Scope of Membership Obligations. The obligations of the Members set forth in 33 this Agreement shall only apply to the Permits and Participating Vessels (and not to any other 34 permits or vessels owned by the Members that are not enrolled in the Sector pursuant to the terms 35 hereof) to the extent that such Permits or Participating Vessels are fishing commercially with gear 36 that is capable of harvesting Groundfish. Notwithstanding the foregoing, the Members 37 acknowledge and agree that the Sector and its Members may, from time to time, be permitted to 38 participate in certain Special Access Programs (each a “SAP”) and that it may be necessary to 39 expand the scope of the membership obligations hereunder, in order to ensure that the Sector and 40 its Members are in compliance with the rules and regulations relating to each such SAP. Therefore, 41 the Members hereby agree to execute any amendments or supplements to this Agreement, which 42 may reasonably be requested by the Sector or the Sector Manager in order to comply with the rules 43 and regulations relating to any such SAP, including, without limitation, any amendments or 44 supplements that expand the scope of the membership obligations hereunder to apply to vessels 45 and/or permits that are not enrolled in the Sector.
Scope of Membership Obligations. 3.02.1. The obligations of the Members set forth in this Agreement shall only apply to the Permits and Participating Vessels, and shall not extend to any other permits or vessels owned by the Members that are not enrolled in the Sector pursuant to the terms of this Agreement.
3.02.2. If a Member transfers its Permit from the Participating Vessel to a new vessel during the term of this agreement, the new vessel shall be subject to the terms of this Agreement.
3.02.3. The Members acknowledge and agree that the Sector and its Members may, from time to time, be permitted to participate in certain Special Access Programs (each an "SAP") and that it may be necessary to modify or expand the scope of the obligations under this Agreement in order to ensure that the Sector and its Members comply with the rules relating to each such SAP. Therefore, the Members agree to execute any amendments to this Agreement subject to the approval of NMFS, which may reasonably be requested by the Sector or the Sector Manager in order to comply with the rules relating to any such SAP, including, without limitation, any amendments that expand the scope of the Members’ obligations hereunder to apply to vessels and/or permits that are not enrolled in the Sector.
3.02.4. The Members shall comply with all terms of this Agreement and its Operations Plan (“Operations Plan”), including, but not limited to, any Sector Harvest Plan adopted by the Board or Sector Manager in order to comply with applicable Sector laws and rules (“Harvest Plan”). The Operations Plan is comprised of the following Exhibits to this Agreement:
a. Exhibit A - Penalty Schedule b. Exhibit B – Harvest Plan
Scope of Membership Obligations. 6 The obligations of the Members set forth in this Agreement shall only apply to the Permits and
Scope of Membership Obligations. The obligations of the Members set forth in the Sector 21 Operations Plan and Agreement shall only apply to the Permits and Participating Vessels (and not 22 to any other permits or vessels owned by the Members that are not enrolled in the Sector pursuant 23 to the terms hereof) to the extent that such Permits or Participating Vessels are fishing 24 commercially with gear that is capable of harvesting Groundfish.
Scope of Membership Obligations. The obligations of the Members set forth in this Agreement shall only apply to the Permits and Participating Vessels (and not to any other permits or vessels owned by the Members that are not enrolled in the Sector pursuant to the terms hereof) to the extent that such Permits or Participating Vessels are fishing commercially with gear that is capable of harvesting multispecies species managed under the Plan. Notwithstanding the foregoing, the Members acknowledge and agree that the Sector and its Members may, from time to time, be permitted to participate in certain Special Access Programs (each an “SAP”) and that it may be necessary to expand the scope of the membership obligations hereunder, in order to ensure that the Sector and its Members are in compliance with the rules, regulations, and legislative intent relating to each such SAP. Therefore, the Members hereby agree to execute any amendments or supplements to this Agreement, which may reasonably be requested by the Sector or the Sector Manager in order to comply with the rules, regulations, or legislative intent relating to any such SAP, including, without limitation, any amendments or supplements that expand the scope of the membership obligations hereunder to apply to vessels and/or permits that are not enrolled in the Sector. Pursuant to Section 402(b)(1)(F) of the Xxxxxxxx-Xxxxxxx Fishery Conservation and Management Act, 16 U.S.C. § 1881a(b)(1)(F), the undersigned hereby authorizes the release to the Sustainable Harvest Sector of information regarding the catch of various species of fish associated with the limited access Northeast multispecies permit with the Moratorium Right Identifier (MRI) submitted in Exhibit E to the National Marine Fisheries Service in compliance with 50 CFR parts 648.7 and 648.87, that the undersigned has authority to access. This information includes, but is not limited to, vessel trip reports (VTR), dealer reports, and information collected by the Northeast Fishery Observer Program (NEFOP), the sector dockside monitoring program, and (if applicable) the sector at-sea monitoring program. This information shall be used exclusively by the sector for matters pertaining to sector management, including record retention requirements. Such information may not be released by the Sector to another entity. When information released to the sector by the National Marine Fisheries Service is no longer needed for sector management, it shall be destroyed or returned by the Sector Mana...
Scope of Membership Obligations. The obligations of the northeast multispecies permit holder members set for in this Agreement shall only apply to the permits enrolled in the Sector, and not extend to any other permits or vessels owned by the northeast multispecies permit holder member that are not enrolled in the Sector pursuant to the terms of this Agreement.
3.1). The northeast multispecies permit holder members shall not be considered employees or agents of the State.
3.2). Nothing in this agreement should be construed as a waiver by the State of Maine of its sovereign immunity.
3.3). The northeast multispecies permit holder members hereby agree to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims, costs, expenses, injuries, liabilities, losses and damages of every kind and description incurred under this Agreement (hereinafter referred to as “claims”), including but not limited to any claims resulting from or arising out of any violations associated with the use of their permits identified in section X.1 above.
Scope of Membership Obligations. The obligations of the Members set forth in this Agreement shall only apply to the Permits and Participating Vessels (and not to any other permits or vessels owned by the Members that are not enrolled in the Sector pursuant to the terms hereof) to the extent that such Permits or Participating Vessels are fishing commercially (i) in the Area (as hereinafter defined) and (ii) with gear that is capable of harvesting GB cod or other groundfish species managed under the Plan. Notwithstanding the foregoing, the Members acknowledge and agree that the Sector and its Members may, from time to time, be permitted to participate in certain Special Access Programs (each an “SAP”) and that it may be necessary to expand the scope of the membership obligations hereunder, in order to ensure that the Sector and its Members are in compliance with the rules, regulations, and legislative intent relating to each such SAP. Therefore, the Members hereby agree to execute any amendments or supplements to this Agreement subject to the approval of NMFS, which may reasonably be requested by the Sector or the Sector Manager in order to comply with the rules, regulations, or legislative intent relating to any such SAP, including, without limitation, any amendments or supplements that expand the scope of the membership obligations hereunder to apply to vessels and/or permits that are not enrolled in the Sector.
Scope of Membership Obligations. The obligations of the Members set forth in this Agreement shall only apply to the Permits and Participating Vessels (and not to any other permits or vessels owned by the Members that are not enrolled in the Sector pursuant to the terms hereof) to the extent that such Permits or Participating Vessels are fishing commercially with gear that is capable of harvesting Groundfish. Notwithstanding the foregoing, the Members acknowledge and agree that the Sector and its Members may, from time to time, be permitted to participate in certain Special Access Programs (each an “SAP”) and that it may be necessary to expand the scope of the membership obligations hereunder, in order to ensure that the Sector and its Members are in compliance with the rules and regulations relating to each such SAP. Therefore, the Members hereby agree to execute any amendments or supplements to this Agreement, which may reasonably be requested by the Sector or the Sector Manager in order to comply with the rules and regulations relating to any such SAP, including, without limitation, any amendments or supplements that expand the scope of the membership obligations hereunder to apply to vessels and/or permits that are not enrolled in the Sector.
Scope of Membership Obligations. The obligations of the Members set forth in 33 this Agreement shall only apply to the Permits and Participating Vessels (and not to any other 34 permits or vessels owned by the Members that are not enrolled in the Sector pursuant to the 35 terms hereof) to the extent that such Permits or Participating Vessels are fishing commercially 36 with gear that is capable of harvesting Groundfish. Notwithstanding the foregoing, the Members 37 acknowledge and agree that the Sector and its Members may, from time to time, be permitted to 38 participate in certain Special Access Programs (each a “SAP”) and that it may be necessary to 39 expand the scope of the membership obligations hereunder, in order to ensure that the Sector and 40 its Members are in compliance with the rules and regulations relating to each such SAP.
Scope of Membership Obligations. The obligations of the Members set forth in this Agreement shall only apply to the Permits and Participating Vessels and not to any other permits or vessels owned by the Members that are not enrolled in the Sector pursuant to the terms hereof to the extent that such Permits or Participating Vessels are fishing commercially (i) with gear that is capable of harvesting regulated groundfish species managed under the Plan. Notwithstanding the foregoing, each Member is required to provide the Manager with the information requested in Exhibit D, including but not limited to a list of all federal and state permits assigned to participating vessels. Sector members, from time to time, may be permitted to participate in SAPs or any other pilot program, or to access any closures as authorized by NMFS. It may be necessary to expand the scope of the membership obligations hereunder, in order to ensure that the Sector and its Members are in compliance with the rules and regulations. Therefore, the Members hereby agree to execute any amendments or supplements to this Agreement, which may reasonably be requested by the Sector or the Sector Manager in order to comply with the rules and regulations, including, without limitation, any amendments or supplements that expand the scope of the membership obligations hereunder to apply to vessels and/or permits that are not enrolled in the Sector.
