Frequently Asked Questions

Commercial fishermen, Charter/For-hire fishermen and shoreside businesses that have fished within the Empire Wind 1 Project area and can provide supporting documentation. 

Claimants can apply online during the eligibility period. The eligibility period will open in May 2025 and will close after 120 days. 

Commercial Fishermen and Charter for-hire will need the following:

• Any federally and/or state approved trip level reporting information that establishes fishing activity within the Empire Wind 1 project area, such as the following: Landing reports (VTR, dealer reports, AIS data), VMS trip reports, federal dealer reports, dock sales receipts, Fishery observer or At Sea Monitor data, NOAA Cooperative Research Study Fleet data, Time-stamped chart plotter data/images, SAFIS data.
• A commercial permit.
• SAFIS data or equivalent demonstrating annual revenue from 2020 to 2024.

Shoreside businesses will need the following:

• A business license.
• Documentation demonstrating portion of revenue generated from upstream and downstream. 
• A valid seafood dealer and/or processor permit, where applicable.  
• Tax returns demonstrating annual revenue from 2020 to 2024.

The third party administrator, de maximis, will be available to provide support. (offshorewind@demaximis.com)

Empire Wind will work with claimants on other documentation that may be accepted in lieu of the required documentation.

No. Claimants will be subject to a one-time eligibility subscription period. Once your annual compensation is determined, an estimated annual payment schedule will be provided to you, predicting payments for the 7 years of the program, with an adjustment for inflation.

Compensation will be determined based on historical revenue.  If you choose not to provide revenue data but are eligible for compensation, you will receive the minimum payment. 

The compensation amount is divided among the various fisheries groups (scallops, squid, flounder, others), or, in the case of shoreside businesses, it is divided by port (New Bedford, Point Pleasant, Cape May, and all others), the amounts assigned to each subgroup depend on the historical revenue for that particular sub-group. All charters for-hire are treated as one group for determination of their compensation. 

The compensation is then further subdivided between all applicants in each subgroup; compensation for each permit holder is a minimum per claimant amount, plus an amount that is proportional to their historical total annual fishing revenue. Payments will not exceed 10% of a claimant’s historical total annual fishing revenue, unless determined otherwise through the appeals process.

If the applicant disagrees with the compensation determined, they have the opportunity to request an individual assessment. This process will require the applicant to provide documentation demonstrating how they are impacted. This documentation will be reviewed by an independent third-party committee, and this committee will determine a compensation amount based on the documentation provided. 

Payments are received yearly for 7 years.

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

• Logbook and fishing footprint data requests: NMFS.GAR.Data.Requests@noaa.gov
• Vessel Monitoring System data requests: ole.helpdesk@noaa.gov
• Northeast Fisheries Observer Program data requests:  chris.tholke@noaa.gov
• GARFO permit data requests:  NMFS.GAR.Permits@noaa.gov

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

No. Provided that your application is submitted during the eligibility period and is otherwise deemed complete 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.

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

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 offshorewind@demaximis.com.

Yes. The program does not require eligible applicants to refrain from commercial fishing activities in the Empire Wind 1 project area. 

Yes, you may be able to qualify for the program if you have three years of fishing activity in the Empire Wind 1 lease area but that activity occurred across more than one vessel. Such instances could include commercial fishing vessel owners who fished in the Empire Wind 1 lease area, 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 Empire Wind 1 lease area  for  three years  across different vessels or permits between 2020 and 2024. 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.

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.

Individual compensation amounts will be determined after the application period closes. The calculation will take into account the historical revenue for each fishery, the number of applicants and the documented revenue of the applicant. The annual amount will be adjusted every year for inflation.

No. If gear loss or damage occurs and is believed to result from Empire Wind’s offshore activities, a Gear Claim can be submitted. The Empire Wind Gear Claim form is available here. Empire Wind 1 Gear Compensation Application. 

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

Compensation payments for 2025 will be processed Q4 2025. 

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.

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. Empire Wind 1 will not have access to the information provided with your application, nor will any other party.

Please email offshorewind@demaximis.com