Frequently Asked Questions
PROGRAM OVERVIEW
FAQ 1
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FAQ 2
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QUALIFYING FOR THE PROGRAM
FAQ 3
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FAQ 4
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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.