Infractions Committee. The Board shall appoint an Infractions Committee (the “Committee”) consisting of a minimum of 3 Members. Such Committee shall include at least one Member from each of the primary gear types in the Sector (currently trawl and gillnet), shall include at least one member whose home port is north of Portland and one whose home port is south of Portland, and no Committee member shall be on the Board. The Committee shall ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting Rules, the ACE (as hereinafter defined) requirements set forth on Exhibit B hereto, the Plan, the Framework Adjustment and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. The Committee shall prepare and recommend to the Board for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (the “Schedule of Penalties”), for any unauthorized fishing activities (whether under applicable laws, rules and regulations or otherwise) and for violations of this Agreement, the Harvesting Rules, the ACE requirements, the Plan, Amendment 16, and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Committee prior to the commencement of the fishing year for which such Schedule of Penalties has been prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, shall have the authority to take any number of enforcement measures against the Members for the non-payment of membership dues and/or poundage fees. Such enforcement measures may include requesting expulsion of the violating Member under Section 8.02 and issuing a “stop fishing” order against such Member.
Appears in 2 contracts
Samples: Operations Plan and Agreement, Operations Plan and Agreement
Infractions Committee. The Board shall appoint an Infractions Committee (the “Committee”) consisting of a minimum of 3 Members. Such Committee shall include at least one Member from each of the primary gear types in the Sector (currently trawl and gillnet), shall include at least one member whose home port is north of Portland and one whose home port is south of Portland, and no Committee member shall be on the Board. The Committee shall to ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting Rules, the ACE DAS (as hereinafter defined) requirements set forth on Exhibit B C hereto, the Plan, the Framework Adjustment and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. The Committee shall be comprised of five (5) Members of the Sector. Board members shall not be eligible for appointment to the Committee. The Committee shall prepare and recommend to the Board for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (the “Schedule of Penalties”), for any unauthorized fishing activities (whether under applicable laws, rules and regulations or otherwise) and for violations of this Agreement, the Harvesting Rules, the ACE requirementsDAS (as hereinafter defined) requirements set forth on Exhibit C hereto, the Plan, Amendment 16, the Framework Adjustment and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Committee prior to the commencement of the fishing year for which such Schedule of Penalties has been prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, shall have the authority to take any number of enforcement measures against the Members for the non-non- payment of membership dues and/or poundage fees. Such enforcement measures may include requesting expulsion of the violating Member under Section 8.02 7.02 and issuing a “stop fishing” order against such Member.
Appears in 2 contracts
Samples: Operations Plan and Agreement, Operations Plan and Agreement
Infractions Committee. The Board shall appoint an infractions committee (“Infractions Committee (the “Committee”) consisting of a minimum of 3 three Members. Such Infractions Committee shall include at least one Member from each of the primary gear types in the Sector (currently trawl and gillnet), shall include at least one member whose home port is north of Portland and one whose home port is south of Portland, and no Infractions Committee member shall be on the Board. The Infractions Committee shall ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting Rules, the ACE (as hereinafter defined) requirements set forth on Exhibit B hereto, the Plan, the Framework Adjustment Amendment 16, and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. The Infractions Committee is responsible for reviewing the “Schedule of Penalties” attached as Exhibit A and shall either approve it or, if it determines appropriate, it shall prepare and recommend changes to the Board for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (the “approval. The Schedule of Penalties”), for Penalties shall address any unauthorized fishing activities (whether under applicable laws, rules and regulations or otherwise) and for violations of this Agreement, the Harvesting Rules, the ACE requirements, the Plan, Amendment 16, and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Infractions Committee prior to the commencement of the fishing year for which such Schedule of Penalties has been prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, Infractions Committee shall have the authority to take any number of enforcement measures against the Members for the non-payment of membership dues and/or poundage fees. Such enforcement measures may include requesting expulsion of the violating Member under Section 8.02 and issuing a “stop fishing” fishing order against such Member.
Appears in 1 contract
Samples: Operations Plan and Agreement
Infractions Committee. The Board shall appoint an Infractions Committee (the “Committee”) consisting of a minimum of 3 Members. Such Committee shall include at least one Member from each of the primary gear types in the Sector (currently trawl and gillnet), shall include at least one member whose home port is north of Portland and one whose home port is south of Portland, and no Committee member shall be on the Board. The Committee shall to ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting Rules, the ACE DAS (as hereinafter defined) requirements set forth on Exhibit B hereto, the Plan, the Framework Adjustment Plan and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. The Committee shall annually prepare and recommend to the Board for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (the “Schedule of Penalties”), for any unauthorized fishing activities (whether under applicable laws, rules and regulations or otherwise) and for violations of this Agreement, the Harvesting Rules, the ACE requirementsDAS (as hereinafter defined) requirements set forth on Exhibit B hereto, the Plan, Amendment 16, Plan and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Committee prior to the commencement of the fishing year for which such Schedule of Penalties has been prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, shall have the authority to take any number of enforcement measures against the Members for the non-non- payment of membership dues and/or poundage fees. Such enforcement measures may include requesting expulsion of the violating Member under Section 8.02 7.02 and issuing a “stop fishing” order against such Member.
Appears in 1 contract
Samples: Operations Plan and Agreement
Infractions Committee. The Board shall appoint an Infractions Committee (the “Committee”) consisting of a minimum of 3 Members. Such Committee shall include at least one Member from each of the primary gear types in the Sector (currently trawl and gillnet), shall include at least one member whose home port is north of Portland and one whose home port is south of Portland, and no Committee member shall be on the Board. The Committee shall to ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting Rules, the ACE DAS (as hereinafter defined) requirements set forth on Exhibit B hereto, the Plan, the Framework Adjustment and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. The Committee shall annually prepare and recommend to the Board for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (the “Schedule of Penalties”), for any unauthorized fishing activities (whether under applicable laws, rules and regulations or otherwise) and for violations of this Agreement, the Harvesting Rules, the ACE requirementsDAS (as hereinafter defined) requirements set forth on Exhibit B hereto, the Plan, Amendment 16, the Framework Adjustment and other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Committee prior to the commencement of the fishing year for which such Schedule of Penalties has been prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, shall have the authority to take any number of enforcement measures against the Members for the non-payment of membership dues and/or poundage fees. Such enforcement measures may include requesting expulsion of the violating Member under Section 8.02 7.02 and issuing a “stop fishing” order against such Member.
Appears in 1 contract
Samples: Operations Plan and Agreement
Infractions Committee. The Board shall appoint an infractions 33 committee (“Infractions Committee (the “Committee”) consisting of a minimum of 3 three Members. Such 34 Infractions Committee shall include at least one Member from each of the primary gear 35 types in the Sector (currently trawl and gillnet), shall include at least one member whose 36 home port is north of Portland and one whose home port is south of Portland, and no 37 Infractions Committee member shall be on the Board. The Infractions Committee shall 38 ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting 39 Rules, the ACE (as hereinafter defined) requirements set forth on Exhibit B hereto, the 40 Plan, the Framework Adjustment Amendment 16, and other Sector requirements as may be adopted under the terms 41 of this Agreement or the Sector’s Bylaws. The Infractions Committee shall prepare and recommend to the Board is responsible for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (42 reviewing the “Schedule of Penalties”)” attached as Exhibit A and shall either approve it 43 or, if it determines appropriate, it shall prepare and recommend changes to the Board for 44 its approval. The Schedule of Penalties shall address any unauthorized fishing activities 45 (whether under applicable laws, rules and regulations or otherwise) and for violations of this 1 Agreement, the Harvesting Rules, the ACE requirements, the Plan, Amendment 16, and 2 other Sector requirements as may be adopted under the terms of this Agreement or the 3 Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead 4 of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Committee prior to 6 the commencement of the fishing year for which such Schedule of Penalties has been 7 prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, Infractions Committee shall have the authority to take any 8 number of enforcement measures against the Members for the non-payment of 9 membership dues and/or poundage fees. Such enforcement measures may include 10 requesting expulsion of the violating Member under Section 8.02 and issuing a “stop fishing” 11 fishing order against such Member.
Appears in 1 contract
Samples: Operations Plan and Agreement
Infractions Committee. The Board shall appoint an infractions 30 committee (“Infractions Committee (the “Committee”) consisting of a minimum of 3 three Members. Such 31 Infractions Committee shall include at least one Member from each of the primary gear 32 types in the Sector (currently trawl and gillnet), shall include at least one member whose 33 home port is north of Portland and one whose home port is south of Portland, and no 34 Infractions Committee member shall be on the Board. The Infractions Committee shall 35 ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting 36 Rules, the ACE (as hereinafter defined) requirements set forth on Exhibit B hereto, the 37 Plan, the Framework Adjustment Amendment 16, and other Sector requirements as may be adopted under the terms 38 of this Agreement or the Sector’s Bylaws. The Infractions Committee shall prepare and recommend to the Board is responsible for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (39 reviewing the “Schedule of Penalties”)” attached as Exhibit A and shall either approve it 40 or, if it determines appropriate, it shall prepare and recommend changes to the Board for 41 its approval. The Schedule of Penalties shall address any unauthorized fishing activities 42 (whether under applicable laws, rules and regulations or otherwise) and for violations of this 43 Agreement, the Harvesting Rules, the ACE requirements, the Plan, Amendment 16, and 44 other Sector requirements as may be adopted under the terms of this Agreement or the 45 Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead 1 of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Committee prior to 3 the commencement of the fishing year for which such Schedule of Penalties has been 4 prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, Infractions Committee shall have the authority to take any 5 number of enforcement measures against the Members for the non-payment of 6 membership dues and/or poundage fees. Such enforcement measures may include 7 requesting expulsion of the violating Member under Section 8.02 and issuing a “stop fishing” 8 fishing order against such Member.
Appears in 1 contract
Samples: Operations Plan and Agreement
Infractions Committee. The Board shall appoint an infractions 32 committee (“Infractions Committee (the “Committee”) consisting of a minimum of 3 three Members. Such 33 Infractions Committee shall include at least one Member from each of the primary gear 34 types in the Sector (currently trawl and gillnet), shall include at least one member whose 35 home port is north of Portland and one whose home port is south of Portland, and no 36 Infractions Committee member shall be on the Board. The Infractions Committee shall 37 ensure fair, consistent and appropriate enforcement of this Agreement, the Harvesting 38 Rules, the ACE (as hereinafter defined) requirements set forth on Exhibit B hereto, the 39 Plan, the Framework Adjustment Amendment 16, and other Sector requirements as may be adopted under the terms 40 of this Agreement or the Sector’s Bylaws. The Infractions Committee shall prepare and recommend to the Board is responsible for its approval a schedule of penalties, which shall be similar in form to Exhibit A hereto (41 reviewing the “Schedule of Penalties”)” attached as Exhibit A and shall either approve it 42 or, if it determines appropriate, it shall prepare and recommend changes to the Board for 43 its approval. The Schedule of Penalties shall address any unauthorized fishing activities 44 (whether under applicable laws, rules and regulations or otherwise) and for violations of this 45 Agreement, the Harvesting Rules, the ACE requirements, the Plan, Amendment 16, and 1 other Sector requirements as may be adopted under the terms of this Agreement or the 2 Sector’s Bylaws. Such schedule of penalties may be based on reductions in ACE instead 3 of or as an alternative to dollars amounts. The Board shall review and approve any Schedule of Penalties prepared and recommended by the Committee prior to 5 the commencement of the fishing year for which such Schedule of Penalties has been 6 prepared. In addition, the Committee, on its own or at the request of a Manager or Member pursuant to Section 3.04 hereof, Infractions Committee shall have the authority to take any 7 number of enforcement measures against the Members for the non-payment of 8 membership dues and/or poundage fees. Such enforcement measures may include 9 requesting expulsion of the violating Member under Section 8.02 and issuing a “stop fishing” 10 fishing order against such Member.
Appears in 1 contract
Samples: Operations Plan and Agreement