sport are not eligible to make claims for subsistence, regardless of whether or not they consume their catch,” reads the settlement.
Case law associated with previous oil spill settlements suggests that only fishermen whose annual income is near the poverty line or Native Americans in coastal tribes will qualify, said Steve Mullins, a Mississippi attorney and the former head of the Mississippi chapter of the Coastal Conservation Association.
“Think of it this way: the guy that sells you the bait, he’s covered. The guy that sells you fuel, he’s covered. The tackle guy is covered. The state that sold you the license is covered. The fishing guides are covered. The charter boat guys are covered. The rod and reel repair guy is covered. Everybody in this process is covered but the recreational fisherman,” Mullins said.
“Is that equitable? No. Everybody has a legitimate claim in the process except the recreational fishermen.”
For those who qualify as subsistence fishermen, the settlement offers 2.25 times the retail value of the lost catch during 2010. With flounder, redfish and black drum commanding prices up to $10 per pound at seafood markets, the settlement could generate thousands of dollars for those who qualify.
No settlement money for people owning 2010 fishing license
More than 700 people flocked to the New Birth Community Church in west Mobile on Friday for an “informational meeting” on the settlement. Many were carrying copies of their 2010 fishing licenses, drawn by a rumor that BP was offering a $10,000 settlement to anyone who purchased a saltwater license the year of the oil spill.
Hundreds of people turned out for a similar meeting at a Citronelle church last week, also clutching licenses, and state officials reported a large uptick in the number of people requesting copies of their 2010 permits in the past three weeks.
“I’ve heard it, but it is obviously not true,” attorney Mike Espy said Friday of the rumor. “There is no $10,000 for producing a fishing license.”
Espy, a former member of the U.S. Congress, was one of 15 plaintiffs’ attorneys chosen by U.S. District Judge Carl Barbier to help craft the new settlement document. At the Friday meeting, he explained the claims process to people, and offered to sign them up as clients of his firm, Orlando-based Morgan and Morgan.
Asked to explain the distinction between subsistence fishermen and the rest of the license holders, Espy described it as “technical” and said he was unsure how to answer the question.
“Clearly, you have to fish to feed your family,” Espy said. “There are only two types of fishermen involved in this settlement, commercial fishermen and subsistence fishermen. I’m not aware of any claim for recreational fishermen. That’s a hobby and it is not included in this particular economic loss agreement.”
Jerome Henderson stood in line outside the church Friday holding his fishing license and three rejection letters for damage claims he submitted to the Gulf Coast Claims Facility when Ken Fineberg was in charge.
Henderson said he doesn’t have a boat but counts on the fish he catches from the Causeway to feed himself. He was afraid to eat those fish during the spill, he said.
“I catch speckled trout, flounder, croaker. That spill about ended my fishing. I didn’t have anywhere to fish,” Henderson said. “See, this is a city of fish-eaters. Fish and grits, that’s us. That’s Mobile. They took that from us.”
Ted Eicher said he’s purchased an Alabama fishing license every year for the past 35 years. A former fishing guide, he said the fish he catches represent a significant portion of what he eats each week. He called the idea that BP would only offer settlements to fishermen below a certain income level outrageous.
“I’m a fish-eater. I bought a license that year and didn’t get to use it. No fresh fish. No fish fries. I’ve been feeding the family that way for 35 years,” Eicher said. “Why wouldn’t we get compensated like everybody else? Just because we weren’t reaping a profit from it? There’s value in being able to put food on your table, being able to feed your family.”
Mullins said the subsistence fishermen class in the settlement appeared to be designed to exclude the bulk of the Gulf’s recreational fishermen, regardless of how much fish they caught or ate each year.
“If you were selling your catch, you’d be protected. In the end, everybody is going to have a BP claim except the recreational fishermen,” Mullins said. “Maybe they can put together enough people to rattle their sabers or some fishing rods together and get some attention.”
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