Common use of Procedures for Investigations Clause in Contracts

Procedures for Investigations. In addition to the Manager’s authority to invoke penalties under the Schedule of Penalties, 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 or other Sector requirements 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. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority of its members that a violation of this Agreement, the Harvesting Rules, the Plan or other Sector requirements 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, to 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 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.4 of the Operations Plan. Each Member 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 invoke impose penalties under the Schedule of PenaltiesPenalties 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 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 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, warning to reductions in ACE to the Member, its Permits and its Participating Vessels by the Sector, to 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 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 7.4 7.05 hereof. Each of the Operations Plan. Each Member 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 invoke penalties under the Schedule of Penalties, 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 or other Sector requirements 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. Such Committee member assignments shall be rotated. If, upon the conclusion of such investigation, the Committee determines by an affirmative vote of a majority of its members that a violation of this Agreement, the Harvesting Rules, the Plan or other Sector requirements 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, warning to reductions in ACE to the Member, its Permits and its Participating Vessels by the Sector, to 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 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.4 of the Operations Plan. Each Member 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 invoke impose penalties under the Schedule of PenaltiesPenalties 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 Plan, 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 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, warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, to allocation seizures, 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 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 7.4 7.04 hereof. Each of the Operations Plan. Each Member 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 invoke penalties under 11 of the Schedule of Penalties, 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 Plan, 14 Agreement or other Sector requirements 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 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 Plan, 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, warning to fines or reductions in ACE ACE, 28 to stop fishing orders) or to recommend expulsion of the Member, its Permits and its Participating Vessels by the Sector, to issue “stop fishing” orders. 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 Plan 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 7.4 7.05 hereof. Each of the Operations Plan. Each Member 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 invoke penalties under the Schedule of Penalties13 described in Section 3.02 hereof, the Manager may, on his own, and shall, at the request 14 of the Board or a Member, request that the Infractions Committee conduct an 15 investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan Plan, 17 Agreement or other Sector requirements the Sector’s Bylaws, by calling a meeting of the Infractions Committee and 18 presenting it with the information that is the basis for the Manager’s or Member’s opinion 19 that an infraction occurred. The Infractions Committee shall operate as a “blind” 20 committee, such that the identity of the Member, Permit and/or Participating Vessel 21 under consideration shall only be known to the Manager. The Committee may assign a 22 number of its members, which constitutes no more than 50% of the Infractions 23 Committee, to investigate the matter further and to recommend action, if any, to the full 24 Infractions Committee. Such Committee committee member assignments shall be rotated. If, upon 25 the conclusion of such investigation, the Infractions Committee determines by an 26 affirmative vote of a majority (51%) of its members that a violation of this Agreement, 27 the Harvesting Rules, the Plan Plan, Amendment 16, or other Sector requirements (as may be 28 adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, 29 and is hereby given the authority to (in addition to the imposition of any impose penalties consistent with those prescribed in 30 the Schedule of Penalties), invoke sanctions, (ranging from letters of warning, warning to fines or reductions in ACE ACE, 31 to stop fishing orders) or to recommend expulsion of the Member, its Permits and its Participating Vessels by the Sector, to issue “stop fishing” orders. The Infractions 32 Committee shall exercise all reasonable efforts to ensure that penalties and settlements 33 are commensurate with the nature and extent of the violation, are designed to further the 34 purposes of the Plan Sector, Plan, and Amendment 16, and are uniform with those reached in 35 similar circumstances. All appeals from such Infractions Committee action shall be taken 36 in accordance with Section 7.4 7.05 hereof. Each of the Operations Plan. Each Member Members agrees to cooperate fully 37 with the Manager and the Infractions Committee in such investigations and procedures 38 (including cooperation with any requests for information or data that may be made by the 39 Manager or the Infractions Committee).

Procedures for Investigations. 27 In addition to the Manager’s authority to invoke penalties under the Schedule of 28 Penalties, the Manager may, on his own, and shall, at the request of a Member, request 29 that the Committee Manager conduct an investigation of possible infractions of the Agreement, the 30 Harvesting Rules, the Plan Plan, or other Sector requirements as may be adopted under the 31 terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the Committee 32 and presenting it with the information that is the basis for the Manager’s or Member’s 33 opinion that an infraction occurred. The Committee shall operate as a “blind” committee, such that 35 All investigations will be reviewed by the identity of the Member, Permit and/or Participating Vessel under consideration shall only be known to the Manager. Such Committee member assignments shall be rotatedCommittee. If, upon the conclusion of such 36 investigation, the Committee determines by an affirmative vote of a majority of its 37 members that a violation of this Agreement, the Harvesting Rules, the Plan Plan, or other 38 Sector requirements (as may be adopted under the terms of this Agreement or the 39 Sector’s Bylaws) has occurred, it may, and is hereby given the authority to (in addition to the imposition of may impose any penalties prescribed in the Schedule of Penalties), invoke sanctions, ranging from letters of warning, to reductions in ACE 40 Penalties to the Member, its Permits and its Participating Vessels by the Sector, to or issue 41 “stop fishing” orders. 42 43 The Committee shall exercise all reasonable efforts to ensure that penalties and 44 settlements are commensurate with the nature and extent of the violation, are designed to 45 further the purposes of the Plan Plan, and are uniform with those reached in similar circumstances. similar 1‌ 2 All appeals from such Committee action shall be taken in accordance with Section 7.4 5.11 3 hereof. Each of the Operations Plan. Each Member Members agrees to cooperate fully with the Manager and the 4 Committee in such investigations and procedures (including cooperation with any 5 requests for information or data that may be made by the Manager or the Committee).. 7 If an observer or electronic record reports that a vessel operator has discarded 20 pounds 8 or less of legal size fish of white xxxx of any size, and this report is a first offense, the 9 manager will not initiate an infraction review or report but instead will notify owner of 10 the occurrence with an advisory that a second occurrence will result in an infraction 11 review. 13 5.6. Penalties for Violations 15 Any penalties that are imposed upon a Member by the Sector pursuant to the terms of this 16 Agreement shall be in addition to, and not in lieu of, any other potential state or federal 17 penalty that may be imposed upon such Member. 19 Sector members agree that penalties and assessments imposed on the Sector for violations 20 committed by an individual member, for which all members may be jointly and severally 21 liable, will to the maximum extent possible be the sole responsibility of the individual 22 member committing those violations to reimburse the sector, including all monetary fines 23 and ACE reductions imposed by the sector and/or the National Marine Fisheries Service. 24 25 5.7. Expulsion 26

Procedures for Investigations. In addition to the Manager’s authority to invoke impose penalties under the Schedule of PenaltiesPenalties 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 Plan, 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 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, warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, to 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 Plan, the Framework Adjustment and Amendment 13 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.4 6.04 hereof. Each of the Operations Plan. Each Member 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 invoke impose penalties under the Schedule of PenaltiesPenalties 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 Plan, the Framework Adjustment or other Sector 10 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 Plan, the Framework Adjustment or other Sector requirements has 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 warning, 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, to allocation seizures, or issue “stop fishing” 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 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 7.4 7.04 hereof. Each of the Operations Plan. Each Member 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 invoke penalties under the Schedule of Penaltiesdescribed 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 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 Board may assign a number of its 8 members, which constitutes no more than 50% of the Board, to investigate the matter further and 9 to recommend action, if any, to the full Board. 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 Plan, 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 warningwarning to fines or reductions in ACE, to reductions in ACE stop fishing orders) or to the Member, its Permits and its Participating Vessels by the Sector, to issue “stop fishing” orders. The Committee shall exercise all reasonable efforts 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 Plan 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 7.4 of the Operations Plan. Each Member 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 invoke penalties under the Schedule of Penalties, 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 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 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 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, to 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 are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.4 8.9. Each of the Operations Plan. Each Member 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 invoke impose penalties under the Schedule of PenaltiesPenalties 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 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 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, warning to reductions in ACE allocation of days-at- sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, to 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 and Amendment 13 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.4 6.04 hereof. Each of the Operations Plan. Each Member 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 invoke penalties under the Schedule of PenaltiesPenalties 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 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 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, warning to reductions in ACE allocation of days-at-sea allotted (“DAS”) to the Member, its Permits and its Participating Vessels by the Sector, to 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 and Amendment 13 and are uniform with those reached in similar circumstances. All appeals from such Committee action shall be taken in accordance with Section 7.4 6.04 hereof. Each of the Operations Plan. Each Member 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 invoke penalties under the Schedule of Penaltiesdescribed 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 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 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 Plan, 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 warningwarning to fines or reductions in ACE, to reductions in ACE stop fishing orders) or to recommend expulsion of the Member, its Permits and its Participating Vessels by the Sector, to issue “stop fishing” orders. 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 Plan 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 7.4 7.05 hereof. Each of the Operations Plan. Each Member 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 invoke penalties under the Schedule of Penalties12 described in Section 3.02 hereof, the Manager may, on his own, and shall, at the request 13 of the Board or a Member, request that the Infractions Committee conduct an 14 investigation of possible infractions of the Agreement, the Harvesting Rules, the Plan Plan, 16 Agreement or other Sector requirements the Sector’s Bylaws, by calling a meeting of the Infractions Committee and 17 presenting it with the information that is the basis for the Manager’s or Member’s opinion 18 that an infraction occurred. The Infractions Committee shall operate as a “blind” 19 committee, such that the identity of the Member, Permit and/or Participating Vessel 20 under consideration shall only be known to the Manager. The Committee may assign a 21 number of its members, which constitutes no more than 50% of the Infractions 22 Committee, to investigate the matter further and to recommend action, if any, to the full 23 Infractions Committee. Such Committee committee member assignments shall be rotated. If, upon 24 the conclusion of such investigation, the Infractions Committee determines by an 25 affirmative vote of a majority (51%) of its members that a violation of this Agreement, 26 the Harvesting Rules, the Plan Plan, Amendment 16, or other Sector requirements (as may be 27 adopted under the terms of this Agreement or the Sector’s Bylaws) has occurred, it may, 28 and is hereby given the authority to (in addition to the imposition of any impose penalties consistent with those prescribed in 29 the Schedule of Penalties), invoke sanctions, (ranging from letters of warning, warning to fines or reductions in ACE ACE, 30 to stop fishing orders) or to recommend expulsion of the Member, its Permits and its Participating Vessels by the Sector, to issue “stop fishing” orders. The Infractions 31 Committee shall exercise all reasonable efforts to ensure that penalties and settlements 32 are commensurate with the nature and extent of the violation, are designed to further the 33 purposes of the Plan Sector, Plan, and Amendment 16, and are uniform with those reached in 34 similar circumstances. All appeals from such Infractions Committee action shall be taken 35 in accordance with Section 7.4 7.05 hereof. Each of the Operations Plan. Each Member Members agrees to cooperate fully 36 with the Manager and the Infractions Committee in such investigations and procedures 37 (including cooperation with any requests for information or data that may be made by the 38 Manager or the Infractions Committee).

Procedures for Investigations. In addition to the Manager’s authority to invoke penalties under the Schedule of Penaltiesdescribed 44 in Section 3.02 hereof, the Manager may, on his own, and shall, at the request of the Board or a 45 Member, request that the Committee Board conduct an investigation of possible infractions of the 46 Agreement, the Harvesting Rules, the Plan Plan, Amendment 16, or other Sector requirements as may 1 be adopted under the terms of this Agreement or the Sector’s Bylaws, by calling a meeting of the 2 Infractions Committee and presenting it with the information that is the basis for the Manager’s 3 or Member’s opinion that an infraction occurred. The Committee Board shall operate as a “blind” 4 committee, such that the identity of the Member, Permit and/or Participating Vessel under 5 consideration shall only be known to the Manager. The Board may assign a number of its 6 members, which constitutes no more than 50% of the Board, to investigate the matter further and 7 to recommend action, if any, to the full Board. Such Committee committee member assignments shall be 8 rotated. If, upon the conclusion of such investigation, the Committee Board determines by an affirmative 9 vote of a majority (51%) of its members that a violation of this Agreement, the Harvesting Rules, 10 the Plan Plan, Amendment 16, or other Sector requirements (as may be adopted under the terms of 11 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 12 impose penalties consistent with those prescribed in the Schedule of Penalties), invoke sanctions, (ranging from 13 letters of warningwarning to fines or reductions in ACE, to reductions in ACE stop fishing orders) or to the Member, its Permits and its Participating Vessels by the Sector, to issue “stop fishing” orders. The Committee shall exercise all reasonable efforts to ensure that penalties recommend 15 and settlements are commensurate with the nature and extent of the violation, are designed to 16 further the purposes of the Plan 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 7.4 of the Operations Plan. Each Member 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