Common use of Procedures for Investigations Clause in Contracts

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under the Schedule of Penalties pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. The Committee shall assign a number of its members, which constitutes no more than 50% of the Committee, to investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning to reductions in ACE to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan, Amendment 16, and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.05 hereof. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under 11 of the Schedule of Penalties pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of Board or a Member, request that the Infractions Committee conduct an 12 investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, or other Sector requirements as may be adopted under the terms of this 14 Agreement or the Sector’s Bylaws, by calling a meeting of the Infractions Committee and 15 presenting it with the information that is the basis for the Manager’s or Member’s opinion 16 that an infraction occurred. The Infractions Committee shall operate as a “blind” 17 committee, such that the identity of the Member, Permit and/or Participating Vessel 18 under consideration shall only be known to the Manager. The Committee shall may assign a 19 number of its members, which constitutes no more than 50% of the Infractions 20 Committee, to investigate the matter further and to recommend action, if any, to the full 21 Infractions Committee. Such Committee committee member assignments shall be rotated. If, upon 22 the conclusion of such investigation, the Infractions Committee determines by an 23 affirmative vote of a majority (51%) of its members that a violation of this Agreement, 24 the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Sector requirements (as may be 25 adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, 26 and is hereby given the authority to (in addition to the imposition of any impose penalties consistent with those prescribed in 27 the Schedule of Penalties), invoke sanctions, (ranging from letters of warning to fines or reductions in ACE ACE, 28 to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders) or to recommend expulsion of the Member. The Infractions 29 Committee shall exercise all reasonable efforts to ensure that penalties and settlements 30 are commensurate with the nature and extent of the violation, are designed to further the 31 purposes of the Sector, Plan, and Amendment 16, and are uniform with those reached in 32 similar circumstances. All appeals from such Infractions Committee action shall be taken 33 in accordance with Section 7.05 hereof. Each of the Members agrees to cooperate fully 34 with the Manager and the Infractions Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).procedures

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under the Schedule of Penalties pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, the Framework Adjustment or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. The Committee shall assign a number of its members, which constitutes no more than 50% of the Committee, and the Manager, to investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.05 7.04 hereof. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, Amendment 16, the Framework Adjustment or other Sector Xxxxxx 00 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member 44 investigation assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector Xxxxxx 0 requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.05 7.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee).. 17

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under the Schedule of Penalties pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, the Framework Adjustment or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. The Committee shall assign a number of its members, which constitutes no more than 50% of the Committee, to investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan, the Framework Adjustment and Amendment 16, 13 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.05 6.04 hereof. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under the Schedule of Penalties pursuant to described in Section 3.02 hereof, the Manager may, on his own, and shall, at the request of the Board or a Member, request that the Infractions Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Infractions Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Infractions Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. The Committee shall may assign a number of its members, which constitutes no more than 50% of the Infractions Committee, to investigate the matter further and to recommend action, if any, to the full Infractions Committee. Such Committee committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Infractions Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of any impose penalties consistent with those prescribed in the Schedule of Penalties), invoke sanctions, (ranging from letters of warning to fines or reductions in ACE ACE, to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders) or to recommend expulsion of the Member. The Infractions Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Sector, Plan, and Amendment 16, and are uniform with those reached in similar circumstances. All appeals from such Infractions Committee action shall be taken in accordance with Section 7.05 hereof. Each of the Members agrees to cooperate fully with the Manager and the Infractions Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Infractions Committee).

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under the Schedule of Penalties pursuant to described 46 in Section 3.02 hereof, the Manager may, on his own, and shall, at the request of the Board or a 1 Member, request that the Committee Board conduct an investigation of possible infractions of the 2 Agreement, the Harvesting Rules, the Plan, Amendment 16, or other Sector requirements as may 3 be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the 4 Infractions Committee and presenting it with the information that is the basis for the Manager’s 5 or Member’s opinion that an infraction occurred. The Committee Board shall operate as a “blind” 6 committee, such that the identity of the Member, Permit and/or Participating Vessel under 7 consideration shall only be known to the Manager. The Committee shall Board may assign a number of its 8 members, which constitutes no more than 50% of the CommitteeBoard, to investigate the matter further and 9 to recommend action, if any, to the full CommitteeBoard. Such Committee committee member assignments shall be 10 rotated. If, upon the conclusion of such investigation, the Committee Board determines by an affirmative 11 vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, 12 the Plan, the Framework Adjustment Amendment 16, or other Sector requirements (as may be adopted under the terms of 13 this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of any 14 impose penalties consistent with those prescribed in the Schedule of Penalties), invoke sanctions, (ranging from 15 letters of warning to fines or reductions in ACE ACE, to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders. The Committee shall exercise all reasonable efforts ) or to ensure that penalties recommend 17 and settlements are commensurate with the nature and extent of the violation, are designed to 18 further the purposes of the Sector, Plan, and Amendment 16, and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.05 hereof. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).reached

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under the Schedule of Penalties pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, Plan or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. The Committee shall assign a number of its members, which constitutes no more than 50% of the Committee, to investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Plan or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning to reductions in ACE allocation of days-at- sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan, Plan and Amendment 16, 13 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.05 6.04 hereof. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).

Procedures for Investigations. 6 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 7 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 8 Member, request that the Committee conduct an investigation of possible infractions of the 9 Agreement, the Harvesting Rules, the Plan, Amendment 16, the Framework Adjustment or other Sector Xxxxxx 00 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 11 calling a meeting of the Committee and presenting it with the information that is the basis for 12 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 13 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 14 under consideration shall only be known to the Manager. The Committee shall assign a number 15 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 16 investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member 17 investigation assignments shall be rotated. The Member being investigated may not be part of 18 the investigation Committee. If, upon the conclusion of such investigation, the Committee 19 determines by an affirmative vote of a majority (51%) of its members that a violation of this 20 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has Xxxxxx 22 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 23 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 24 warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 25 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 26 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 27 commensurate with the nature and extent of the violation, are designed to further the purposes 28 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 29 with those reached in similar circumstances. All appeals from such Committee action shall be 30 taken in accordance with Section 7.05 7.04 hereof. Each of the Members agrees to cooperate fully 31 with the Manager and the Committee in such investigations and procedures (including 32 cooperation with any requests for information or data that may be made by the Manager or the 33 Committee).

Procedures for Investigations. In addition to the Manager’s authority to impose invoke penalties under the Schedule of Penalties pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, Plan or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. The Committee shall assign a number of its members, which constitutes no more than 50% of the Committee, to investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, the Framework Adjustment Plan or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan, Plan and Amendment 16, 13 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.05 6.04 hereof. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).

Procedures for Investigations. 33 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 34 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 35 Member, request that the Committee conduct an investigation of possible infractions of the 36 Agreement, the Harvesting Rules, the Plan, Amendment 16, the Framework Adjustment or other Sector 37 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 38 calling a meeting of the Committee and presenting it with the information that is the basis for 39 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 40 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 41 under consideration shall only be known to the Manager. The Committee shall assign a number 42 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 43 investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member 44 investigation assignments shall be rotated. The Member being investigated may not be part of 1 the investigation Committee. If, upon the conclusion of such investigation, the Committee 2 determines by an affirmative vote of a majority (51%) of its members that a violation of this 3 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector 4 requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 5 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 6 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 7 warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 8 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 9 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 10 commensurate with the nature and extent of the violation, are designed to further the purposes 11 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 12 with those reached in similar circumstances. All appeals from such Committee action shall be 13 taken in accordance with Section 7.05 7.04 hereof. Each of the Members agrees to cooperate fully 14 with the Manager and the Committee in such investigations and procedures (including 15 cooperation with any requests for information or data that may be made by the Manager or the 16 Committee).. 17

Procedures for Investigations. In addition to the Manager’s authority to impose invoke penalties under the Schedule of Penalties pursuant to Section 3.02 hereofPenalties, the Manager may, on his her own, and shall, at the request of a Member, request that the Committee conduct an investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, Amendment 16, or other Sector requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee and presenting it with the information that is the basis for the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. The Committee shall assign a number of its members, which constitutes no more than 50% of the Committee, to investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of impose any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning to reductions in ACE Penalties to the Member, its Permits and its Participating Vessels by the Sector, or issue “stop fishing fishing” orders. The Committee shall exercise all reasonable efforts to ensure that penalties and settlements are commensurate with the nature and extent of the violation, are designed to further the purposes of the Plan, Amendment 16, and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.05 hereof8.9. Each of the Members agrees to cooperate fully with the Manager and the Committee in such investigations and procedures (including cooperation with any requests for information or data that may be made by the Manager or the Committee).

Procedures for Investigations. In addition to the Manager’s authority to impose penalties under 11 of the Schedule of Penalties pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of Board or a Member, request that the Infractions Committee conduct an 12 investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan, 13 Amendment 16, or other Sector requirements as may be adopted under the terms of this 14 Agreement or the Sector’s Bylaws, by calling a meeting of the Infractions Committee and 15 presenting it with the information that is the basis for the Manager’s or Member’s opinion 16 that an infraction occurred. The Infractions Committee shall operate as a “blind” 17 committee, such that the identity of the Member, Permit and/or Participating Vessel 18 under consideration shall only be known to the Manager. The Committee shall may assign a 19 number of its members, which constitutes no more than 50% of the Infractions 20 Committee, to investigate the matter further and to recommend action, if any, to the full 21 Infractions Committee. Such Committee committee member assignments shall be rotated. If, upon 22 the conclusion of such investigation, the Infractions Committee determines by an 23 affirmative vote of a majority (51%) of its members that a violation of this Agreement, 24 the Harvesting Rules, the Plan, the Framework Adjustment Amendment 16, or other Sector requirements (as may be 25 adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, 26 and is hereby given the authority to (in addition to the imposition of any impose penalties consistent with those prescribed in 27 the Schedule of Penalties), invoke sanctions, (ranging from letters of warning to fines or reductions in ACE ACE, 28 to the Member, its Permits and its Participating Vessels by the Sector, or issue stop fishing orders) or to recommend expulsion of the Member. The Infractions 29 Committee shall exercise all reasonable efforts to ensure that penalties and settlements 30 are commensurate with the nature and extent of the violation, are designed to further the 31 purposes of the Sector, Plan, and Amendment 16, and are uniform with those reached in 32 similar circumstances. All appeals from such Infractions Committee action shall be taken 33 in accordance with Section 7.05 hereof. Each of the Members agrees to cooperate fully 34 with the Manager and the Infractions Committee in such investigations and procedures 35 (including cooperation with any requests for information or data that may be made by the 36 Manager or the Infractions Committee).

Procedures for Investigations. 36 In addition to the Manager’s authority to impose penalties under the Schedule of Penalties 37 pursuant to Section 3.02 hereof, the Manager may, on his own, and shall, at the request of a 38 Member, request that the Committee conduct an investigation of possible infractions of the 39 Agreement, the Harvesting Rules, the Plan, Amendment 16, the Framework Adjustment or other Sector 40 requirements as may be adopted under the terms of this Agreement or the Sector’s Bylaws, by 41 calling a meeting of the Committee and presenting it with the information that is the basis for 42 the Manager’s or Member’s opinion that an infraction occurred. The Committee shall operate 43 as a “blind” committee, such that the identity of the Member, Permit and/or Participating Vessel 44 under consideration shall only be known to the Manager. The Committee shall assign a number 1 of its members, which constitutes no more than 50% of the Committee, and the Manager, to 2 investigate the matter further and to recommend action, if any, to the full Committee. Such Committee member 3 investigation assignments shall be rotated. The Member being investigated may not be part of 4 the investigation Committee. If, upon the conclusion of such investigation, the Committee 5 determines by an affirmative vote of a majority (51%) of its members that a violation of this 6 Agreement, the Harvesting Rules, the Plan, the Framework Adjustment or other Sector 7 requirements (as may be adopted under the terms of this Agreement or the Sector’s Bylaws) has 8 occurred, it may, and is hereby given the authority to (in addition to the imposition of any 9 penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of 10 warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits 11 and its Participating Vessels by the Sector, allocation seizures, or issue stop fishing orders. The 12 Committee shall exercise all reasonable efforts to ensure that penalties and settlements are 13 commensurate with the nature and extent of the violation, are designed to further the purposes 14 of the Plan, the Framework Adjustment, Amendment 13 and Amendment 16, and are uniform 15 with those reached in similar circumstances. All appeals from such Committee action shall be 16 taken in accordance with Section 7.05 7.04 hereof. Each of the Members agrees to cooperate fully 17 with the Manager and the Committee in such investigations and procedures (including 18 cooperation with any requests for information or data that may be made by the Manager or the 19 Committee).. 20