Frequently Asked Questions


PROGRAM OVERVIEW

What is Vineyard Wind 1?

Vineyard Wind 1 is an 806 MW offshore wind project located in federal lease area OCS-A 0501, approximately 15 miles south of Martha’s Vineyard and Nantucket. The project is currently under construction and will start operating in 2024.  Additional information about Vineyard Wind 1 is available at www.vineyardwind.com.

What is the Vineyard Wind 1 fisheries compensatory mitigation program?

The Vineyard Wind 1 fisheries compensatory mitigation program was developed to provide fair, equitable compensation to commercial fishermen for economic losses attributable to Vineyard Wind 1’s construction, operations, and decommissioning activities. Three escrow funds have been established to compensate affected commercial fishermen in Massachusetts, Rhode Island, and Other States (Connecticut, New Jersey, and New York). The funding available for direct compensation in each of the escrow funds is as follows: $19.1 million (Massachusetts), $4.2 million (Rhode Island), and $3.3 million (Other States). Compensation may also be available to fishing businesses (i.e., shoreside businesses) in Massachusetts and Rhode Island.

Who created the Vineyard Wind 1 fisheries compensatory mitigation program?

The Vineyard Wind 1 fisheries compensatory mitigation program was developed by Vineyard Wind, the company that developed and is constructing Vineyard Wind 1. The program fulfills certain permitting requirements and was developed with input from federal and state agencies, Vineyard Wind 1 Fisheries Representatives, commercial fishermen, and expert fisheries consultants.

Who runs the Vineyard Wind 1 fisheries compensatory mitigation program?

The Vineyard Wind 1 fisheries compensatory mitigation program is administered by de maximis, inc., an independent third-party administrator. As the third-party administrator, de maximis, inc. is responsible for overseeing all aspects of the program, including reviewing and approving applications with support from fishery advisors and directing the issuance of annual compensation payments. Additional information about de maximis, inc. is available at www.demaximis.com.

Who are the fishery advisors?

The fishery advisors are local fishing industry representatives supporting the third-party administrator during the eligibility period. The fixed gear fisheries advisor is the Massachusetts Lobstermen’s Association and the mobile gear fisheries advisor is the Commercial Fisheries Center of Rhode Island. The fisheries advisors will review the fishing activity documentation provided by applicants to confirm its completeness and validity. Based on their review, the fisheries advisors will make recommendations on program eligibility to the third-party administrator. The fishery advisories will also assist with applicant communications and outreach.

Who is eligible for the Vineyard Wind 1 fisheries compensatory mitigation program?

Commercial fishing vessel owners/operators homeported in Connecticut, Massachusetts, New Jersey, New York, and Rhode Island with historic fishing activity in the Vineyard Wind 1 lease area, OCS-A 0501, may be eligible to receive annual compensation payments. Shoreside businesses in Massachusetts and Rhode Island may also be eligible to receive compensation payments. Recreational fishermen and for-hire fishing businesses are not eligible for the program.

How long will the Vineyard Wind 1 fisheries compensatory mitigation program be in existence?

The Vineyard Wind 1 fisheries compensatory mitigation program will continue until Vineyard Wind 1 is decommissioned.

QUALIFYING FOR THE PROGRAM

How do I apply?

Commercial fishing vessel owners/operators can apply online during the eligibility period to qualify for the program. The online application is available here. Information on how shoreside businesses can apply for the program will be available at a later date.

What is the eligibility period?

The eligibility period is the timeframe in which commercial fishing vessel owners/operators homeported in Connecticut, Massachusetts, New Jersey, New York, and Rhode Island can apply to establish eligibility for the program. The eligibility period for commercial fishing vessel owners/operators runs from Monday, March 4, 2024, through Monday, June 17, 2024. Applications for the program must be submitted by Monday, June 17, 2024, to establish eligibility for the program. Commercial fishing vessel owners/operators will not have another opportunity to establish eligibility for the program. A separate eligibility period will be announced for shoreside businesses in Massachusetts and Rhode Island at a later date.

Can I get help completing my application?

Yes. Open house and tabling events will be hosted in March to help fishermen apply for the program. Currently scheduled events include the following:

  • March 20: Superior Trawl, 55 State Street, Point Judith, Rhode Island (9 AM – 1 PM)
  • March 21: New Bedford Port Authority, 123 MacArthur Drive, New Bedford, Massachusetts (9 AM – 1 PM)
  • March 22: Massachusetts Lobstermen’s Association Annual Meeting, Emerald Resort Conference Center, 35 Scudder Avenue, Hyannis, Emerald Resort Conference Center (9 AM – 4 PM)

What documentation is required for my application?

Commercial fishing vessel owners/operators will need to submit the following documentation with their application:

  • a copy of a current government-issued vessel registration showing ownership, or a vessel lease agreement;
  • a copy of a valid 2023 commercial fishing permit from NOAA Fisheries;
  • a current government-issued vessel registration showing vessel ownership, or a vessel lease agreement;
  • evidence of fishing activities in the Vineyard Wind 1 lease area, OCS-A 0501, for at least three years between 2016 and 2022; and
  • gross or net annual revenue from fishing activities for the corresponding three or more years between 2016 and 2022

For shoreside businesses in Massachusetts and Rhode Island, information on the required documentation will be provided at a later date.

How can I document fishing activity in the Vineyard Wind 1 lease area, OCS-A 0501?

Commercial fishing vessel owners/operators must include evidence of fishing activities in the Vineyard Wind 1 lease area, OCS-A 0501, with their application. This evidence may include, but is not limited to the following:

  • Vessel Trip Reports
  • Vessel Monitoring System information
  • Automatic identification system information
  • Fishery Observer or At-Sea Monitoring information
  • NOAA Fisheries Cooperative Research Study Fleet information
  • Time-stamped chart plotter data/images
  • Logbooks (supported by additional data)
  • Other trip-level reporting information that establishes fishing activity in the Vineyard Wind 1 lease area, OCS-A 0501

How can I document my gross or net annual revenue from fishing activities?

Commercial fishing vessel owners/operators must provide documentation of gross or net annual revenues from fishing activities (i.e., overall revenue rather than revenue derived from fishing activities in the Vineyard Wind 1 lease area, OCS-A 0501) for at least three years between 2016 – 2022 with their application. Gross or net annual revenue documentation may include, but is not limited to, IRS Form 1099 and/or other tax documents, sales receipts, dealer slips, and/or dealer compilation reports. Net annual revenue information should account for variable costs exclusive of captain and crew pay. If gross annual revenue information is provided, it will be reduced by 25% to account for variable costs exclusive of captain or crew pay.

Where can I find a map of the Vineyard Wind 1 lease area, OCS-A 0501?

A map of the Vineyard Wind 1 lease area, OCS-A 0501, is available here along with lat/long coordinates and Loran C positions for the area.

How do I obtain fishing activity data from NOAA Fisheries?

NOAA Fisheries has provided the following contacts for fishing activity data requests:

How should I formulate a fishing activity data request to NOAA Fisheries?

NOAA Fisheries has provided the following guidance for fishing activity data requests:

Non-VMS data requests

  • Be very clear about what you are requesting
  • Ensure your request includes all of the necessary information:
    • Contact information for the person requesting the data
    • Permit number and vessel name for data requested
    • Data requested (e.g., logbook landings, fishing revenue, permit issuance)
    • Date range for the data requested (e.g., fishing or calendar years 2016 – 2022)
    • Area to which the data applies (e.g., logbook data when fishing in the Vineyard Wind 1 lease area, OCS-A 0501)
  • Identify expected data output (e.g., spreadsheet or map)
  • Specify if data are needed by a certain date

VMS data requests

  • Owner name
  • Owner contact information including telephone number
  • Vessel name
  • Vessel USCG DOC number or state registration number
  • Permit
  • Permit number
  • Timeframe of requested data

Note that VMS data is not required to prove fishing activity in the Vineyard Wind 1 lease area, OCS-A 0501.

Will my application be rejected if I do not receive my fishing activity data from NOAA Fisheries before the eligibility period closes?

No. Provided that your application is submitted during the eligibility period and is otherwise deemed completed by the third-party administrator, your application will not be rejected if fishing activity data from NOAA Fisheries remains outstanding. Once the fishing activity data is received from NOAA Fisheries, you will have the opportunity to amend your application and provide the outstanding data. The third-party administrator will then review your application and render an eligibility determination.

How do I check the status of my application?

After submitting your online application, you can log into your account at any time to check on its status.

Can I mail my application?

The online application process has been designed to make it easy for you to complete, save, and submit your application and have it reviewed quickly. If you are unable to submit an online application, please contact the third-party administrator at vineyardwind@demaximis.com.

Can I challenge an eligibility determination?

Yes. Applicants may request in writing the opportunity to mediate or pursue a dispute regarding an eligibility determination. Such requests can be sent to the third-party administrator at vineyardwind@demaximis.com.

Can I transfer my program eligibility to another party?

Program eligibility is generally not transferable to other parties or permit holders over the life of the program; however, a transfer of program eligibility may be allowed in limited instances (e.g., a change in the form of a legal entity that owns a commercial fishing vessel which does not result in an actual change in commercial fishing vessel ownership). Requests for transfers should be submitted to the third-party administrator at vineyardwind@demaximis.com for review.

Can I replace my commercial fishing vessel and remain eligible for the program?

Yes, commercial fishing vessel replacements are allowed and will not impact program eligibility. To maintain program eligibility, evidence of fishing vessel replacement should be submitted to the third-party administrator at vineyardwind@demaximis.com for review.

If I qualify for the program, can I continue to fish in the Vineyard Wind 1 lease area, OCS-A 0501?

Yes. The program does not require eligible applicants to refrain from commercial fishing activities in the Vineyard Wind 1 lease area, OCS-A 0501, or any other location to receive compensation.

Can I qualify for the program if I have three years of fishing activity in the Vineyard Wind 1 lease area, OCS-A 0501, but that fishing activity occurred across more than one vessel?

Yes, you may be able to qualify for the program if you have three years of fishing activity in the Vineyard Wind 1 lease area, OCS-A 0501, but that activity occurred across more than one vessel. Such instances could include commercial fishing vessel owners who fished in the Vineyard Wind 1 lease area, OCS-A 0501, for a period of time on one vessel that was replaced by a new vessel that continued to fish in the same area. Other instances could include commercial fishing vessel owners who fished in the Vineyard Wind 1 lease area, OCS-A 0501, for at least three years across different vessels or permits between 2016 and 2022. Commercial fishing vessel owners that fall into this category should contact the third-party administrator for further guidance on how to submit an application for review.

COMPENSATION PAYMENTS

How do I receive a compensation payment from the Vineyard Wind 1 fisheries compensatory mitigation program?

Commercial fishing vessel owners/operators must first qualify for the program during the March 4 – June 17, 2024, eligibility period before they can receive a compensation payment. If qualified, the third-party administrator will notify you of your eligibility in writing (i.e., email or letter). After the eligibility period closes, you will be informed of your expedited annual compensation payment amount for the first five years of the program. You may elect to accept that expedited annual compensation payment amount or undergo an individual claims review process, which may result in a higher annual compensation payment amount. Fishermen will not need to demonstrate economic impacts from Vineyard Wind 1 to qualify for the program or receive compensation payments.

Shoreside dealers in Massachusetts and Rhode Island may be eligible to receive compensation payments through a separate process that will be initiated after the eligibility period for commercial fishing vessel owners/operators ends. Potentially eligible shoreside businesses in Massachusetts and Rhode Island will be contacted by the third-party administrator and invited to apply for the program at the appropriate time. Shoreside businesses will not need to demonstrate economic impacts from Vineyard Wind 1 to qualify for the program or receive compensation payments.

Is compensation available for commercial fishing captains or crew?

The annual compensation payments issued to commercial fishing vessel owners/operators are intended to account for captain and crew salaries and costs. Separate compensation payments will not be issued by the third-party administrator to captains and/or crews of eligible commercial fishing vessels. Where appropriate, commercial fishing vessel owners/operators are strongly encouraged to share annual compensation payments with captains and crew.

How much will my compensation payment be?

Annual compensation payment amounts will be based on an average of the three highest years of a commercial fishing vessel’s annual net revenues between 2016 and 2022. This averaged amount will be multiplied by a revenue dependence factor for the Vineyard Wind 1 lease area, OCS-A 0501, that was derived from NOAA Fisheries data to generate the annual compensation payment amount for the first five years of the program. Eligible commercial fishing vessel owners/operators will be notified of their annual compensation payment amount in their eligibility determination notification.

At that time, commercial fishing vessel owners/operators can choose to accept the annual compensation payment amount or elect to complete an individual claims review process, which may result in a higher annual compensation payment amount. The individual claims review process will require commercial fishing vessel owners/operators to submit additional information and documentation that demonstrates a higher revenue dependence on the Vineyard Wind 1 lease area, OCS-A 0501, than the revenue dependence factor used to calculate their annual compensation payment amount.

If the third-party administrator determines that a commercial fishing vessel owner/operator has demonstrated a higher revenue dependence, then a higher annual compensation payment amount will be offered. If the third-party administrator does not make this determination, a commercial fishing vessel owner/operator will remain eligible to receive the annual compensation payment amount offered in their eligibility determination notification.

Do compensation payments cover lost or damaged gear?

No. If a commercial fishing vessel owner/operator sustains gear loss or damage that they believe is attributable to Vineyard Wind 1, a claim should be submitted to Vineyard Wind within 30 days of the incident. The Vineyard Wind 1 gear loss form is available here.

Can I challenge a compensation payment amount determination?

Yes. Applicants may request in writing the opportunity to mediate or pursue a dispute regarding an annual compensation payment amount determination. Such requests can be sent to the third-party administrator at vineyardwind@demaximis.com.

When will I receive my annual compensation payment?

Annual compensation payments for commercial fishing vessel owners/operators for 2023, the year offshore construction activities started for Vineyard Wind 1, will be issued in 2024 as soon as possible after the eligibility period closes. Annual compensation payments for 2024 and subsequent years will be issued no later than December of each year.

Information about compensation payments for shoreside businesses in Massachusetts and Rhode Island will be provided at a later date.

How long will I receive compensation payments?

After qualifying, you will receive annual compensation payments for the first five years of the program. After the first five years, you will continue to receive annual compensation payments provided you remain actively engaged in commercial fishing activities, and such payments will continue until the Vineyard Wind 1 project is decommissioned.

Every five years of the program, commercial fishing vessel owners/operators will need to provide the third-party administrator with evidence of ongoing and active commercial fishing activities to continue receiving annual compensation payments. Such evidence may include, but is not limited to, a valid current-year commercial fishing permit issued by NOAA Fisheries and a current government-issued vessel registration showing vessel ownership, or a vessel lease agreement for the fishing vessel that originally qualified for the program. If such evidence is provided, the third-party administrator will issue annual compensation payments for the next five years. Commercial fishing vessel owners/operators will not be required to provide evidence of ongoing fishing activities in the Vineyard Wind 1 lease area, OCS-A 0501, to continue receiving payments.

Information on compensation payments for shoreside businesses in Massachusetts and Rhode Island will be provided at a later date.

If I retire before the fifth year of the program, will I continue to receive payments?

Eligible commercial fishing vessel owners/operators will receive annual compensation payments for the first five years of the program. If you retire before the fifth year of the program, you will receive payments until the fifth year of the program. Payments will cease automatically after the fifth year of the program as you will no longer be engaged in commercial fishing activities.

Other Questions?

INFORMATION SECURITY

Is the information provided in my online application secure?

Yes. The username and password you create when you start your application will help keep your information secure.

Your security is our top priority. Our website uses strict encryption protocols to ensure that your information remains confidential during transmission and storage. Regular security audits are conducted to safeguard against potential threats. Finally the information you provide is removed from our web servers and processed on a secure internal portal. Note: Security is a joint responsibility. Please use a strong password, never share your password and consider using a password manager

Who will have access to the information provided in my online application?

As the third-party administrator, de maximis, inc. will have access to the information provided in your application. The fisheries advisors will have access to the fishing activity documentation provided with your application but will not have access to the financial information provided with your application. Vineyard Wind 1 will not have access to the information provided with your application, nor will any other party.

If I qualify for the Vineyard Wind 1 fisheries compensation program, do I have to sign a waiver to receive compensation payments?

Yes, qualified applicants will have to sign a standard release of liability form that releases Vineyard Wind 1 LLC and the third-party administration from current and future claims in exchange for compensation payments. The release of liability form will not impact a qualified applicant’s ability to fish in the Vineyard Wind 1 lease area, OCS-A 0501; prevent a qualified applicant from receiving compensation payments from another offshore wind fisheries compensatory mitigation fund, including a regional fund; or preclude a qualified applicant from submitting a gear loss damage claim to Vineyard Wind 1 LLC.