Professional Documents
Culture Documents
Settlement
Structure
United States District Court (Judge Barbier)
Key Vendors 1. Garden City Group 2. Brown Greer 3. PWC 4. Postlethwaite & Netterville 5. Administrator may add additional Vendors
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Structure
United States District Court Retains Jurisdiction
Medical
Structure
United States District Court (Judge Barbier)
Subsistence
Promotional Fund
Seafood
Property Loss
Vessel Physical Damage Wetlands Coastal
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General Principles
Class Membership Damage Category Claim (one or more) Geographical Location Causation Standard Zone (Map) Documentation of Causation
Presumption % of Loss Customer Mix Specific Contract
Geographical Location
Damage Category
1.3 - Individuals and Entities who meet the geographical descriptions of Sections 1.1 or 1.2 above are included in the Economic Class ONLY IF their Claims meet the descriptions of one or more of the Damage Categories described below.
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Damage Categories
Individual and Entity
Economic Damage Category [1.3.1.2.] Seafood Compensation Program Category [1.3.1.1.] Property Damage Category [1.3.1.7. , 1.3.1.6.] Subsistence Damage Category [1.3.1.3.] Vessel of Opportunity (VoO) Category [1.3.1.4.] Vessel Physical Damage Category [1.3.1.5.] Coastal Real Property Damage Category [1.3.1.6.] Wetlands Real Property Damage Category [1.3.1.7.] Real Property Sales Damage Category [1.3.1.8.] Individuals/Employees in Otherwise Excluded Industries [1.3.1.9.] Individuals/Employees in Support Services to Oil & Gas Industry [1.3.1.10] Businesses/Employers in Otherwise Excluded Industries [1.3.1.11.] Businesses/Employers in Support Services to Oil & Gas Industry [1.3.1.12.]
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Property Categories
Real Property Claims
Real Property Sales Damage Claims Coastal Real Property Damage Claims
Impaired Use and Enjoyment Physical Damages to Real or Personal Property
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Individual Claimants
Individual Claimants (an Individual may have multiple claims): I. II. III. IV. V.
A. B.
With Contemporaneous Tax Documents for 2010 and Benchmark Period With Pay Period or Other Earnings Documentation for 2010 and Benchmark Period With Earnings Documentation for 2010 but without Benchmark period Earnings Without Earnings Documentation who Submit Individual and Employer Sworn Written Statements to Establish Earnings Individual Periodic Vendors
Up to $12,000 RTP of 1 May Apply
VI.
A. B.
Festival Vendors
Up to $12,000 RTP of 1 May Apply
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Standard Approach
Causation Documentation Calculate Compensation Apply RTP (if applicable) Deduct Cash Credits (if applicable)
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Zone Presumptions
Presumption Zone A Presumption Zone B Zone C Zone D
Gets Presumption Gets Presumption Required to meet Causation Nexus Required to meet Causation Nexus Required to meet Causation Nexus Seafood Presumption
Gets Presumption Required to meet Causation Nexus Required to meet Causation Nexus Required to meet Causation Nexus Required to meet Causation Nexus Proof
Gets Presumption
Gets Presumption
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Test
Down Up Down Up Down Up Down Up
N/A
-8.5%
5%
-8.5%
5%
-15%
10%
N/A
-5%
5%
-5%
5%
-10%
7%
N/A
-8.50%
N/A
-8.50%
N/A
-15%
N/A
*= For the Modified V-Test and the Down Only Test, additional requirements apply, as described in Exhibits. 15
Benchmark Years
Compensation Period
May Jun Jul Aug Sep Oct Nov Dec
2007
2008
2009
2010
Benchmark Period same months claimant selected for compensation period averaged if use < 2009
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Less than 30 feet 30 feet-45 feet 46 feet-65 feet Greater than 65 feet
Chart B
Less than 30 feet 30 feet-45 feet 46 feet-65 feet Greater than 65 feet
Subsistence Claims
Claimants Eligible Natural persons who fish or hunt to harvest Seafood or Game in a traditional or customary manner, to sustain his or her basic personal or family needs. This includes:
a)Commercial Fishermen b)Seafood Crew c)Individuals holding a recreational fishing license, provided they satisfy other elements of the claimant definition
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Subsistence Claims
Copy of fishing license (unless excluded from fishing license requirement) Identification of Fishing Area Claim form and Supporting Affidavit re number of people relying on Seafood and Game harvested by claimant, species and amounts of Seafood and Game relied upon Administrator may request an interview Value of lost natural resources (in average post-spill retail prices) Cap of $10,000 per extended family Administration can exceed cap after investigation RTP = 2.25
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Bar Date 30 Days, Post District Court Approval Secondary Pro-rata Distribution of Balance
Transition Payments Quick Pay Payments Estimate of Claims Volumes Prior GCCF Payment Offset Opt - out Volume
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Compensable Claims
Vessel Owner/Commercial Fisherman Vessel Lessee Claims Boat Captain Claims Leaseholder Interest Claims Leaseholder Lost Income Claims Vessel Owner/Oyster Harvester Vessel Lessee Claims Boat Captain Claims Vessel Owner/Commercial Fisherman Vessel Lessee Claims Boat Captain Claims Individual Fishing Quota Holder Claims Vessel Owner/Commercial Fisherman Vessel Lessee Claims Boat Captain Claims Crew Claimants with Standard Documentation Crew Claimants with Documentation Supplied by Employer Crew Claimants with Documentation Supplied by 27 Non-Employer
Finfish
Blue Crab/Other Seafood Crew (excluding Captains) for all Seafood Industries
Oyster
$65.66 m 21.34million (lbs.)
Fin Fish
$69.81m 53.15million (lbs.)
Blue Crab
$42.41m 54.61million (lbs.)
Other
$33.35m 8.86 million (lbs.)
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2010
Revenue (millions) Volume (millions)
REDUCTION
Revenue (millions) Volume (millions)
% Drop Revenue
-9.5%
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General Approach
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Loss
37%
2.25
RTP
2.25
$5,000
None
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Compensation Methods
Accelerated Compensation Method Vessel Size Model for Shrimp Oyster Leasehold Acres Individual Fishing Quota/Shares Fin Fish Crab Traps Revenue Model Trip Tickets/ Equivalent Tax Returns
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Benchmark Revenue
Owners
Captains
Crew
Total
$264.89
$462
$335
$81
NA
$877
$1,044
3.94
$65.66
$76
$68
$13
$60 $579
$218 $579
$259 $689
3.94 10.49
$4 $1 $50 $694
Total
Species
Loss Percentage
Crew
Crew
Leaseholder
Shrimp <30' 30' - 45' 45' - 75' (Ice) 45' - 75' (Freezer) >75' (Ice) >75' (Freezer) Oysters Fin Fish Blue Crab All other 35% 35% 35% 35% 35% 35% 40% 25% 35% 10% 45% 45% 45% 45% 45% 45% 40% 45% 50% 50% 45% 40% 30% 30% 25% 25% 40% 35% 30% 30% 10% 15% 25% 25% 30% 30% 20% 20% 20% 20% 8.25 8.25 8.25 8.25 8.25 8.25 8.75 6.00 6.00 5.50 7.25 7.25 7.25 7.25 7.25 7.25 7.75 5.00 5.00 4.50 2.25 2.25 2.25 2.25 2.25 2.25 2.25 2.25 2.25 2.25
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8.75
Qualifying Revenue
Owner-Operator Compensation (including RPT) $196,875 $242,531 $431,438 $763,313 $622,500 $871,500
Vessel Owner/Commercial Fisherman Vessel $104,063 $135,281 $270,563 $478,688 $416,250 $582,750
$92,813 $107,250 $160,875 $284,625 $206,250 $288,750 N/A $49,500 $86,625 $198,000 $144,375 $226,875
Class Member: Eligibility: Home Port (Panhandle - LA - Texas Line) Historical Revenue ((2007-2009) Boat Captain - Based on Specific Vessel Reduced: Revenue Lower
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Individual Claimants
Individual Claimants (an Individual may have multiple claims): I. With Contemporaneous Tax Documents for 2010 and Benchmark Period With Pay Period or Other Earnings Documentation for 2010 and Benchmark Period With Earnings Documentation for 2010 but Without Benchmark Period Earnings Without Earnings Documentation who Submit Individual and Employer Sworn Written Statements to Establish Earnings
II.
III.
IV.
Step 1: Calculate Claimants Lost Earnings Step 2: Apply Risk Transfer Premium (if applicable) Step 3: Determine Claimants Compensation
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Reserved Claims
Economic Damage by an Entity or Individual Based on Their Employment by an Excluded Entity Bodily Injury Claims Shareholder Claims Moratoria Loss Claims
Menhaden Claims
Punitive Damages Against Halliburton and/or Transocean Assigned Claims Against Halliburton and/or Transocean
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Transition Status
From March 8, 2012 through April 20, 2012 Payments Issued
(a) 100% Final Payments (b) Interim Payments (c) Business Quick Payments (d) Individual Quick Payments (e) 60% Final Payments
TRANSITION ACTIVITY
6,432
94 1,112 828 869 3,246
$189,107,347.91
$12,203,944.44 $17,419,111.89 $20,504,354.63 $4,320,302.49 $134,082,371.07
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Once a Claimant receives a payment for a Claim, Claimant has 6 months to file all remaining claims 6 months after the Effective Date (final judgment and all appeals) April 22, 2014
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Presentment Provisions
4.2.5: Economic Class Members with expired offers from the GCCF who Opt Out of the Economic Class shall be deemed to have satisfied the presentment requirements under the Oil Pollution Act of 1990 (OPA) 7.3.2: Regardless of whether the Agreement becomes effective, Claims with a sum certain and some documentation and/or other proof that are submitted to the Settlement Program shall be deemed to satisfy presentment and all requirements of 33 U.S.C. 2713.
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Settlement Value
No Cap on the Settlement Seafood Compensation Program $2.3 billion Common Benefit/Class Counsel Fees and Expenses Paid by BP on top of Payments to Class Members Administration Expenses Paid by BP Notice Program and Supplemental Information Program ($5million) Paid by BP Gulf Tourism and Seafood Promotional Fund ($57million) paid by BP Settlement Guaranteed by Two Guarantors After BP Exploration and Production
BP North America BP p.l.c.
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