Common use of Stop Fishing Order; Injunctive Relief Clause in Contracts

Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and severally liable 7 if (a) a sector exceeds its ACE, (b) a sector member discards legal-sized fish, or (c) a sector 8 member misreports landings or discards. If a sector exceeds its ACE in a given fishing year, the 9 sector’s allocation may be reduced by the overage in the following fishing year, and the sector, 10 each vessel, and vessel operator and/or vessel owner participating in the sector may be jointly and 11 severally liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in 12 connection with such overage. In addition, if a Sector exceeds its ACE in more than one fishing 13 year, NOAA may permanently reduce the Sector’s ACE or withdraw the sector’s authorization to 14 operate. 16 The sector will exceed its ACE only if one or more members overharvest their harvest share. A 17 member’s overharvest of its harvest share would be a breach of this agreement for which a 18 member would be liable for damages. Because each incident of sector ACE overharvest would 19 constitute a separate violation of the Amendment 16 regulations, and because each such incident 20 would be treated as a prior violation by NOAA for purposes of determining appropriate fines,

Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and 2 severally liable 7 if (a) a sector Sector exceeds its ACE, (b) a sector Sector member discards legal-sized legal‐sized fish, or (c) a sector 8 3 Sector member misreports landings or discards. If a sector Sector exceeds its ACE in a given fishing year, the 9 sector4 Sector’s allocation may be reduced by the overage in the following fishing year, and the sectorSector, 10 each 5 vessel, and vessel operator and/or vessel owner participating in the sector Sector may be jointly and 11 severally 6 liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in 12 connection with such 7 overage. In addition, if a Sector exceeds its ACE in more than one (1) fishing 13 year, NOAA NMFS may 8 permanently reduce the Sector’s ACE or withdraw the sectorSector’s authorization to 14 operate. 16 9 The sector Sector will exceed its ACE only if one or more members overharvest their harvest shareHarvest Share, as (subject 10 to the provisions of Section 7.1, above) the Sector’s ACE, less the Reserve, is fully distributed to the 11 Members as their Harvest Shares. A 17 memberMember’s overharvest of its harvest share Harvest Share would be a breach of 12 this agreement Agreement for which a 18 member Member would be liable for damages. Because each incident of sector ACE 13 overharvest would 19 constitute a separate violation of the Amendment 16 regulations, and because each 14 such incident 20 would be treated as a prior violation by NOAA NMFS for purposes of determining appropriate 15 fines,, penalties and forfeitures in connection with a subsequent violation, the damages suffered by the 16 Sector as a result of an overharvest by one or more Members that resulted in the Sector overharvesting 17 its ACE would be consequential and irreparable.

Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and 2 severally liable 7 if (a) a sector Sector exceeds its ACE, (b) a sector Sector member discards legal-sized fish, or (c) a sector 8 3 Sector member misreports landings or discards. If a sector Sector exceeds its ACE in a given fishing year, the 9 sector4 Sector’s allocation may be reduced by the overage in the following fishing year, and the sectorSector, 10 each 5 vessel, and vessel operator and/or vessel owner participating in the sector Sector may be jointly and 11 severally 6 liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in 12 connection with such 7 overage. In addition, if a Sector exceeds its ACE in more than one (1) fishing 13 year, NOAA NMFS may 8 permanently reduce the Sector’s ACE or withdraw the sectorSector’s authorization to 14 operate. 16 9 The sector Sector will exceed its ACE only if one or more members overharvest their harvest shareHarvest Share, as (subject 10 to the provisions of Section 7.1, above) the Sector’s ACE, less the Reserve, is fully distributed to the 11 Members as their Harvest Shares. A 17 memberMember’s overharvest of its harvest share Harvest Share would be a breach of 12 this agreement Agreement for which a 18 member Member would be liable for damages. Because each incident of sector ACE 13 overharvest would 19 constitute a separate violation of the Amendment 16 regulations, and because each 14 such incident 20 would be treated as a prior violation by NOAA NMFS for purposes of determining appropriate 15 fines,, penalties and forfeitures in connection with a subsequent violation, the damages suffered by the 16 Sector as a result of an overharvest by one or more Members that resulted in the Sector overharvesting 17 its ACE would be consequential and irreparable.

Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and severally liable 7 10 if (a) a sector exceeds its ACE, (b) a sector member discards legal-sized fish, or (c) a sector 8 11 member misreports landings or discards. If a sector exceeds its ACE in a given fishing year, the 9 12 sector’s allocation may be reduced by the overage in the following fishing year, and the sector, 10 13 each vessel, and vessel operator and/or vessel owner participating in the sector may be jointly and 11 14 severally liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in 12 15 connection with such overage. In addition, if a Sector exceeds its ACE in more than one fishing 13 16 year, NOAA may permanently reduce the Sector’s ACE or withdraw the sector’s authorization to 14 17 operate. 16 19 The sector will exceed its ACE only if one or more members overharvest their harvest share. A 17 20 member’s overharvest of its harvest share would be a breach of this agreement for which a 18 21 member would be liable for damages. Because each incident of sector ACE overharvest would 19 22 constitute a separate violation of the Amendment 16 regulations, and because each such incident 20 23 would be treated as a prior violation by NOAA for purposes of determining appropriate fines,

Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and severally liable 7 37 if (a) a sector exceeds its ACE, (b) a sector member discards legal-sized fish, or (c) a sector 8 38 member misreports landings or discards. If a sector exceeds its ACE in a given fishing year, the 9 39 sector’s allocation may be reduced by the overage in the following fishing year, and the sector, 10 40 each vessel, and vessel operator and/or vessel owner participating in the sector may be jointly and 11 41 severally liable for civil penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in 12 42 connection with such overage. In addition, if a Sector exceeds its ACE in more than one fishing 13 43 year, NOAA may permanently reduce the Sector’s ACE or withdraw the sector’s authorization to 14 44 operate. 16 45 46 The sector will exceed its ACE only if one or more members overharvest their harvest share. A 17 47 member’s overharvest of its harvest share would be a breach of this agreement for which a 18 1 member would be liable for damages. Because each incident of sector ACE overharvest would 19 2 constitute a separate violation of the Amendment 16 regulations, and because each such incident 20 3 would be treated as a prior violation by NOAA for purposes of determining appropriate fines,

Stop Fishing Order; Injunctive Relief. Sector members may be held jointly and severally 11 liable 7 if (a) a sector Sector exceeds its ACE, (b) a sector Sector member discards legal-sized legal‐sized fish, or (c) a sector 8 Sector member 12 misreports landings or discards. If a sector Sector exceeds its ACE in a given fishing year, the 9 sectorSector’s allocation 13 may be reduced by the overage in the following fishing year, and the sectorSector, 10 each vessel, and vessel 14 operator and/or vessel owner participating in the sector Sector may be jointly and 11 severally liable for civil 15 penalties and permit sanctions pursuant to 15 C.F.R. Part 904 in 12 connection with such overage. In 16 addition, if a Sector exceeds its ACE in more than one (1) fishing 13 year, NOAA NMFS may permanently reduce the 17 Sector’s ACE or withdraw the sectorSector’s authorization to 14 operate. 16 The sector 00 Xxx Xxxxxx will exceed its ACE only if one or more members overharvest their harvest shareHarvest Share, as (subject 19 to the provisions of Section 7.1, above) the Sector’s ACE, less the Reserve, is fully distributed to the 20 Members as their Harvest Shares. A 17 memberMember’s overharvest of its harvest share Harvest Share would be a breach of this agreement for which a 18 member would be liable for damages. Because each incident of sector ACE overharvest would 19 constitute a separate violation of the Amendment 16 regulations, and because each such incident 20 would be treated as a prior violation by NOAA for purposes of determining appropriate fines,this