Common use of SAFE HARBOR PROTOCOL Clause in Contracts

SAFE HARBOR PROTOCOL. To promote safety at sea, the sector sets forth the following protocols for 3 variance from the landing ports listed. If for reasons beyond a vessel operators control such as 4 severe weather, mechanical failures, compromised hull integrity, instances of pump failures and 5 danger of sinking, grew injury or life threatening illness and any other emergency situations that 6 may arise, a sector vessel may enter a port other than those listed as “Landing Ports” to ensure the 7 safety of the vessel and its crew. In the event that a sector vessel must utilize this safe harbor 8 protocol, they must notify the sector manager and NMFS OLE of when and where they had to 3 Prohibition on combining small-mesh exempted fishery and sector trips 5 The exemption applies to sector trips only and is intended to allow a vessel to catch small-mesh species 6 after targeting groundfish. Under this exemption, a sector vessel must fish with trawl nets that meet 7 current regulatory requirements and sector exemptions during the first part of the trip, but may switch to 8 modified small-mesh gear for the second portion of the trip. The small-mesh portion of the trip must be 9 fished in the Sector Small-Mesh Fishery Exemption Area, described below, and must use the modified 10 small-mesh gear described below. A vessel may land xxxxxxx, longfin squid, mackerel, xxxxxxx and other 11 species permitted for retention in small-mesh exempted fisheries, provided the vessel still meets the 12 requirements of those fisheries. For more information on small-mesh fishery exemptions and permitted 13 species see: 14 xxxxx://xxx.xxxxxxxxxxxxxxx.xxxxxxxxx.xxxx.xxx/regs/infodocs/small_mesh_exemptions.pdf 15 Vessels may not fish the small-mesh portion of their trip using this exemption in the Southern 16 Windowpane Accountability Measure Areas, where they overlap with the exemption area. 1 As shown above, the Sector Small-Mesh Fishery Exemption Area is comprised of Statistical Areas 537, 2 539, and 613, and is defined as the waters bounded by the following points, connected in the order listed 3 by rhumb lines, except where otherwise noted: A 70° 00' 41° 14.45' (1) B 70° 00' 39° 50' C 71° 40' 39° 50' D 71° 40' 40° 00' E 73° 00' 40° 00' F 73° 00' 40° 44.9' (2)(3) G 72° 1.8' 41° 00' (3)(4) H 71° 40' 41° 00' I 71° 40' 41° 21' (5)(6) J 71° 10' 41° 28.3' (6)(7) K 71° 10' 41° 20' L 70° 49.5' 41° 20' (8)(9) M 70° 26.96' 41° 21.05' (9)(10) N 70° 18.82' 41° 20.14' (11)(12) O 70° 18.30' 41° 19.76' (12)(13) P 70° 16.65' 41° 18.73' (14)(15) Q 70° 15.31' 41° 17.32' (15)(16) R 70° 14' 41° 17' (17)(18) A 70° 00' 41° 14.45' (18)(1) (1) Point A represents the intersection of 70°00'W longitude and the south coast of Nantucket, MA

SAFE HARBOR PROTOCOL. To promote safety at sea, the sector sets forth the following protocols for 3 variance from the landing ports listed. If for reasons beyond a vessel operators control such as 4 severe weather, mechanical failures, compromised hull integrity, instances of pump failures and 5 danger of sinking, grew injury or life threatening illness and any other emergency situations that 6 may arise, a sector vessel may enter a port other than those listed as “Landing Ports” to ensure the 7 safety of the vessel and its crew. In the event that a sector vessel must utilize this safe harbor 8 protocol, they must notify the sector manager and NMFS OLE of when and where they had to 3 Prohibition on combining small-mesh exempted fishery and sector trips 5 The exemption applies to sector trips only and is intended to allow a vessel to catch small-mesh species 6 after targeting groundfish. Under this exemption, a sector vessel must fish with trawl nets that meet 7 current regulatory requirements and sector exemptions during the first part of the trip, but may switch to 8 modified small-mesh gear for the second portion of the trip. The small-mesh portion of the trip must be 9 fished in the Sector Small-Mesh Fishery Exemption Area, described below, and must use the modified 10 small-mesh gear described below. A vessel may land xxxxxxx, longfin squid, mackerel, xxxxxxx and other 11 species permitted for retention in small-mesh exempted fisheries, provided the vessel still meets the 12 requirements of those fisheries. For more information on small-mesh fishery exemptions and permitted 13 species see: 14 xxxxx://xxx.xxxxxxxxxxxxxxx.xxxxxxxxx.xxxx.xxx/regs/infodocs/small_mesh_exemptions.pdf 15 Vessels may not fish the small-mesh portion of their trip using this exemption in the Southern 16 Windowpane Accountability Measure Areas, where they overlap with the exemption area. 1 As shown above, the Sector Small-Mesh Fishery Exemption Area is comprised of Statistical Areas 537, 2 539, and 613, and is defined as the waters bounded by the following points, connected in the order listed 3 by rhumb lines, except where otherwise noted: A 70° 00' 41° 14.45' (1) B 70° 00' 39° 50' C 71° 40' 39° 50' D 71° 40' 40° 00' E 73° 00' 40° 00' F 73° 00' 40° 44.9' (2)(3) G 72° 1.8' 41° 00' (3)(4) H 71° 40' 41° 00' I 71° 40' 41° 21' (5)(6) J 71° 10' 41° 28.3' (6)(7) K 71° 10' 41° 20' L 70° 49.5' 41° 20' (8)(9) M 70° 26.96' 41° 21.05' (9)(10) N 70° 18.82' 41° 20.14' (11)(12) O 70° 18.30' 41° 19.76' (12)(13) P 70° 16.65' 41° 18.73' (14)(15) Q 70° 15.31' 41° 17.32' (15)(16) R 70° 14' 41° 17' (17)(18) A 70° 00' 41° 14.45' (18)(1) (1) Point A represents the intersection of 70°00'W longitude and the south coast of Nantucket, MA

SAFE HARBOR PROTOCOL. To promote safety at sea, the sector sets forth the following protocols for 3 variance from the landing ports listed. If for reasons beyond a vessel operators control such as 4 severe weather, mechanical failures, compromised hull integrity, instances of pump failures and 5 danger of sinking, grew injury or life threatening illness and any other emergency situations that 6 may arise, a sector vessel may enter a port other than those listed as “Landing Ports” to ensure the 7 safety of the vessel and its crew. In the event that a sector vessel must utilize this safe harbor 8 protocol, they must notify the sector manager and NMFS OLE of when and where they had to 3 Prohibition on combining small-mesh exempted fishery and sector trips 5 The exemption applies to sector trips only and is intended to allow a vessel to catch small-mesh species 6 after targeting groundfish. Under this exemption, a sector vessel must fish with trawl nets that meet 7 current regulatory requirements and sector exemptions during the first part of the trip, but may switch to 8 modified small-mesh gear for the second portion of the trip. The small-mesh portion of the trip must be 9 fished in the Sector Small-Mesh Fishery Exemption Area, described below, and must use the modified 10 small-mesh gear described below. A vessel may land xxxxxxx, longfin squid, mackerel, xxxxxxx and other 11 species permitted for retention in small-mesh exempted fisheries, provided the vessel still meets the 12 requirements of those fisheries. For more information on small-mesh fishery exemptions and permitted 13 species see: 14 xxxxx://xxx.xxxxxxxxxxxxxxx.xxxxxxxxx.xxxx.xxx/regs/infodocs/small_mesh_exemptions.pdf 15 Vessels may not fish the small-mesh portion of their trip using this exemption in the Southern 16 Windowpane Accountability Measure Areas, where they overlap with the exemption area. 1 As shown above A drop chain sweep with a minimum drop of 12 inches (30.48 cm) in length, with a 24 inch 2 headrope setback; or 4  A large mesh belly panel with a minimum mesh size of 32 inches (81.28 cm), with the Sector Small-Mesh Fishery Exemption Area is comprised meshes 5 hung on the half (hanging ration of Statistical Areas 537, 2 539, and 613, and is defined as the waters bounded by the following points, connected in the order listed 3 by rhumb lines, except where otherwise noted: A 70° 00' 41° 14.45' (1) B 70° 00' 39° 50' C 71° 40' 39° 50' D 71° 40' 40° 00' E 73° 00' 40° 00' F 73° 00' 40° 44.9' (2)(3) G 72° 1.8' 41° 00' (3)(4) H 71° 40' 41° 00' I 71° 40' 41° 21' (5)(6) J 71° 10' 41° 28.3' (6)(7) K 71° 10' 41° 20' L 70° 49.5' 41° 20' (8)(9) M 70° 26.96' 41° 21.05' (9)(10) N 70° 18.82' 41° 20.14' (11)(12) O 70° 18.30' 41° 19.76' (12)(13) P 70° 16.65' 41° 18.73' (14)(15) Q 70° 15.31' 41° 17.32' (15)(16) R 70° 14' 41° 17' (17)(18) A 70° 00' 41° 14.45' (18)(12:1) (1) Point A represents the intersection of 70°00'W longitude and the south coast of Nantucket, MA; or

SAFE HARBOR PROTOCOL. To promote safety at sea, the sector sets forth the following protocols for 3 variance from the landing ports listed. If for reasons beyond a vessel operators control such as 4 severe weather, mechanical failures, compromised hull integrity, instances of pump failures and 5 danger of sinking, grew injury or life threatening illness and any other emergency situations that 6 may arise, a sector vessel may enter a port other than those listed as “Landing Ports” to ensure the 7 safety of the vessel and its crew. In the event that a sector vessel must utilize this safe harbor 8 protocol, they must notify the sector manager and NMFS OLE of when and where they had to 3 Prohibition on combining small-mesh exempted fishery and sector trips 5 The exemption applies to sector trips only and is intended to allow a vessel to catch small-mesh species 6 after targeting groundfish. Under this exemption, a sector vessel must fish with trawl nets that meet 7 current regulatory requirements and sector exemptions during the first part of the trip, but may switch to 8 modified small-mesh gear for the second portion of the trip. The small-mesh portion of the trip must be 9 fished in the Sector Small-Mesh Fishery Exemption Area, described below, and must use the modified 10 small-mesh gear described below. A vessel may land xxxxxxx, longfin squid, mackerel, xxxxxxx and other 11 species permitted for retention in small-mesh exempted fisheries, provided the vessel still meets the 12 requirements of those fisheries. For more information on small-mesh fishery exemptions and permitted 13 species see: 14 xxxxx://xxx.xxxxxxxxxxxxxxx.xxxxxxxxx.xxxx.xxx/regs/infodocs/small_mesh_exemptions.pdf 15 Vessels may not fish the small-mesh portion of their trip using this exemption in the Southern 16 Windowpane Accountability Measure Areas, where they overlap with the exemption area. 1 As shown above• A drop chain sweep with a minimum drop of 12 inches (30.48 cm) in length, with a 24 inch 2 headrope setback; or 4 • A large mesh belly panel with a minimum mesh size of 32 inches (81.28 cm), with the meshes 5 hung on the half (hanging ration of 2:1); or 7 • An excluder grate secured forward of the codend with an outlet hole forward of the grate with bar 8 spacing no more than 1.97 inches (5.00 cm) wide. 10 In order to use this exemption, the Sector Smallfollowing additional conditions and restrictions apply: 11 1. Prior to leaving the dock, the vessel must declare a small-Mesh Fishery mesh trip through the VMS trip start 12 hail by checking the box next to “Other Exemption Area is comprised (when directed by NMFS)” under sector 13 exemptions. 15 2. A vessel declaring this exemption must render its small-mesh gear not available for immediate 16 use, as defined by 50 C.F.R. § 648.2, when using large-mesh gear during the first portion of Statistical Areas 537the 17 trip. 19 3. Upon completing the large-mesh portion of the trip, 2 539, and 613, and is defined as the waters bounded by the following points, connected in the order listed 3 by rhumb lines, except where otherwise noted: A 70° 00' 41° 14.45' (1) B 70° 00' 39° 50' C 71° 40' 39° 50' D 71° 40' 40° 00' E 73° 00' 40° 00' F 73° 00' 40° 44.9' (2)(3) G 72° 1.8' 41° 00' (3)(4) H 71° 40' 41° 00' I 71° 40' 41° 21' (5)(6) J 71° 10' 41° 28.3' (6)(7) K 71° 10' 41° 20' L 70° 49.5' 41° 20' (8)(9) M 70° 26.96' 41° 21.05' (9)(10) N 70° 18.82' 41° 20.14' (11)(12) O 70° 18.30' 41° 19.76' (12)(13) P 70° 16.65' 41° 18.73' (14)(15) Q 70° 15.31' 41° 17.32' (15)(16) R 70° 14' 41° 17' (17)(18) A 70° 00' 41° 14.45' (18)(1) (1) Point A represents the intersection of 70°00'W longitude and the south coast of Nantucket, MAvessel must submit a Multispecies Catch