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NYSERDA Fisheries Compensation Overview – Preliminary Draft, Rev. 1. An overview and summary of existing fisheries compensation within the offshore wind industry and other marine industries. While there is currently no overarching regulatory mechanism for compensation, some states have already required developers to establish compensatory funds to offset potential impacts to the commercial fishing industry, or to fund research programs aimed at better understanding those potential impacts. This report is not intended to be a formal framework or recommendation. Since the former iteration of this report, eight states requested the development of a federal-level compensation framework to be developed by BOEM and BOEM has begun the planning process for addressing fisheries compensation guidance (Joint Governors Letter 2021; BOEM 2021), with draft guidance expected from BOEM in 2022.
Regional State Letter to BOEM Regarding Fisheries Compensation. A group of regional state partners has submitted a letter to BOEM with regard to fisheries compensation efforts to encourage the development and advancement of a fair, equitable, and transparent process. These states include Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and Virginia. The States have identified topics for continued discussion with BOEM regarding its development of an efficient and effective compensatory fisheries mitigation framework. The States believe that these foundational topics require full consideration and discussion with BOEM, NOAA, and other federal agencies, as well as the fishing industry and offshore wind developers, in order to develop mutual understanding and agreement on a mitigation framework that will provide equity and certainty for affected fishing communities, state and federal agencies, and the offshore wind industry.
RODA Impact Fees Report. Currently there is no consistent agreed upon roadmap as to how impact fees will be authorized, valuated, or allocated for offshore wind projects. This report is intended to inform these efforts and establish an equitable process to alleviate losses.
Vineyard Wind Compensatory Mitigation. An overview of compensatory mitigation agreements in-place for the Vineyard Wind Project.
South Fork Wind Farm, Environmental Mitigation and Monitoring Measures. This document constitutes the Bureau of Ocean Energy Management’s (BOEM) and the National Ocean and Atmospheric Administration (NOAA) National Marine Fisheries Service’s (NMFS) joint record of decision (ROD) for the final environmental impact statement (FEIS) prepared for the South Fork Wind Farm and South Fork Export Cable Project (Project) Construction and Operations Plan (COP). Appendix A of this document covers the Environmental Mitigation and Monitoring Measures (Terms And Conditions) included as part of the ROD.
Request for Information on Reducing or Avoiding Impacts of Offshore Wind Energy. BOEM, working with the National Marine Fisheries Service and affected coastal states, is developing guidance to ensure fair, equitable, and predictable methodologies for mitigating impacts of offshore renewable energy projects. On November 23, 2021, BOEM published a “Request for Information” to obtain input from the public, especially the fishing community, on avoiding, minimizing and, if needed, compensating for impacts from offshore wind energy projects to commercial and recreational fisheries. The comment period on the Request for Information closed on January 7, 2022. Comments can be viewed here: https://www.regulations.gov/search/comment?filter=BOEM-2021-0083