In the wake of the Deepwater Horizon incident on April 20, 2010, a significant legal framework was established to address the economic and property damages that ensued, including a specific pathway for Subsistence Claims. The Subsistence Claim Form, denoted by its Teal color, represents a critical instrument for Gulf Coast residents who rely on natural resources from the Gulf of Mexico for their essential needs. To lodge a claim, individuals must navigate through a comprehensive process that entails submitting the claim form alongside the requisite supporting documentation within a six-month window following the Settlement's Effective Date—a date contingent on the legal finalization of the Settlement Agreement. Uniquely tailored, this claim avenue caters exclusively to those who harvest, consume, barter, or trade Gulf resources to sustain their basic dietary, economic, or security needs, thus excluding recreational hunters and fishermen. However, the inclusion of those with a Recreational Fishing license underscores the detailed considerations embedded within the claim form's structure. As claimants venture through the intricacies of this form—leveraging the detailed guidance presented in the Instructions Booklet or opting for the streamlined online submission process—they must articulate the nuances of their subsistence activities, spanning the types of resources gathered to the specific impacts experienced due to the spill. This holistic process underscores a meticulous effort to quantify and validate the impacts on traditional lifestyles deeply intertwined with the Gulf of Mexico's natural bounty.
Question | Answer |
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Form Name | Subsistence Form |
Form Length | 7 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 1 min 45 sec |
Other names | subsistence allowance certificate, property subsistence claim, authorization subsistence claim letter sample, certification to claim subsistence allowance |
DEEPWATER HORIZON ECONOMIC AND PROPERTY SETTLEMENT
SUBSISTENCE CLAIM FORM
(TEAL FORM)
*TEAL*
After you complete and sign your Claim Form, submit it to the Claims Administrator as directed in the Instructions Booklet that accompanies this Claim Form. If you submit your Claim Form by mail or delivery, do not separate this cover page from the Claim Form. If you have to take this Claim Form apart to photocopy or fax it, make sure you include this cover page as the first page when you submit it.
Subsistence Claim Form
TO FILE YOUR CLAIM ONLINE VISIT WWW.DEEPWATERHORIZONSETTLEMENTS.COM
DEEPWATER HORIZON ECONOMIC AND PROPERTY SETTLEMENT
SUBSISTENCE CLAIM FORM
(TEAL FORM)
To make a Subsistence Claim under the Deepwater Horizon Economic and Property Damages Settlement Agreement (the “Settlement”) for damages arising from the Deepwater Horizon Incident on April 20, 2010, (the “Spill”), you must complete and submit this Claim Form and all documentation required by the Settlement (“Supporting Documentation”) to the Claims
Administrator on or before six months after the Effective Date. The Effective Date is when the approval of the Settlement Agreement becomes legally final, after all appeals of the District Court’s Final Approval Order have been concluded by
appellate courts or the date otherwise agreed upon by BP and Class Counsel. We do not yet know the Effective Date. You should check the Settlement Program website frequently for updates on this important deadline.
The Subsistence Claim is for Gulf Coast individuals who fish or hunt to harvest, catch, barter, consume, or trade Gulf of Mexico natural resources (including seafood and game) in a traditional or customary manner, to sustain their basic personal or family dietary, economic, security, shelter, tool, or clothing needs, and who prove that they sustained a loss of subsistence use of natural resources because of the Spill. Recreational Fishermen and Recreational Hunters – those who fish or hunt for pleasure or sport – are not eligible to make Subsistence Claims, regardless of whether they consume, barter, or trade their catch. The Subsistence Claimant definition does include claimants who hold a Recreational Fishing license, provided such claimants satisfy the other elements of the Subsistence Claimant definition and provide the required documentation.
When completing this Claim Form, refer to the accompanying booklet called “Instructions for Completing the Subsistence
Claim Form (Teal Form),” which contains detailed instructions for completing and submitting this Claim Form, helpful definitions, and the list of Supporting Documentation required to prove your claim.
If you have access to a computer with an internet connection, it will be far easier for you to fill out and submit your Claim Form online, rather than on this paper Claim Form. The online claim process will guide you through only the specific questions you need to answer, and will instruct you about the specific Supporting Documentation you must submit, based on the answers you enter as you go along. Go to www.deepwaterhorizonsettlements.com to submit a claim online.
If you do not have access to the internet, you may visit a Claimant Assistance Center for assistance with submitting a claim in person. Section 6 of the Subsistence Instructions Booklet lists all the Claimant Assistance Centers.
A. Claimant Information
Provide the following information about the Natural Person who is making this Subsistence Claim.
1. Name:
Last Name
First Name
Middle Initial
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2. Social Security Number: |
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SSN or ITIN |
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Individual Taxpayer Identification Number: |
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3. Claimant Number: If you previously filed a claim with the Gulf Coast |
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Claims Facility (“GCCF”), you will keep that same |
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Number in the Deepwater Horizon Settlement Program. Check the box |
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GCCF Claimant Number: |
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at the right called “GCCF Claimant Number” and provide that seven- |
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digit Claimant Number. |
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If you did not file a claim with the GCCF, you will receive a new |
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Claimant Number when you file your initial Registration Form with the |
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Deepwater Horizon Settlement Program. If you have already received |
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Deepwater Horizon Settlement Program |
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your new Settlement Program Claimant Number, check the box called |
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Claimant Number: |
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“Deepwater Horizon Settlement Program Claimant Number” and |
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provide that |
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If you do not yet have a Claimant Number, leave this question blank. |
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Subsistence Claim Form |
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Page 1 |
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TO FILE YOUR CLAIM ONLINE VISIT WWW.DEEPWATERHORIZONSETTLEMENTS.COM |
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B. Information Required for a Subsistence Claim
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1. |
Is your Subsistence Claim based on hunting and/or fishing losses? |
Hunting |
Fishing |
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2. |
Do you ever hunt or fish for pleasure or sport? |
Yes |
No |
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3. |
Do you fish or hunt to harvest, catch, barter, consume, or trade Gulf of Mexico |
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natural resources (including Seafood and Game), in a traditional or customary |
Yes |
No |
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manner, to sustain your basic personal or family dietary, economic security, |
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shelter, tool, or clothing needs? |
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If you checked “Yes” for Question 3, explain. |
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Are you a deckhand? |
Yes |
No |
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5. |
Are you exempt from fishing and/or hunting licensing requirements? |
Yes |
No |
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If you checked “Yes” for Question 5, identify the jurisdiction(s) (state or federal) in which you are exempt and explain your exemption.
6.List the species of Game or Seafood that you hunted and/or fished for subsistence use in the year before the Spill, and identify the time periods or seasons throughout the year when you hunted and/or fished each species.
7.Provide the quantity of each species of Game and/or Seafood you fished and/or hunted in each time period or season during the year before the Spill, including the amount you consumed and the amount you gave to your family for their personal consumption or for the purposes of barter.
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Subsistence Claim Form |
Page 2 |
TO FILE YOUR CLAIM ONLINE VISIT WWW.DEEPWATERHORIZONSETTLEMENTS.COM
8.In the section below, you must state: (A) the species that you used or provided for subsistence purposes after the Spill; (B) the total lost weight of the species you could not harvest after the Spill in pounds (DO NOT include any amount that you sold); (C) the percent of the total species harvested that you would have provided to each family member for consumption purposes; and (D) the percent of the total species harvested that you would have bartered or used for other
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B. Lost Weight |
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C. Percent |
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D. Percent Bartered or |
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A. Species |
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Distributed as |
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Used for Non- |
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in Pounds |
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Food |
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Consumption Purposes |
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(EX) |
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Flounder |
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100 lbs. |
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50% |
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50% |
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(a) |
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
9. In the section below, you must state: (A) your name or the name of the family member who relied on your
subsistence activities before the Spill; (B) age at the time that your losses began; (C) gender; (D) Social Security Number; (E) your family member’s relationship to you; and (F) percent of your or your family member’s total diet provided by your subsistence activities. The Claims Administrator will not pay consumption losses in excess of 45% of a claimant or a family member’s diet. The Claims Administrator determined that 45% is the
maximum reasonable percentage a claimant may claim to have come from subsistence activities. Example: If you could not harvest Seafood or Game beginning on 4/20/10, you were 50 years old on that date and 20% of the food you eat comes from your harvests, you would complete the table as seen in the example below.
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D. Social |
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F. Percent of |
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Diet From |
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A. Name |
B. Age |
C. Gender |
Security |
E. Relationship |
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Subsistence |
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Number |
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Activities |
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(EX) |
John Doe |
50 |
Male |
Female |
Self |
20% |
(a) |
Male |
Female |
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(b) |
Male |
Female |
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(c) |
Male |
Female |
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(d) |
Male |
Female |
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(e) |
Male |
Female |
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(f) |
Male |
Female |
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(g) |
Male |
Female |
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(h) |
Male |
Female |
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(i) |
Male |
Female |
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(j) |
Male |
Female |
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(k) |
Male |
Female |
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Subsistence Claim Form |
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Page 3 |
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TO FILE YOUR CLAIM ONLINE VISIT WWW.DEEPWATERHORIZONSETTLEMENTS.COM
10.Provide a specific description of where you hunted and/or fished for each species in the Gulf of Mexico before the Spill. In addition to the written description below, also provide a map that identifies where you hunted and/or fished each species in the Gulf of Mexico before the Spill.
11.Out of the total quantity of Game and/or Seafood you and your family relied on before the Spill, approximately what percentage by species and location came from areas that were later closed, impaired, or harmed because of the Spill?
12. Describe the equipment and methods you use to hunt and/or fish for subsistence use.
13. Did you continue to fish and/or hunt for subsistence purposes after the Spill?
Yes
No
If you checked “Yes,” for Question 13, provide a specific description of where and what species you fished and/or hunted for subsistence purposes between April 20, 2010 and December 31, 2011, and what quantity of Game and/or Seafood you were able to catch over that period.
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Subsistence Claim Form |
Page 4 |
TO FILE YOUR CLAIM ONLINE VISIT WWW.DEEPWATERHORIZONSETTLEMENTS.COM
14. Did you stop fishing and/or hunting for subsistence purposes in areas that were closed, |
Yes |
No |
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impaired, or harmed because of the Spill? |
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If you checked “Yes,” for Question 14, identify the area, and your best estimate of when those areas were closed, and the dates you resumed fishing and/or hunting in those areas. If you are asserting that an area was not closed but was impaired or harmed, also describe the impairment or harm. (Attach additional sheets if you need more space.)
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Date You |
Fishing or Hunting Area |
Dates Closed or Impaired/Harmed |
Resumed Hunting |
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and/or Fishing |
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From _____/_____/______ to _____/_____/_____ |
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(Month/Day/Year) |
(Month/Day/Year) |
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If not closed, basis of impairment: |
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_____/_____/_____ |
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(Month/Day/Year) |
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From _____/_____/______ to _____/_____/_____ |
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(Month/Day/Year) |
(Month/Day/Year) |
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If not closed, basis of impairment: |
_____/_____/_____ |
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(Month/Day/Year) |
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From _____/_____/______ to _____/_____/_____ |
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(Month/Day/Year) |
(Month/Day/Year) |
If not closed, basis of impairment: |
_____/_____/_____ |
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(Month/Day/Year) |
From _____/_____/______ to _____/_____/_____ |
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(Month/Day/Year) |
(Month/Day/Year) |
If not closed, basis of impairment: |
_____/_____/_____ |
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(Month/Day/Year) |
From _____/_____/______ to _____/_____/_____ |
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(Month/Day/Year) |
(Month/Day/Year) |
If not closed, basis of impairment: |
_____/_____/_____ |
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(Month/Day/Year) |
From _____/_____/______ to _____/_____/_____ |
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(Month/Day/Year) |
(Month/Day/Year) |
If not closed, basis of impairment: |
_____/_____/_____ |
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(Month/Day/Year) |
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Subsistence Claim Form |
Page 5 |
TO FILE YOUR CLAIM ONLINE VISIT WWW.DEEPWATERHORIZONSETTLEMENTS.COM
C. Documentation Required for a Subsistence Claim
In addition to this Claim Form, you must submit certain Supporting Documentation to prove your Subsistence Claim. The list of required documents, and instructions for how to submit them, are in Section 4 of the Subsistence Instructions Booklet. If you do not submit the required Supporting Documentation, the Claims Administrator will not be able to review your claim and you will not receive payment for your claim.
D. Payment
1.If You Have Your Own Attorney. Unless you check the box below, the Claims Administrator will make any payments jointly to you and to your attorney, which means that both you and your attorney will need to endorse the check before a bank will honor it.
Check here if you want the Claims Administrator to make payments in connection with this and any other claim you may file in the Deepwater Horizon Economic and Property Settlement only to your attorney. This means that the Claims Administrator will send your payment to your attorney, who will then pay you pursuant to the retainer agreement you have with him/her.
2.If You Do Not Have Your Own Attorney. If you have not retained an attorney to represent you in connection with your
The Claims Administrator will report annually to federal and state taxing authorities, using a Form 1099 or state form equivalent, for certain payments made. The Claims Administrator will send you a copy of that form, but cannot give you any tax advice regarding any payment issued to you. You should consult with your own tax advisor to determine the tax impact of any payment you receive from the Claims Administrator.
3.Garnishments, Liens and other Attachments. Legally authorized garnishments, liens, or similar forms of attachments relating to your claim will be honored and deducted from your payment.
4.
E. Signature
I certify and declare under penalty of perjury pursuant to 28 U.S.C. Section 1746 that the information provided in this Claim Form is true and accurate to the best of my knowledge, and that supporting documents attached to or submitted in connection with this form and the information contained therein are true, accurate, and complete to the best of my knowledge, and I understand that false statements or claims made in connection with this Claim Form may result in fines, imprisonment, and/or any other remedy available by law to the Federal Government, and that suspicious claims will be forwarded to federal, state, and local law enforcement agencies for possible investigation and prosecution.
By submitting this Claim Form, I consent to the use and disclosure by the Claims Administrator and those assisting the Claims Administrator of any information about me that they believe necessary and/or helpful to process my claim for compensation and any payment resulting from that claim.
Signature:
Printed
Name:
First
Date: |
_____/_____/_____ |
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(Month/Day/Year) |
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Middle |
Last |
The claimant must sign this Claim Form personally. No one can sign on behalf of the claimant unless the claimant is deceased, a Minor, or Incompetent. If the claimant is deceased, a Minor, or Incompetent, an authorized Representative may sign.
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Subsistence Claim Form |
Page 6 |
TO FILE YOUR CLAIM ONLINE VISIT WWW.DEEPWATERHORIZONSETTLEMENTS.COM